f.
City Board of Adjustment
- Meeting Date:
- 07/01/2020
- SUBJECT
- City Variance 1317 - 198 Mountain View Blvd.
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1317 - 198 Mountainview Blvd - The applicant is requesting a variance from 27-310(i) requiring a minimum front setback for a detached garage of 20 feet to allow 0 feet setback from the property line in a Residential-9600 (R-96) zone, on Parcel 39B of Certificate of Survey 575, a 10,790 square foot parcel of land. The purpose of the variance is to allow an existing garage to be reconstructed in the same location. Presented by: Karen Husman, Planner I
RECOMMENDATION
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval based on the determinations provided in the summary section of this memo.
APPLICATION DATA
OWNERS: Lisa Lavinder
AGENT: Cory Hess, Studio 4 Architects
PURPOSE: Detached garage on 0’ property line for existing structure
LEGAL DESCRIPTION: COS 575 parcel 39B
ADDRESS: 198 Mountain View Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same
EXISTING ZONING: R-96
AGENT: Cory Hess, Studio 4 Architects
PURPOSE: Detached garage on 0’ property line for existing structure
LEGAL DESCRIPTION: COS 575 parcel 39B
ADDRESS: 198 Mountain View Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Same
EXISTING ZONING: R-96
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
| 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 | |
| 194 Mountain View Blvd | 908 | 8/2003 | 5’ front yard sb | Yes | Detached Garage |
| 190 Mountain View Blvd | 949 | 9/2004 | 10’ front yard sb | Yes | |
| 78 Mountain View | 1286 | 10/4/18 | 14’ front SB | No | Shed placed in front yard with no permit. |
| 200 Mountain View | None | Attached garage over front sb in ROW | |||
| 218 Mountain View | None | Detached garage half in ROW |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-96
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: Public
Land Use: Parkland
WEST: Zoning: R-96
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: R-96
Land Use: Residential
EAST: Zoning: Public
Land Use: Parkland
WEST: Zoning: R-96
Land Use: Residential
BACKGROUND
The applicant is requesting a variance for a detached garage of 20 feet to allow 0 feet setback from the property line in an R-96 zone. The purpose of the variance is to allow an existing garage to be reconstructed in the same location. The physical limitations of this property include some extremely steep slopes on portions of the property.
The Planning Division has reviewed this variance and determined that because of the physical limitations of the subject property these conditions were unique to this site and warranted approval. In addition, there are other structures in this subdivision that do not meet the front yard setback, but are presumed to be grandfathered in. Also, there have been similar variances granted in this neighborhood and surrounding subdivisions.
The Planning Division has reviewed this variance and determined that because of the physical limitations of the subject property these conditions were unique to this site and warranted approval. In addition, there are other structures in this subdivision that do not meet the front yard setback, but are presumed to be grandfathered in. Also, there have been similar variances granted in this neighborhood and surrounding subdivisions.
SUMMARY
DETERMINATIONS
Variance 1317
The Board of Adjustment, before it grants a variance shall determine:
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;
The subject property does have unique topographic features or circumstances that are relevant in the review of this variance request.
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 have been other variances applied for within the area surrounding and including Panoramic Heights Subdivision (adjacent to Certificate of Survey 575) ; therefore, the granting of this variance would be consistent with limitations placed on other lots in the same zoning 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 granting of this variance will not confer a special privilege since similar variances have been granted in the vicinity of this applicant. There are also at least two other properties on the same street that have garages built over the front property line 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;
Granting of this variance application is compatible with the goals of the City of Billings-Growth Policy as it is supporting a use that is compatible with the neighborhood. Granting this variance should also be in harmony with the general purpose and intent of the Zoning Regulations.
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;
That a building permit shall be applied for within one (1) year of Board of Adjustment approval and complete construction within two (2) years of 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 variance does not grant a use that is not permitted in the district, detached accessory structures are allowed in the R-96 zone.
Variance 1317
The Board of Adjustment, before it grants a variance shall determine:
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;
The subject property does have unique topographic features or circumstances that are relevant in the review of this variance request.
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 have been other variances applied for within the area surrounding and including Panoramic Heights Subdivision (adjacent to Certificate of Survey 575) ; therefore, the granting of this variance would be consistent with limitations placed on other lots in the same zoning 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 granting of this variance will not confer a special privilege since similar variances have been granted in the vicinity of this applicant. There are also at least two other properties on the same street that have garages built over the front property line 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;
Granting of this variance application is compatible with the goals of the City of Billings-Growth Policy as it is supporting a use that is compatible with the neighborhood. Granting this variance should also be in harmony with the general purpose and intent of the Zoning Regulations.
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;
- This approval is to allow a front setback of 0’ for an existing detached structure to remain and to be reconstructed in the same location with an additional space. No other variance is intended or implied.
- The variance is limited to Parcel 29B of COS 575, generally located at 198 Mountain View Blvd.
- The applicant will apply for and receive approval for a building permit within 1 year and complete construction within 2 years of BOA approval. Failure to meet the time limits of this condition will void the variance.
- There will be no construction activities before 7 a.m. or after 8 p.m. daily.
- The applicant shall meet all other city code requirements in place at the time of construction with the exception of this variance.
- 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.
That a building permit shall be applied for within one (1) year of Board of Adjustment approval and complete construction within two (2) years of 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 variance does not grant a use that is not permitted in the district, detached accessory structures are allowed in the R-96 zone.
RECOMMENDATION
Planning staff has reviewed this variance and is forwarding a recommendation a recommendation of approval based on the determinations provided in the summary section of this memo.