Variance 1279 - N25th St and 7th Avenue N - The applicant is requesting a variance from Section 27-309 requiring a minimum front setback of 20 feet to allow a 2-foot front setback and from Section 27-309 requiring a minimum side adjacent to street setback of 10 feet to allow an 8-foot side adajcent to street setback in a Residential Professional (RP) zone, on Lots 4-12 and 17-21 of Block 59 Foster’s Addition and Lots 4-11 of Block 269 Billings First Addition, a 1.12 acre parcel of land. The purpose of the variance is to allow the construction of a new medical clinic. Tax IDs: A01966, A01967, A01968, A07375 & A07379. Presented by Karen Husman, Planner I.

Staff recommends conditional approval of the variance.

OWNERS:                            Dialysis Clinic Inc.
AGENT:                                Sanderson Stewart – Pat Davies
PURPOSE:                           To allow a minimum side adjacent to street setback of 8-feet and a front setback of 2-feet.
LEGAL DESCRIPTION:          Lots 4-12 & 17-21 Block 59 Foster’s Addition
ADDRESS:                           SW corner of 7th Ave. W & N 25 St.
EXISTING LAND USE:           Residential & Commercial
PROPOSED LAND USE:       Medical
EXISTING ZONING:               RP

None

Subject Property – None
 
Surrounding Property – There have been 39 variance applications in this subdivision.  Four for building height, two for fence height, five for arterial setbacks, nine for setbacks, two for signs, one for clear vision, one for lot area, one for home occupation (denied), and four for lot size (three denied).

NORTH:   Zoning:      RMF & RP
                  Land Use:  Residential Multi-Family & Single Family & some Commercial
SOUTH:    Zoning:      CBD
                  Land Use:  Commercial
EAST:       Zoning:      RMF
                  Land Use:  Residential Multi-Family & Single Family
WEST:      Zoning:      CC
                  Land Use:  Commercial

The applicant is requesting a variance from Section Section 27-309 requiring a minimum front setback of 20 feet to allow a 2-foot front setback and from Section 27-309 requiring a minimum side adjacent to street setback of 10 feet to allow an 8-foot side adjacent to street setback in a Residential Professional (RP) zone, on Lots 4-12 and 17-21 of Block 59, Foster’s Addition and Lots 4-11 of Block 269, Billings First Addition, a 1.12-acre parcel of land.
 
There have been similar variances approved in this area of Billings.  Variance #329 was conditionally granted in 1982 to allow reduction in a 20-foot setback to zero, and allow an increase from 50% to 83% lot coverage for the Billings Clinic redesign and expansion.  The purpose of this variance request is to allow the construction of a new medical clinic. The variance application is for a proposed dialysis clinic. The applicants have stated they have lead an extensive design effort, and looked at many alternatives to accommodate the requirements for a modern dialysis clinic. As a result, the building layout has been maximized for the program which has limited flexibility to down-size the proposed footprint or split the footprint across multiple stories.  There is an expanded drop-off need to serve patients, and utilizing curb-side drop off is not preferred.  The proposed plan is to provide a covered off-street drop-off area to accommodate all weather conditions and adjacent to the main entrance from off North 25th Street. There will be patient parking within the North 25th Street parcel and staff parking across the alley. 
 
The City Engineering Division had concerns with the clear vision area restrictions as outlined in our City Code.  The developer would be required to provide evidence this would not encroach into the clear vision zone, and a condition of approval has been recommended to reflect this concern.  No other City departments had any concerns.

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.