City Variance 1306 - 2200 Block of Overland Ave - Height - A variance from 27-309 requiring a maximum building height of 45 feet to allow 55 feet in a Highway Commercial (HC) zone, on Lot 4B-1, Block 3, Hogan Homestead Subdivision, a 3.5 acre parcel of land. The purpose of the variance is to allow a new four-story hotel. Presented by; Karen Husman, Planner I.

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.  

OWNERS:       Veeder Homestead, LLC
AGENT:           Eric Simonsen, Simonsen Architect
PURPOSE:      To allow 4-story hotel at 55 feet height
LEGAL DESCRIPTION:  Hogan Homestead Sub, Block 3, Lot 4B-1
ADDRESS:  Generally located on 2200 Block of Overland Avenue
EXISTING LAND USE:        Vacant
PROPOSED LAND USE:     Hotel
EXISTING ZONING:             HC

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
5500 Midland Rd.	411	5/29/84	Height 85’	Y	HC
2036 Overland Ave.	470	9/24/85	Height 40’	Y	HC
231 Main St	844	7/5/01	Height 60.5'	Y	CC
4950 Southgate Dr.	884	12/3/02	Height 43’	Y	EGC
4819 Midland Rd.	998	11/9/06	Height 44’	Y	EGC
4770 King Ave. E	1099	6/1/11	Height 57’	Y	EGC
4863 King Ave. W	1140	2/6/13	Height 45’	Y	EGC
5720 S. Frontage Rd.	1148	5/1/13	Height 49’	Y	HC
4700 Blk of King Ave W	1168	11/6/13	Height 45’	Y	EGC

NORTH: Zoning: HC
Land Use: Medical Office Building
SOUTH: Zoning: HC
Land Use: Commercial office
EAST: Zoning: HC
Land Use: Commercial office
WEST: Zoning: HC
Land Use: Commercial office

The applicant is requesting a variance from 27-309  requiring a maximum building height of 45 feet to allow 55 feet in a Highway Commercial (HC) zone, on Lot 4B-1, Block 3, Hogan Homestead Subdivision, a 3.5 acre parcel of land. The purpose of the variance is to allow a new four-story hotel. The proposed zoning for this parcel under Project ReCode is Corridor Mixed Use - 2 (CMU2). The proposed draft regulations have no absolute maximum height in feet but 4-story buildings are allowed by right.

Buildings within 150 feet of the north, south and west boundaries are limited to 45 feet in height. Several building height variances have been granted in similar situations for new commercial or mixed use developments including two in Miller Crossing Subdivision and one in Southgate Subdivision, both near the South Billings Boulevard interchange with Interstate 90. A variance for the Radisson Hotel at Midland Road near the King Ave West interchange was granted in May 1984. This variance allowed the hotel a building height of 84 feet. A variance was granted to the new hotel (La Quinta) on South Frontage Road in May 2013 and allowed a building height of 49 feet for new construction.

DETERMINATIONS FOR Variance 1306
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 physical special circumstances existing on this property creating a hardship that is peculiar to this land or lot.
 
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 are several properties in the area that have been allowed to build taller than the regulations at 27-309 allow by a special provision allowing taller structures for certain types of uses (Section 27-310(f) Height exceptions). A literal interpretation of the zoning regulations for this zone would deprive this owner of similar rights enjoyed by others in the same district.
 
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;
The variance will not allow the applicant any special privileges. Similar buildings are in the immediate vicinity and similar variances have been granted for new construction in similar situations.
 
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 is in harmony with the general purpose and intent of the zoning regulations and the growth policy including the 2016 Growth Policy and the City’s Infill 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 building height variance request:

1. The variance is from Section 27-309  requiring a maximum building height of 45 feet to allow 55 feet in a Highway Commercial (HC) zone, excluding parapets, stair towers, elevator shafts, and similar un-occupied roof top structures.
2. The variance is limited to Lot 4B-1, Block 3, Hogan Homestead Subdivision, a 3.5 acre parcel of land (Tax ID #A24997A).
3. The owner will apply for a building permit within 12 months of Board approval.
4. There will be no construction activity before 7 am or after 8 pm daily.
5. Completion of construction will occur within six years of Board approval.
6. The site plan will be modified to show pedestrian connections from the public sidewalk to the interior sidewalks at not more than 300 feet between connection points.
7. Pedestrian crossings of any drive aisle will have pavement markings and signage to alert drivers.
8. The site plan will be modified to show tree plantings at a maximum spacing of 40 feet on center along both sides of any sidewalk – public or private – except sidewalks and public spaces directly adjacent to buildings.
9. Signage on the property or buildings will not exceed 30 feet above grade.
10. The owner will meet all required building codes, engineering codes and other city codes applicable at the time of Building Permit application.   
11. Failure to begin or complete the actions required by this variance approval will void the variance.
12. 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 Planning staff recommends the building permit be submitted within 12 months of Board approval and the construction completed within six years of Board 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 allowed in the zoning district.  Hotels and motels are allowed in the HC zone.  

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.