Variance 1293- 4302 Ryan - The applicant is requesting a variance from Section 27-308 requiring a maximum of 30% lot coverage to allow 36% lot coverage for the existing structure and a proposed addition in a Residential -7000 (R-70) zone, on Block 4, Lot 11 of Orchard Lane Subdivision, a 6,600 square foot parcel of land. The purpose of the variance is to allow the existing structures currently at 33% and constrcution of a new proposed additional living space of 221 square feet. Presented by; Karen Husman, Planner I

Staff recommends conditional approval of the variance.

OWNERS: Jacquelyn Kelly
PURPOSE:  To allow a new addition to the existing home
LEGAL DESCRIPTION: Block 4, Lot 11 of Orchard Lane Subdivision
ADDRESS:  4302 Ryan Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70 

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
4234 Phillips	1014	Sept 5, 2007	34% Lot Coverage	Yes - 5194sf	removal of existing shed required
618 Hallowell			34%	5899sf lot	No Variance on file
4352 Ryan			33%	6480sf lot	No Variance on file
4210 Phillip			37%	5194sf lot	No Variance on file
4206 Phillip			43%	5194sf lot	No Variance on file
4336 Ryan			50%	6480sf lot	No Variance on file
4303 Stone			32%	6248sf lot	No Variance on file
4308 Murphy			43%	6233sf lot	No Variance on file
655 Orchard			38%	6468sf lot	No Variance on file
603 Stephensen			32%	5980sf lot	No Variance on file

NORTH: Zoning: R-70
Land Use: Residential 
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: Public
Land Use:Park
WEST: Zoning: R-70
Land Use: Residential

This is a variance request from Section 27-308 requiring a maximum of 30% lot coverage to allow 36% for the existing structure and a proposed addition in a Residential -7000 (R-70) zone, on Block 4, Lot 11 of Orchard Lane Subdivision, a 6,600 square foot parcel of land. The purpose of the variance is to allow the existing structures currently at 33% and construction of a new proposed additional living space of 221 square feet.
 
The majority of lots in the area are zoned R-70 but have less than 7,000 square feet in lot area. Orchard Lane Subdivision, 2nd Filing was filed in 1954 and this home was built in 1955. Orchard Lane Subdivision was annexed to the city limits in 1964 and the current zoning was applied in 1972. Most of the surrounding lots were developed before the current 1972 zoning regulations existed. Staff found many other developed properties over the lot coverage limitation of 30%. The request is to allow the existing structure and a proposed addition to the home. There are similar properties in the subdivision and in adjacent neighborhoods.  Staff has found one similar variance in the subdivision and several similar properties that have not obtained variances but are over lot coverage.
 
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. 

The Board of Adjustment shall make the following determinations prior to granting a variance:
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;
There are no special conditions or circumstances with the land that create a hardship. The applicant is requesting this variance in order to have additional living space for a growing family. The structures are currently at 33% lot coverage according to the Yellowstone County Tax record. This would add another 3% lot coverage for a total lot coverage of 36%. Approval of the variance would bring the property into compliance with the current zoning regulations.  
 
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;
There is one other lot coverage variance of record in the area. There are several other properties over the maximum allowed lot coverage in the district without variances. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights enjoyed by other tracts in the same district; therefore, allowing the applicant a variance to increase the lot coverage to 36% would not deprive the applicant of these rights.
 
3.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Granting this variance for 36% lot coverage on this property would not be granting a special privilege to this owner. Other lot coverage variances have been granted and other property in the neighborhood are over the 30% maximum without the benefit of a variance.   
 
4.   That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance approval is in harmony with the general purpose and intent of the zoning regulations and the growth policy.
 
5.   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. 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 Chapter;
Staff is recommending the following conditions for the variance request;

1. The variance from 27-308 requiring a maximum lot coverage of 30% to allow a maximum lot coverage of 36% based on the lot area of 6,600 square feet. No other variance is intended or implied with this approval.
2. The variance is limited to Lot 11, Block 4, Orchard Lane Subdivision, 2nd filing, generally located at 4302 Ryan Ave.
3. The applicant will submit a building permit application within six months of Board approval.
4. Construction will be completed within eighteen months of variance approval.
5. There will be no construction activity before 7 am or after 8 pm.
6. Failure to start or complete actions required in this approval will void the variance.
7. Any future construction or re-construction of the existing structure will require compliance with all other zoning regulations and city ordinances that apply at the time of construction or re-construction.
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.

6.   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; and
The property owner shall apply for a building permit to construct within 6 months of Board approval and complete the construction within 18 months of building permit approval.  
 
7.    Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not already allowed in the zoning district – R-70 zoning allows residential additions.   
 

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.