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a.
County Board of Adjustment
Meeting Date:
12/10/2015
SUBJECT
County Variance #278
THROUGH:
Candi Millar
PRESENTED BY:
Karen Husman

Information

REQUEST

Variance #278.  This is a variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a minimum lot area of 7.62 acres in an Agriculture-Open Space zoning district on the West ½ of the West ½ of Lot 1 in Section 2, Township 1 North, Range 26 East, a 10.13 acre parcel of land. The proposed variance is to adjust the boundary line between 2 parcels of land to allow access to Plateau Road. Tax ID: D04935. Productions Consulting, LLC, owner, Scott Aspenlieder, Agent. Presented By: Karen Husman, Planner I.
 

RECOMMENDATION

The Planning Division is forwarding a recommendation of Conditional Approval.
 

APPLICATION DATA

OWNER:Production Consulting, LLC  
AGENT:Scott Aspenlieder, Performance Engineering and Consulting  
LEGAL DESCRIPTION:West ½ of the West ½ of Lot 1 in Section 2, Township 1 North, Range 26 East  
ADDRESS:1412 Sagebrush Road  
CURRENT ZONING:A-1  
EXISTING LAND USE:Residential  
PROPOSED USE:Residential  
SIZE OF PARCEL:10.13 acre  

CONCURRENT APPLICATIONS

County Zone Change #668 –requesting a zone change from Agriculture-Open Space (A-1) and Residential 15,000 (R-150) to Residential 9,600 (R-96) on Tracts 1A, 2A, 3A, 4A, 5A1, 6A, 7A, 8A, 9, 10A, 10B, 11 and 12B, and unplatted portions of land described as the SW1/4NW1/4 and the NW1/4SW1/4 of Section 2, Township 1 North, Range 26 East, a 222.83 acre parcel of land generally located east of Highway 87 North and west of Plateau Road. 
 
Morrell Subdivision- a proposed major subdivision consisting of 165 lots on Tracts 1A, 2A, 3A, 4A, 5A1, 6A, 7A, 8A, 9, 10A, 10B, 11 and 12B, and unplatted portions of land described as the SW1/4NW1/4 and the NW1/4SW1/4 of Section 2, Township 1 North, Range 26 East, a 222.83 acre parcel of land generally located east of Highway 87 North and west of Plateau Road.

APPLICABLE ZONING HISTORY

None

SURROUNDING LAND USE & ZONING

NORTH: Zoning: Unzoned
Land Use: Residential/Agricultural
SOUTH: Zoning: A-1/ R-150
Land Use: Residential
EAST: Zoning: A-1
Land Use: Agricultural
WEST: Zoning: A-1
Land Use: Agricultural

BACKGROUND

This is a request for a variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a minimum lot area of 7.62 acres in an Agriculture-Open Space zoning district on the West ½ of the West ½ of Lot 1 in Section 2, Township 1 North, Range 26 East, a 10.13 acre parcel of land. The proposed variance is to adjust the boundary line between 2 parcels of land to allow access to Plateau Road.
 
The property located to the west of the subject property currently has no legal and physical access from a public right of way it.  In order for the applicant to proceed with the concurrent application to subdivide the west property, the property must have legal access. The variance request will enable the applicant to complete a lot line relocation via an exempt plat between the subject property and the property to the west to provide the access and move forward with the subdivision. A variance from BMCC 27-308 is required prior to the exempt plat  being filed with Yellowstone County Clerk and Recorders Office. In the event the subdivision is not completed for any reason, the property would still need to have access to the road for any future development of those properties.
 
Staff, at the time of the writing of this report, has not received any comments from surrounding neighbors. The Planning Division has reviewed this variance and is recommending conditional approval based on the review criteria for granting variances.
 

RECOMMENDATION

The Planning Division is forwarding a recommendation of Conditional Approval for Variance #278.
 

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