Planning staff recommends conditional approval and adoption of the recommended findings of the review criteria for Variance 1374.

This is a variance request for property located at 3245 & 3275 Conrad Rd in a Heavy Commercial (CX) zone district. The applicant is requesting to locate some of the off-street parking in front of the building. This is a variance from Section 27-409 – Table 27-400.6 (B.6) requiring surface parking to be in the side or rear yard to allow parking in the front yard of property in a Heavy Commercial (CX) zone. The legal description of the property is Lots 1 and 2, Block 1 of Tierra Yellowstone Subdivision, a 2.022 acre parcel of land.

While the applicant could allocate parking spaces along the north, east, and west sides of the building, doing so would impede access to the loading and unloading area. The building has street frontage along the south property line. Additionally, the placement of accessible parking stalls along the east side may not comply with the ADA requirement for placing those spaces in proximity to the building entry doors. To mitigate these concerns, the proposal suggests positioning 12 of the 45 parking spaces in a single row at the front of the building, aligning with the structure. This approach does not undermine the purpose of the code requirement to discourage excessive surface parking. In zone districts where limited front yard parking is allowed, this is the required site design. Districts that allow limited front yard parking are Neighborhood Mixed Use (NMU), Neighborhood Office (NO), and in some EBURD zone districts.

The Board of Adjustment has previously granted variances for similar requests, notably for the Costco Warehouse and an office/warehouse building. Costco is located at 3840 Zoo Drive (Variance 1343 in 2022) and the office/warehouse building is located at 3160 S Frontage Road (Variance 1359 in 2023). These variances were justified by physical constraints and operational needs. Furthermore, precedent exists within the subdivision, where four other lots on Conrad Rd. feature front-yard parking, albeit these developments predate the current zoning regulations.

APPLICATION DATA
OWNER: Scott Cox
AGENT: Taylor Kasperick, Performance Eng.
PURPOSE: 12 parking spaces located in front of the new structure
LEGAL DESCRIPTION: Lots 1 and 2, Block 1 of Tierra Yellowstone Sub.
ADDRESS: 3245 & 3275 Conrad Rd.
SIZE OF PARCEL: 2.022 acres
ZONING: Heavy Commercial (CX)
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Commercial Mixed Use

SURROUNDING ZONING & LAND USE
NORTH: Zoning: CX
Land Use: Vacant
SOUTH: Zoning: CX
Land Use: Commercial Office (EBMS SW) - Paws & Claws pet training & boarding (SE)
EAST: Zoning: CX
Land Use: Offices (Faithful Disaster Restoration)
WEST: Zoning: CX
Land Use: Warehouse (self storage)

Planning staff notified the surrounding property owners by mail, placed a legal advertisement in the Yellowstone County News, and posted the property with the required sign. The application was also posted on our webpage for current zoning applications. No comments from any surrounding owners were received by staff.
 

The Board of Adjustment may:

• Conditionally approve the requested variance and adopt the proposed findings of fact for the review criteria as recommended by the Planning staff;
• Approve the requested variance with different or added conditions, or no conditions;
• Deny the requested variance and amend the findings of fact for the criteria;
• Allow the applicant to withdraw the variance request; or
• Delay action on the variance to a future BOA meeting.

Under local regulations and state law, four votes in favor of a variance request are needed for approval. The applicant has not requested a delay of the hearing or a withdrawal of the application.

Approval or denial of the requested variance will have no financial effect on the Planning Division budget.

Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
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 proposed use of the property involves a mixed-use commercial structure incorporating both warehouse and retail spaces, necessitating ample room for semi-truck and trailer maneuverability. Due to this requirement, parking vehicles along both sides of the drive aisles on the building's west and east sides is restricted, albeit still accommodating space for larger vehicles. Consequently, allocating parking in front of the building primarily for retail and customer purposes becomes imperative, ensuring the safety of customers and pedestrians by keeping them away from zones where truck traffic and heavy vehicles operate.

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.
Two properties have been developed to the west, adhering to previous zoning regulations. These establishments feature parking areas situated at the front of their lots. Moreover, the property to the south has been developed with extensive parking, stretching from the northern to the southern property lines on the east side of the building. Additionally, four variances for front yard parking have been granted, with three in the CX zone district and one in the CMU2 zone district.

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.
Just as indicated in the assessment of criteria 2, the approval of this variance might not bestow an exclusive benefit upon the applicant, given the existing developments in the vicinity and the past variances granted for parcels within a CX zone district facing comparable challenges. Nevertheless, it's important to note that the existing developments in the area were constructed in accordance with 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, along with the 2021 Zoning Code crafted to advance its objectives, aim to discourage the outdated development practice of situating all new commercial constructions behind extensive parking lots. Allocating twelve parking spaces along the front of a building, adjacent to a low-speed local street, aligns with the overarching goals and principles of the Growth Policy and zoning regulations. This approach ensures that the building's appearance remains the focal point visible from the roadway.

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 12 surface parking spaces to be in the front yard of the proposed office/warehouse building at 3245 and 3275 Conrad Rd. 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 Conrad Road. No other variance is intended or implied.
2. The variance is limited to Lots 1 and 2, Block 1 of Tierra Yellowstone Sub.
3. Minor modifications to the location of the proposed structures and other site improvements as shown on the submitted site plans (Site Layout Exhibit A) is allowed.
4. The applicant will complete the building permit process within 1 year of Board approval and complete the project within 2 years of Board approval.
5. 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.
6. All other zoning regulations, except for this specific variance, and any other applicable city regulations apply to the development of the site.
7. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
8. 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.

3) The Board 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.
Staff is recommending conditions of approval that include time limits to begin and complete the project.

4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Office/warehouses businesses are allowed uses in the CX zone.