County Variance 297 – 495 El Paso St – Location of detached garage – A variance request from Section 27-304, Table 27-300.3 Site and Structure Regulations requiring any detached accessory structure be placed in the rear yard, to allow the placement of the detached structure in the side yard in a Large Lot Suburban Neighborhood Residential (N4) zone, on Lot 7, Block 1 of Sierra Estates Subdivision, 3rd Filing. Tax ID: C15505.  Presented by Karen Husman, Planner I.

Planning Staff has reviewed this application and is forwarding a recommendation of conditional approval based on the determinations for review within this report.

OWNER: Cody Brantz
PURPOSE: Allow a detached garage in side yard in an N4 zone
LEGAL DESCRIPTION: Lot 7, Block 1 of Sierra Estates Subdivision, 3rd Filing
ADDRESS:495 El Paso St. 
SIZE OF PARCEL: 20,000 sf
ZONING: N4
 EXISTING LAND USE: Residential
PROPOSED LAND USE: No change

None

None.

The applicant is requesting a variance request from Section 27-304, Table 27-300.3 Site and Structure Regulations requiring any detached accessory structure be placed in the rear yard, to allow the placement of the detached structure in the side yard in a Large Lot Suburban Neighborhood Residential (N4) zone.  The request is due to the location of the septic system and drain field in the rear yard.  The attached site plan depicts the drain field covering nearly the entire rear yard area that the code would require a detached structure located in this district.  The majority of detached structures in this and surrounding neighborhoods are located in the side yards, so locating the proposed structure in the side yard of this parcel would not be out of character in this area of Yellowstone County.

Staff did not receive any comments from other departments or any of the property owners notified within the 150 foot notification area surrounding the property. 

The Board of Adjustment shall make the following determinations prior to granting a variance:

The Per Section 27-1626(D); Board of Adjustment shall make the following determinations prior to granting a variance:
1.         That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;

The location of the septic system and drain field in the rear yard of this property creates challenges to conform to the code. For sanitary purposes, structures cannot be placed over top of these facilities.

2.         That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;

There are other parcels within this subdivision that have a detached structure in the side yard. Staff found five other parcels in the surrounding area, and in this subdivision that had detached structures located in the side yard area.  Denying the variance could deprive the applicant of rights enjoyed by other tracts in the same district. 

3.         That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;

The variance will not allow the applicant any special privileges. There are similar developed properties in the area with detached accessory structures in the side yard that were constructed under the previously adopted zoning code. Further the constraints of the septic system and drain field location create a unique challenge to overcome. Given the circumstances and property constraints, if a variance were to be approved, it would not be considered a special privilege.

4.         That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;

The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy. The zoning regulations contemplate accessory structures. They are an allowed use. Deviation from the site location is not in conflict with the spirit of the regulations.  Approval of this variance would allow the applicant to construct a detached garage in the side yard on the property that would be in compliance with the current zoning code and acquire a rebuild letter if needed.

Per Section 27-1626 (E): The following also apply:
1. Whenever the County Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.

2. In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code.

Staff is recommending the following conditions for the variance request:

1. The variance  from Section 27-304, Table 27-300.3 Site and Structure Regulations requiring any detached accessory structure be placed in the rear yard, to allow the placement of the detached structure in the side yard in a Large Lot Suburban Neighborhood Residential (N4) zone. No other variance is intended or implied with this approval.
2. The variance is limited to on Lot 7, Block 1 of Sierra Estates Subdivision, 3rd Filing, generally located at 495 El Paso St.
3. The applicants will submit an application for a Zoning Compliance Permit within six months and complete construction within one year of BOA approval.
4. The applicant shall meet all other state and county code requirements with the exception of this variance.
5. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs and assigns.

3. The BOA shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.

The applicants will apply for a Zoning Compliance Permit within six months and complete construction within one year of BOA approval.

4. Under no circumstances shall the BOA grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.

Approval of this variance will not allow a use that is restricted under the terms of this chapter. The “use” itself of a detached residential garage is allowed in the district.

Planning Staff has reviewed this application and is forwarding a recommendation of conditional approval based on the determinations for review within this report.