c.
City Board of Adjustment-Virtual Video Conference
- Meeting Date:
- 05/06/2020
- SUBJECT
- Variance 1309- 1017 Wicks Lane
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Variance 1309 - 1017 Wicks Lane -The applicant is requesting a variance from Section 27-602 (a), requiring a minimum 80 foot setback from the centerline of an arterial street in a Residential – 7000 (R-70) zone to allow 60 feet from the arterial street centerline, on C. S. 1462 parcels 1 and 2, C.S. 1463, parcels 1 and 2, and C.S. 13, a combined 3.016 acre parcel of land. The purpose of the variance is to allow the construction of a new home at 60 feet from the arterial street. Presented by: Karen Husman, Planner I
RECOMMENDATION
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.
APPLICATION DATA
OWNERS: Travis McDowell & Trent Parks
AGENT: Trent Parks
PURPOSE: To allow 60 foot centerline arterial setback
LEGAL DESCRIPTION: Tracts 1 & 2, CS 1463, Tracts 1&2, CS 1462, CS 13
ADDRESS: 1017 Wicks Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
AGENT: Trent Parks
PURPOSE: To allow 60 foot centerline arterial setback
LEGAL DESCRIPTION: Tracts 1 & 2, CS 1463, Tracts 1&2, CS 1462, CS 13
ADDRESS: 1017 Wicks Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VAR # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY | |||||
| 2903 and 2910 Reimers Park Dr | 40 | 9/9/1977 | Art. SB 30’ to 15’ | Y | |
| 1905 Poly Dr. | 1207 | 2/4/2015 | Art SB 70’ to 50’ | Y | |
| 3759 Poly Dr. | 1212 | 3/4/2015 | Art. SB 70’ to 65’ | Y |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-70
Land Use: Residential
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
BACKGROUND
This is a variance from Section 27-602 (a), requiring a minimum 80 foot setback from centerline of an arterial street in a Residential – 7000 (R-70) zone to allow 60 feet, on C. S. 1462 parcels 1 and 2, C.S. 1463, parcels 1 and 2, and C.S. 13, a combined 3.016 acre parcel of land. The purpose of the variance is to allow the construction of new residential structures at 60 feet from centerline of Wicks Lane.
There have been two similar variances approved since 2015 in Billings, two on Poly Drive and one was approved in 1977 on Rimrock Road at Reimers Park Drive. The property is in a higher density residential area and although there is not a historic amount of variances granted in the area, there are similar property with multiple units, some attached and some detached, that have been constructed within the arterial setback (less than 80 feet from centerline).
There have been two similar variances approved since 2015 in Billings, two on Poly Drive and one was approved in 1977 on Rimrock Road at Reimers Park Drive. The property is in a higher density residential area and although there is not a historic amount of variances granted in the area, there are similar property with multiple units, some attached and some detached, that have been constructed within the arterial setback (less than 80 feet from centerline).
SUMMARY
VARIANCE 1309 DETERMINATIONS
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;
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;
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;
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;
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 decrease in arterial centerline setback from 80 feet to 60 feet:
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
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 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 that exist which are peculiar to the land that prevent the applicant from conformance with the zoning requirements. The lots are a combined 3.016 acre parcel of land that is ample for the intended use and is bordered on the south by an arterial street, and to the west by the bicycle and pedestrian trail.
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;
The Planning Division discovered 15 residences built within the required arterial setback of Wicks Lane between Hawthorne Lane and Bench Blvd. Most of those structures are between 50 feet and 60 feet of the centerline of Wicks Lane. The BOA has granted three similar arterial setback variances. Denying this variance would deprive the applicant of rights commonly enjoyed by other property owners.
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 the variance would not grant a privilege to the applicant that is not already enjoyed by others in the neighborhood. Staff discovered numerous properties in the area within the required arterial 80 feet to centerline setback for Wicks Lane. The City Engineering Division had no objection to granting the 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;
Granting the variance does not conflict 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 decrease in arterial centerline setback from 80 feet to 60 feet:
1. The variance is to allow a 60-foot setback to the centerline of Wicks Lane for the construction of residential dwellings on the property. No other variance is intended or implied with this approval.
2. The variance is limited to C. S. 1462 parcels 1 and 2, C.S. 1463, parcels 1 and 2, and C.S. 13, a combined 3.016 acre parcel of land generally located at 1017 Wicks Lane.
3. The parcels shall be developed in substantial conformance to the drawings submitted to the Planning Division with this application.
4. No construction activity will be done before 7 a.m. or after 8 p.m. daily.
5. The owner/applicant will submit a Master Site Plan Review application within one year, and building permit application within two years of Board of Adjustment approval for the structures that fall within the arterial setback and complete the construction within five years of BOA approval.
6. Failure to begin or complete the approved actions on the variance will void the approved variance.
7. All construction will require compliance with all other zoning regulations and City ordinances that apply at the time of 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.
2. The variance is limited to C. S. 1462 parcels 1 and 2, C.S. 1463, parcels 1 and 2, and C.S. 13, a combined 3.016 acre parcel of land generally located at 1017 Wicks Lane.
3. The parcels shall be developed in substantial conformance to the drawings submitted to the Planning Division with this application.
4. No construction activity will be done before 7 a.m. or after 8 p.m. daily.
5. The owner/applicant will submit a Master Site Plan Review application within one year, and building permit application within two years of Board of Adjustment approval for the structures that fall within the arterial setback and complete the construction within five years of BOA approval.
6. Failure to begin or complete the approved actions on the variance will void the approved variance.
7. All construction will require compliance with all other zoning regulations and City ordinances that apply at the time of 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
Staff recommends the applicant be required to submit a Master Site Plan Review application within one year, and building permit application within two years of Board of Adjustment approval for the structures that fall within the arterial setback and complete the construction within five years of BOA 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 – single family dwellings are allowed in the R-70 zone.
RECOMMENDATION
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.