Variance 1286- 78 Mountain View Blvd. The applicant is requesting a variance from Section 27-310(i) requiring a minimum front setback of 20 feet for a detached structure to allow a minimum front setback of 14 feet in a Residential 9,600 (R-96) zone on Lot 21 and the North 57 feet of the East 2 feet of Lot 22, Panoramic Heights Subdivision, a 10,414 square foot parcel of land. Presented by Karen Husman, Planner I.

Denial.

OWNERS: John B. Huff
PURPOSE: To allow a minimum front setback of 14 feet for a detached shed
LEGAL DESCRIPTION: Lot 21 and the North 57 feet of the East 2 feet of Lot 22, Panoramic Heights Subdivision
ADDRESS: 78 Mountain View Blvd.
EXISTING LAND USE: Residential 
PROPOSED LAND USE: Residential
EXISTING ZONING: R-9600

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SURROUNDING PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
115 Mountain View Blvd	848	9/2001	10’ front yard sb	Yes	New SFD
194 Mountain View Blvd	908	8/2003	5’ front yard sb	Yes	Detached Garage
190 Mountain View Blvd	948	9/2004	10’ front yard sb	Yes	New SFD

NORTH:   Zoning:      Public
                  Land Use:  Parkland
SOUTH:    Zoning:      R-96
                  Land Use:  Residential
EAST:       Zoning:      R-96
                  Land Use:  Residential
WEST:      Zoning:      R-96
                  Land Use:  Residential

This application is a request for a variance from Section 27-310(i) requiring a minimum front setback of 20 feet for a detached structure to allow a minimum front setback of 14 feet in a Residential 9,600 (R-96) zone on Lot 21 and the North 57 feet of the East 2 feet of Lot 22, Panoramic Heights Subdivision, a 10,414 square foot parcel of land. The City Code Enforcement Division received a complaint about the 10’x10’ shed in the front yard of the subject property. The rear of the shed faces the street and the shed is within the 20-foot front setback.
 
There have been variances approved in this area of Billings for front setbacks.  Variance #908 was approved in 2003 for a 5-foot front setback for a new detached garage in the area. There have not been any variances for small sheds. There are circumstances peculiar to the land that may cause some hardship in terms of limitations on the locations on the property that a shed may be located. However, there appears to be sufficient space to locate the shed in the front yard but at the required 20-foot setback. There is room in the rear yard for a shed, but the applicant chose a prebuilt shed that could not be moved to the rear yard.

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