The applicant has stated hardship with this property is due to the dimensions of the site that would not allow for a layout of development without creating "dead" space within the property.  The applicants' letter to the BOA also states they believe the usable space as shown on the proposed site plan would be maximized, and placing the seven parking spaces to the rear was not their optimal plan as they felt placing the parking in the front would limit interference between passenger vehicles and the heavy semi-trucks drive lane. The property is subject to physical constraints including a petroleum pipeline that runs near the rear of the property, and across the southeast corner of the property.  The south half of the property is affected by the Yellowstone River Floodplain fringe area and a side channel of the river comes close to the southern boundary. The applicant's specific internal traffic needs requires a stormwater management area, turn around space on both sides of the building and access from the front of the building to the rear. These are circumstances that are peculiar to this location.

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 two newer buildings to the west that have conformed to the new zoning standards for the placement of parking, but these uses and tracts were not subject to the same physical constraints as this parcel. In addition, property further west on the S Frontage Road corridor have large front yard parking lots including Hogan Crane and Transport (3716 S Frontage Rd), Intermountain Distributing (1010 Intermountain St), and the I-State Truck Center at (4600 S Frontage Road). However, the existing businesses were developed under the old code and so were not required to develop like new projects. In addition, the variance approved for the Costco Warehouse in 2022 is an example of similarly situated property and the property at 3160 S. Frontage Rd. was granted a similar variance in May of this year.

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

Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area and on the previous variances approved for other parcels in a CX zone district with similar hardships and the existing developments with all of their parking located in the front of the buildings, in the area were built under the previous code.

4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.

The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. The provision of seven of twenty-four parking stalls in the front of the building, in this case, will be in harmony with the general purposes and intent of the Growth Policy and zoning code with the majority of parking stalls located adjacent to the building. The appearance of the structure itself will be the most prominent feature from the right of way with a majority of the parking being on the sides of the building and in the back.

Section 27-1627.E
2) In granting any variance, the Board 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 conditions for the approval of this variance request.
1. The variance is to allow up to seven surface parking spaces to be in the front yard of the proposed office/warehouse building at 3100 S Frontage Road. The front yard is a yard extending along the full length of the front lot line which is situated between the office/warehouse building and the front lot line on S Frontage Road. No other variance is intended or implied.
2. The variance is limited to Lots 5-7 of Riverside Acreage Tracts Subd., generally located at 3100 S Frontage Road.
3. The property must be annexed into the City of Billings in order for this variance approval to be valid.  Annexation will be completed within 3 months of approval of this variance.
4. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans are acceptable.
5. The street frontage landscaping on S Frontage Road will not include any evergreen trees or shrubs that are intended to obscure the subject property either at the time of installation or at maturity. All street trees installed shall be trimmed up so the lowest branch height at installation is at least 8 feet above grade. 
6. No outdoor announcement system shall be audible beyond the exterior property lines.
7. The applicant will complete the building permit process (after annexation) within 2 years of Board approval and complete the project within 5 years of Board approval.
8. Any structures not shown on this approved site plan, will comply with all zoning regulations and other city regulations in place at the time of development.
9. All other zoning regulations, except for this specific variance, and any other applicable city regulations apply to the development of the site.
10. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
11. 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, lease-holders, heirs and assigns.