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 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. The purpose of the variance is to allow the construction of a new medical clinic. Tax IDs: A01966, A01967, A01968, A07375 & A07379.

The Board of Adjustment held a public hearing on April 4, 2018, for Variance 1279 and voted 2-3 on a motion to approve the variance application based on the determinations by staff with the conditions recommended. The motion failed.  At its meeting of May 2, 2018, the BOA voted to reconsider the motion at its meeting on June 6, 2018. 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	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
609 N 26th  St	NONE
SURROUNDING PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
801 N 29th St.	129   329	3/29/77   9/28/82	Side Setback & lot coverage Front Setback & lot coverage	Yes   Yes	New Construction   New Construction
611 N. 27th St.	239	1/8/80	Front setback reduction to 0’	Yes	New Construction
Block 57, lots 9-12 Fosters Add.	266	9/30/80	Front Setback & Height	Yes	New Construction
Block 41, lots 1-3 Fosters Add	298	7/26/83	Height, Front Setback, Arterial Setback	Yes	New Construction
703 N 29th St.	375	10/25/83	Lot size, All setbacks & Lot Cov.	No	New Construction
2413 9th Ave N	525	4/87	Side & rear setbacks	Yes	New construction
Block 59, Lot 5 Fosters Add	604	9/27/83	Side Setback	No	New Construction
824 N 25th St.	662	4/7/92	Side Adjacent to street	Yes	New Construction
1127 N 25th St	680	9/92	Side setback	Yes	New construction
Block 59 Lots 13-21 Fosters Add	933	6/1/04	Clear Vision area, Side Adjacent to St Setback	Yes	New Construction
820 N. 31st St.	1176	2/5/14	Side Adj to Str. Setback, Fence height, land contrary to zoning	Yes	New Construction

 

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 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. The purpose of the variance is to allow the construction of a new medical clinic.

The Board of Adjustment held a public hearing on April 4, 2018, for Variance 1279 and voted 2-3 on a motion to approve the variance application based on the determinations by staff with the conditions recommended. The motion failed.  At its meeting of May 2, 2018, the BOA voted to reconsider the motion at its meeting on June 6, 2018.
 
There have been similar variances approved in this area of Billings.  Variance #933 was conditionally approved for Block 59, lots 4-21 of Fosters Addition, in 2004, to allow 1’6” encroachment into the clear vision area and 5’ side adjacent to street setback.  This variance was granted for lots 13-21 located on the corner of North 25^th Street and 7^th Avenue North.  Additionally, there have been eight other similar variances granted in this subdivision.
 
This variance application is for a proposed dialysis clinic. The applicant has 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 that is all weather and adjacent to the main entrance from off North 25^th Street.  There will be patient parking within the North 25^th 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.