Variance 1311- 1836 Yellowstone Ave. - The applicant is requesting a variance from Section 27-308 requiring a maximum 30% lot coverage in a Residential – 7000 (R-70) zone to allow 31% on Lot 12, Block 5, Burg Subdivision, 3rd Filing, an 8,400 square foot parcel of land. The purpose of the variance is to allow the construction of a detached garage of 960 square feet (108 sf over the maximum). 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 the summary section of this report.  

OWNERS: Darren Moewes
AGENT: Matt Lee, A-Team Contracting
PURPOSE: To allow 31% lot coverage for a new detached garage
LEGAL DESCRIPTION:  Lot 12, Block 5, Burg Subdivision, 3rd Filing
ADDRESS:  1836 Yellowstone Ave.
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
5205 Cabernet Lane	1275	3/8/18	31% LC	Y
1134 Jordan Circle	1278	4/5/18	31% LC	Y
41 Sunset	1289	11/19/18	33% LC	Y
922 Royal Ave.	1259	5/5/17	39% LC	Y
2215 George	1218	7/2/15	39% LC	Y
145 Alderson Ave	1221	11/5/15	37% LC	Y
617 S 35th St.	1222	11/5/15	45% LC	Y	Var from 40%
3421 Winchell Lane	1154	6/6/13	35% LC	Y
2215 George	1157	7/11/13	38% LC	Y
4182 Bainbridge Circle	1167	11/7/13	31% LC	Y
1014 N 32nd St.	1170	12/5/13	38% LC	Y

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 

The applicant is requesting a variance to allow 31% lot coverage.  The purpose of the variance is to allow the construction of a detached garage of 960 square feet.  There have been similar variances approved in this area of Billings.   The lot coverage variance would allow the applicant to construct a garage 108 square foot over the maximum allowed lot coverage of 30%.   The majority of homes in the subdivision were built in the 1950's, prior to zoning.  There have been similar variances granted within the district for 31% up to 39%, one granted from 40% to 45%.  

The applicant is proposing a new garage structure that exceeds the maximum by 108 square feet.  This detached garage on the alley side of the property would not be out of character for the neighborhood.  

VARIANCE #1311 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;
There are not any special circumstances that exist in this situation other than the applicant wishes to add a new garage.
 
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 subject property is in an older subdivision with most of the homes build in the 1950’s.  There have been similar variances granted for lot coverage within the same district. Denying the variance 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;
The variance for 31% lot coverage will not allow the applicant any special privileges. Similar variances have been granted in the area. 
 
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.
 
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:

1. The variance from 27-308 requiring a lot coverage of 30% ( 2,520 sf) to allow a maximum lot coverage of 31% (2,628 sf) to allow a new detached garage.  No other variance is intended or implied with this approval.
2. The variance is limited to Lot 12, Blk 5, Burg Sub. generally located at 1836 Yellowstone Ave.   
3. The applicant will submit and obtain a building permit for the new garage within 1 year and have it completed within 2 years.
4. Construction or demolition activity will not occur prior to 7 am or after 8 pm daily.
5. The applicant shall meet all other city code requirements for the proposed addition with the exception of this variance.
6. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.    
7. 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 applicant will submit and obtain a building permit within 1 year and have it completed within 2 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 with detached garages are allowed in the R-70 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.