City Variance 1391 - Generally located on the corner of N 14th St & 2nd Ave N - a zoning variance request from Section 27-904, Table 27-900-5.1.a - Build-to Corner, and Street Side Build-To Zone requiring 0' to 10' on a side street to allow the building location along the alley approximately 70' from the side adjacent to street property line, Table 27-900-5.1.c requiring surface Parking and Loading Facility location to be in the rear yard, to allow Loading Facility on the alley side, and to allow a portion of the parking to be located in the side adjacent to street location in the East Billings Urban Revitalization District- Central Works (EBURD-CW) on Lots 13-16, Block 78, Billings Original Townsite, S33, T01 N, R26 E, a parcel of land approximately 14,000 sq. ft. The purpose of the variance is to allow the site to be developed with the structure adjacent to the alley. Tax ID: A00524

Planning staff recommends conditional approval of the variance request from Section 27-904, Table 27-900-5.1.a - Build-to Corner, and Street Side Build-To Zone requiring 0' to 10' on a side street to allow the building location along the alley approximately 70' from the side adjacent to street property line, Table 27-900-5.1.c requiring surface Parking and Loading Facility location to be in the rear yard, to allow Loading Facility on the alley side, and to allow a portion of the Parking to be located in the side adjacent to street location in the East Billings Urban Revitalization District- Central Works (EBURD-CW).

OWNERS: KCWD, LLC
AGENT: Jeff Winkler, HGFA Architects
PURPOSE:  Construction of a new Advanced Drive-Assistance System Building (ADAS)
LEGAL DESCRIPTION: Lots 13-16, Block 78, Billings Original Townsite, S33, T01 N, R26 E
ADDRESS: South east corner of North 14th Street and 2nd Avenue North
EXISTING LAND USE:  Vacant
PROPOSED LAND USE: Automotive repair -ADAS 
EXISTING ZONING: East Billings Urban Revitalization District-Central Works (EBURD_CW)

Administrative Relief for one foot additional max height allowance.

See attachments.

NORTH: SOUTH:  EAST: WEST:

The applicant is proposing to construct a new building intended for use as Advanced Driver Assistance Systems (ADAS) facility for automotive repair. This facility will focus on advanced vehicle safety electronics, including systems related to collision avoidance, lane departure warnings, adaptive cruise control, and other technologies that require specialized calibration and repair following vehicle collisions or mechanical work. The use is accessory and complementary to the applicant’s existing automotive operations located nearby and is designed to support modern vehicle safety standards.

The subject property is located within the EBURD-CW zoning district, which requires buildings to be developed in accordance with specific frontage and build-to regulations intended to promote a consistent streetscape and neighborhood character. Due to the front and side street requirements and the configuration of the lot, the applicant is requesting a variance from the required side street lot line build-to standards. Strict adherence to the side-street build-to and build-to-corner requirements would limit the functional layout of the building and hinder efficient access for vehicles requiring service.

The applicant proposes to locate the building closer to the alley, rather than along the primary street frontage and side street corner, in order to better align with existing development patterns along the block. Several surrounding properties are similarly oriented toward the alley, and the proposed placement is intended to maintain visual continuity and improve the overall aesthetic character of the neighborhood. By pulling the structure back from the side street and closer to the alley, the development is expected to reduce visual mass along the street frontage and better integrate with the established context of the area.

The proposal does not meet the front build-to zone but does not meet the side-street build-to zone or build-to-corner requirements of the district. However, the requested variance would allow the building to be constructed adjacent to the alley, with loading bay doors oriented toward the alley. This configuration is designed to accommodate the movement of vehicles between the proposed building and the applicant’s existing facility located across the alley, allowing for safe, efficient, and direct access without increasing traffic conflicts along the primary street frontage.

In addition, the applicant is requesting approval for some parking to be located along the side of the building closest to the adjacent street. Additional parking will be provided in the rear of the site. A fenced and secured area is also proposed to safely store vehicles that are undergoing repair or awaiting service, as well as to provide designated parking for staff. These design elements are intended to enhance site safety, minimize impacts to surrounding properties, and ensure that operational activities are contained within the site.

Overall, the proposed development is consistent with the Growth Policy guidelines related to neighborhood character. The building placement, alley-oriented access, and site design aim to balance functional operational needs with compatibility and visual coherence within the surrounding area.

