County Variance 300– 392 Light Stream Lane– Front Yard location for accessory building - A variance from Section 27-304, Table 27-.300.3(6) requiring an accessory building (garage) to be located in a rear yard, to allow a garage under construction to remain in the front yard in a Large Lot Suburban Neighborhood Residential (N4) zone district on Block 2, Lot 1 of Sundance Subdivision, an 24,570 square foot parcel of land. The purpose of the variance is to allow the completion of construction of a new garage in the front yard at 392 Light Stream Lane. 

The Planning staff has reviewed this application and is forwarding a recommendation of denial based on the determinations for review within this report.

OWNER: Don Marty and Sherri Maxwell
AGENT: Ty Ekle, Contractor
PURPOSE: Allow a detached garage in the front yard 
LEGAL DESCRIPTION: Lot 1 of Block 2 of Sundance Subdivision located in the west one-half (W1/2) of the southwest one-quarter (SW1/4) of Section 3, Township 1 south, Range 25 east, Principal Meridian Montana, Yellowstone County, Montana 
ADDRESS: 392 Light Stream Lane
SIZE OF PARCEL: 24,570 square feet
ZONING: N4 - Large Lot Suburban Neighborhood
EXISTING LAND USE: Residential
PROPOSED LAND USE: No change

None

See attachments. 

The applicant is requesting a variance request from Section 27-304, Table 27-300.3 Site and Structure Regulations requiring any detached accessory building be placed in the rear yard, to allow the placement of the detached structure in the front yard in a Large Lot Suburban Neighborhood Residential (N4) zone.  Planning staff posted the property, mailed notices to owners within the required 150 foot radius of the subject property, and published a legal ad in the newspaper. The planning staff also posted the application on our "Current Zoning Applications" web page. Planning staff received one comment from a neighbor in the area in opposition. This correspondence has been enclosed with this report. 

The applicant began constructing a detached garage in the front yard before applying for a Zoning Compliance Permit (ZCP). After being informed of the requirement by County Code Enforcement, the applicant submitted the ZCP application on August 15, 2024. The application was denied and sent to the owner for corrections due to the garage's location in the front yard per the zoning regulations. The applicant in his application noted the location of the existing septic drainfield, the significant setback of the house on the lot that makes the rear yard small, and the prohibited access from the lot to 48th Street West all as hardships that resulted in the garage being constructed in the front portion of the lot. The DEQ approval for the septic and drainfield for this lot placed the dwelling 130 feet from the front property line with the septic tank and drainfield in the front yard. There is a small 30-foot rear yard behind the home. Access to the rear yard would require a new driveway off the existing driveway to go north around the side of the home since access is prohibited off of 48th Street West. A detached garage behind the home would be much smaller than the garage proposed for the front yard given the rear yard area.

The property to the south, at 393 S 48th St W, is not part of this subdivision and is in the Rural Residential 1 (RR1) zone district. On this parcel, the accessory building is actually in the rear yard as seen in the aerial photo since the property is still allowed access off of 48th Street West. When the Sundance Subdivision was platted, a 1-foot no-access strip was platted along 48th Street West so none of the lots in the Sundance Subdivision may access directly to 48th Street West. The surrounding properties in the Sundance Subdivision to the north and east are currently undeveloped. This subdivision is still under construction and has several lots that are undeveloped. The lots that are developed do not have any detached garages located in the front yards. The house on this parcel is set to the rear of the property with the septic and drainfield approved in the front yard of the parcel. The location of the home was dictated by the DEQ approval and not at the request of the owner. Planning staff contacted the Yellowstone County Health Department/Riverstone Health and there are concerns about the current location of the accessory building foundation. ARM 17.36.323 requires setbacks from foundations and setbacks from a drainfield replacement area. 

 

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

Section 27-1626(D): The 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 special circumstances that exist which are peculiar to the land are centered around the location of the septic system drainfield as required by DEQ and the prohibited access to 48th Street West from the rear yard which makes accessing a garage in that location difficult but not impossible.  Aside from the septic drainfield location, the applicant in his application noted the significant setback of the house on the lot that makes the rear yard small, and the prohibited access from the lot to 48th Street West as hardships that resulted in the garage being constructed in the front portion of the lot. The house sits to the rear of the property, limiting space to construct a detached garage and access to it in the rear yard. However, the garage could have been reduced in size and fit towards the rear of the lot, or could have been attached to the house to eliminate the proposed front yard location. There are no topographical features that would restrict the placement of the garage. The septic tank and drain are required by DEQ approval to be in the front yard. It also appears the garage may be located or in proximity to these facilities. ARM 17.36.323 requires setbacks from the drainfield and replacement area should a drainfield fail.     

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;

Allowing the variance would give the applicant rights not commonly enjoyed by other tracts in the same district. There have not been any similar variances granted in the area or surrounding neighborhoods. The requirement for a rear yard location for detached accessory structures was added to the County Zoning regulations in 2020. Many lots in this area of the County are very large so accessory garages and structures have been located in backyards as homes are differently positioned on these lots. There is not enough zoning history since this time to support a first impression variance from the requirement. The variance would allow the applicant a right not commonly enjoyed by other lots in the same district. Other lots in this subdivision have developed as required by the zoning code. Several lots along the east property line (Sundance Ridge Road and Candle Light Lane) also have front yard septic tanks and drainfields. None of these lots have built or have requested to build front yard detached garages. Surrounding subdivisions built prior to the 2020 code amendment also do not have front yard detached garages. The right is not commonly enjoyed by other owners in surrounding subdivisions.

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;

Granting this variance would confer a special privilege to this applicant as similar detached barns and garages in the front yard are not apparent in this subdivision and in similar neighborhoods in the area. The house sits to the rear of the property, limiting space to construct a detached garage and access to it in the rear yard. However, the garage could be reduced in size to fit towards the rear of the lot, or attached to the house and eliminate the proposed front yard location.

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 not in harmony with the general purpose and intent of the zoning regulations and the growth policy.   Detached barns and garages in the front yard are not apparent in this subdivision and in similar neighborhoods. The Growth Policy encourages compatibility in neighborhoods and approval of this variance does not encourage compatible character. Accessory buildings in front yards tend to reduce the residential character of the neighborhood. There are not any other garages in the front yards in this subdivision and surrounding neighborhoods. 

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 denial.
However, if the board makes findings to approve the variance, staff has prepared the following basic conditions for the variance request:

1. The variance is from Section 27-304, Table 27-300.3 Site and Structure Regulations that requires any detached accessory structure to be placed in the rear yard, to allow the placement of the detached structure in the front yard in a N4 zone district. No other variance is intended or implied by this approval.
2. The variance is limited to Block 2, Lot 1 of Sundance Subdivision, generally located at 392 Light Stream Lane.
3. The applicants will submit an updated Zoning Compliance Permit within six months and complete construction within one year of BOA approval.
4. The applicant shall provide correspondence from the County Health Department ensuring the detached accessory structure has met DEQ requirements for proximity to the existing drainfield and replacement area.
5. The applicant shall meet all other state and county code requirements with the exception of this variance.
6. 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.

If approved by the BOA, the applicant 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 denial based on the determinations for review within this report.