STAKEHOLDERS
Planning staff notified adjacent property owners within 150 feet by mail, posted the property, and published the legal ad as required. As of the date of this staff report, no comments have been received regarding the variance.  The Board of Adjustment will hold a public hearing prior to acting on the request.

ALTERNATIVES
The Board of Adjustment may:

• Approve the requested Variance 1391 and adopt the staff's recommended findings of fact of the criteria and conditions of approval;
• Approve the requested Variance 1391 and adopt the staff's recommended findings of fact of the criteria; 
• Deny the requested Variance 1391 and adopt new findings of fact of the criteria; 
• Allow the applicant to withdraw the variance request; or 
• Delay action on the variance application to a future Board of Adjustment meeting.

FISCAL EFFECTS
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.D1. 
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 subject property has street frontage on two sides, making it impractical to meet all "build-to" requirements along each frontage. While an auto repair center is a permitted use in the EBURD-CW zone district, developing a compliant site plan on a lot with two street frontages presents considerable challenges under current zoning standards.  To navigate these constraints, the applicant proposes designating 2nd Avenue North as the "front property line" to fulfill the zone's "front build-to" requirement, as shown in the attached site plan. The property's unique configuration poses challenges for any commercial development, but these are particularly pronounced for an auto repair center. The subject property is located within the EBURD-CW zoning district, which requires buildings to be developed in accordance with specific frontage and build-to regulations intended to promote a consistent streetscape and neighborhood character. Due to the front and side street requirements and the configuration of the lot, the applicant is requesting a variance from the required side street lot line build-to standards. Strict adherence to the side-street build-to and build-to-corner requirements would limit the functional layout of the building and hinder efficient access for vehicles requiring service. Several surrounding properties are similarly oriented toward the alley, with parking located along the front and sides of the lots. The proposed building placement follows this pattern, aiming to maintain visual continuity along the block while complementing the existing development. By aligning the structure and parking layout with nearby properties, the design enhances the overall aesthetic character of the neighborhood, reduces visual clutter along the street frontage, and promotes a cohesive streetscape that respects the established context of the area. By pulling the structure back from the side street and closer to the alley, the development is expected to reduce visual mass along the street frontage and better integrate with the established context of the area. The hardship is not self-imposed but results from the combination of the zoning standards and the unique requirements of the proposed use.

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.
With respect to the build-to corner and side-street build-to requirements, there are several developed properties in the surrounding area that are similarly oriented toward the alley. Several surrounding properties are similarly oriented toward the alley, with parking located along the front and sides of the lots, reflecting a development pattern that prioritizes functional access over strict adherence to front street build-to standards. The proposed building placement is intended to align with this established pattern, positioning the structure closer to the alley while maintaining some setback from the side street. This approach is designed to preserve visual continuity along the block, ensuring that the new development complements the existing mix of building orientations and lot layouts in the neighborhood. By aligning both the structure and parking layout with nearby properties, the design accommodates operational needs, such as vehicle movement and access to multiple garage bays, without creating visual disruption along the street frontage. Parking in the front and side areas of the lot mirrors what is seen on surrounding properties, allowing for efficient circulation while minimizing conflicts with pedestrian areas and adjacent buildings. This configuration also provides opportunities for landscaping along the street edge, which can soften the appearance of parking areas, enhance the pedestrian experience, and contribute to the long-term beautification of the neighborhood.

The proposed placement further supports a cohesive streetscape by reducing the apparent mass of the building when viewed from the primary street. By situating the main operational façade and garage bays toward the alley, the design balances functional requirements with aesthetic considerations. Overall, this placement strategy not only respects the established development context but also enhances the character and visual appeal of the area, creating a design that is both practical for the auto repair use and harmonious with the surrounding neighborhood. Many of these properties were developed under prior zoning standards, and the current code allows limited relief from today’s build-to requirements when properties are redeveloped or modified, depending on the scope of the changes. A literal interpretation of the build-to standards would not deprive the applicant of rights enjoyed by other properties in the district, and there are no physical constraints that would prevent the building from being located in compliance with the required build-to zones. However, the unique configuration of the lot presents operational challenges, particularly for auto repair use. The west property line is classified as a side-street frontage, while the east property line abuts the alley and is considered a side yard. The functional front of the building faces south toward 2nd Avenue North, resulting in garage bay doors being oriented toward what is technically a side property line along the alley. This orientation is consistent with zoning standards that require garage doors to be located on the side or rear of a building. While the lot presents challenges for any development, these challenges are more pronounced for an auto repair center, which typically requires multiple service bays. Similar variances have been granted for comparable site designs in the area. Approval of this request would provide reasonable relief without depriving rights enjoyed by others in the district and would continue to encourage future development to comply with updated landscaping and design standards that support long-term district beautification.

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.
As with the findings under Criterion 2, approval of the requested variance would not constitute the granting of a special privilege to the applicant when evaluated in the context of the surrounding development pattern. Multiple properties along the same block and in the immediate vicinity are oriented toward the alley rather than toward the primary street frontage. This pattern reflects an established and recognizable development character in the area, particularly for properties with similar lot configurations and service-oriented uses. The proposed placement of the building is designed to be consistent with this existing context by maintaining visual continuity along the block. Locating the structure closer to the alley and setting it back from the side street reduces the perceived building mass along the street frontage, helping to avoid a more imposing or out-of-scale appearance. This approach allows the development to better integrate with neighboring properties and contributes to a more cohesive and visually appealing streetscape. Granting the variance would therefore not provide the applicant with a benefit that is unavailable to other properties in the district. Rather, it would allow a reasonable alternative that reflects how surrounding sites have been developed and function, particularly where alley access and service-oriented layouts are common. In this case, the variance supports compatibility with existing development patterns while preserving the overall aesthetic character of the neighborhood and upholding the intent of the zoning regulations.

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.
Overall, the proposed development is consistent with the Growth Policy guidelines related to neighborhood character. The building placement, alley-oriented access, and site design aim to balance functional operational needs with compatibility and visual coherence within the surrounding area.
Strong Neighborhoods
Neighborhoods that are safe and attractive and provide essential services are much desired.
The Growth Policy guidelines support development of infill parcels that integrate into existing neighborhood character.  Beautification and uniformity along transportation corridors is encouraged.  This infill development proposes uniformity with the neighborhood. 
Successful businesses that provide local jobs benefit the community.
The new business will create jobs, strengthen the local economy, and provide an auto repair service unique to auto safety that is currently not available in the local community.

Section 27-1627.E.
1) Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted. 
The above-referenced criteria from Section 27-1627.D. has been addressed above in the staff report for the board to state.

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 a request from Section 27-904, Table 27-900-5.1.a — Build-to Corner, and Street Side Build To Zone requiring 0' to 5' on a side street to allow the building location along the alley approximately 70' from the side adjacent to street property line, Table 27-900-5.1.c requiring surface Parking and Loading Facility location to be in the rear yard, to allow Loading Facility on the alley side, and to allow a portion of the Parking to be located in the side adjacent to street location in an EBURD Central Works (EBURD-CW) zone.  No other variance is intended or implied.
2. This variance request is applicable only to Lots 13-16, Block 78, Billings Original Townsite, S33, T01 N, R26 E, a parcel of land approximately 14,000 sq. ft.
3. The structure and site will be built in substantial conformance to the drawings submitted with this variance request.  Minor modifications to the location of the proposed structures and other site improvements as shown on the submitted site plans are allowed.
4. The applicant/developer shall apply for a building permit within 12 months of Board of Adjustments approval and complete the development within 2 years of Board of Adjustments approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
5. There shall be no construction activity prior to 7 am or after 8 pm daily.
6. All other zoning regulations, except for these specific variances, 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. Specifically, the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 2 years of Board approval.

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. Automotive repair centers are allowed uses in the EBURD-CW zone.

Planning staff recommends conditional approval of the variance request from  Section 27-904, Table 27-900-5.1.a - Build-to Corner, and Street Side Build-To Zone requiring 0' to 5' on a side street to allow the building location along the alley approximately 70' from the side adjacent to street property line, Table 27-900-5.1.c requiring surface Parking and Loading Facility location to be in the rear yard, to allow Loading Facility on the alley side, and to allow a portion of the Parking to be located in the side adjacent to street location in the East Billings Urban Revitalization District- Central Works (EBURD-CW).