|
Regular
|
| Board of Adjustment | |
| Date: | 03/01/2023 |
| Title: | City Variance 1362- 807 Bench Blvd & Yellowstone River Rd |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1362 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-406, Table 27-400-3, A3 (Minimum Front Lot Line Coverage), and A4 (Maximum Front Build-to Zone), in a CMU2 zone, for proposed Lot 3A1 of Brittain Acres, a 1.869 acre parcel of land. The variance would allow a greater setback than the maximum allowed and less than the minimum front lot line coverage to accommodate a new commercial structure and a sewer line easement that crosses the street frontage of the parcel. Tax ID: C00163 (east 228 feet)
The purpose of the request is to allow development of the parcel principal structure at approximately 38 feet from the front property line and allow less than 50% of the front lot line coverage. Planning staff is recommending approval based on the findings of the review criteria for granting a variance which are provided in the summary section of this report. Although the current access is allowed from Bench Blvd as it is addressed, the applicant will be submitting an application for an exempt plat to relocate lot lines as depicted on the attached proposed Brittain acres amended plat, as well as the detailed site plan. The amendment will change the property right of way frontage to Yellowstone River Road. Currently, there is an existing paved private shared access from Yellowstone River Rd. to Bench Blvd. The applicant is proposing development of the parcel, however, the lot has a 10 foot wide sewer service easement located approximately 27 feet from the proposed front property line adjacent to Yellowstone River Road.
APPLICATION DATA
OWNERS: Fleury Properties, LLC
AGENT: Taylor Kasperick, Performance Engineering
PURPOSE: To relieve build to zone and front lot line coverage requirements
LEGAL DESCRIPTION: Proposed Lot 3A1 of Brittain Acres, sub amended
ADDRESS: 807 Bench Blvd.
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Commercial
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: RMH
Land Use: Mobile Home Park
SOUTH: Zoning: CMU1
Land Use: Residential multi family
EAST: Zoning: CMU2
Land Use: Econo Glass company
WEST: Zoning: CMU1
Land Use: Guinanes Garden center
The purpose of the request is to allow development of the parcel principal structure at approximately 38 feet from the front property line and allow less than 50% of the front lot line coverage. Planning staff is recommending approval based on the findings of the review criteria for granting a variance which are provided in the summary section of this report. Although the current access is allowed from Bench Blvd as it is addressed, the applicant will be submitting an application for an exempt plat to relocate lot lines as depicted on the attached proposed Brittain acres amended plat, as well as the detailed site plan. The amendment will change the property right of way frontage to Yellowstone River Road. Currently, there is an existing paved private shared access from Yellowstone River Rd. to Bench Blvd. The applicant is proposing development of the parcel, however, the lot has a 10 foot wide sewer service easement located approximately 27 feet from the proposed front property line adjacent to Yellowstone River Road.
APPLICATION DATA
OWNERS: Fleury Properties, LLC
AGENT: Taylor Kasperick, Performance Engineering
PURPOSE: To relieve build to zone and front lot line coverage requirements
LEGAL DESCRIPTION: Proposed Lot 3A1 of Brittain Acres, sub amended
ADDRESS: 807 Bench Blvd.
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Commercial
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: RMH
Land Use: Mobile Home Park
SOUTH: Zoning: CMU1
Land Use: Residential multi family
EAST: Zoning: CMU2
Land Use: Econo Glass company
WEST: Zoning: CMU1
Land Use: Guinanes Garden center
STAKEHOLDERS
Planning staff has not received any comment from the surrounding property owners as of the date of this report. The Board of Adjustment will hold a public hearing prior to taking action on the item.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve the requested variance and adopt the recommended findings of the review criteria; or
- Deny the variance and adopt different findings of the review criteria; or
- Delay action on the variance to the next scheduled Board meeting; or
- Allow the applicant to withdraw.
FISCAL EFFECTS
The Planning Division budget will not be effected by the Board's decision on this variance.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
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 property is subject to physical constraints of a 10 foot wide sewer service easement located about 27 feet from the property line adjacent to Yellowstone River Road that will be the front property line for this parcel. The location of this easement makes developing on this parcel difficult under the constraints of the CMU2 site development restrictions.
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 subdivision in which this lot is located was developed prior to the adoption of the new zoning districts that require a specific build to zone and 50% front lot line coverage. In other words, the existing structures in the area, specifically the adjacent lots to the east and west, developed under old zoning ordinances and were not subject to the location requirements of the currently adopted code. If existing lots were to be re-developed they would need to conform to the same location and building siting requirement of the currently adopted code and the same requirement in which this application seeks to vary from. In order to meet the build to and 50% lot line coverage, they would have to build over the existing sewer easement which is not recommended due to access needed to the easement. Denying this variance request would prevent this lot from enjoying the same benefit and would create an unusual development pattern not commonly seen in the area, the area surrounding was developed prior to the new code restrictions. This parcel is considered an infill parcel and development is encouraged under the code and the Growth policy.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to criteria two, the lots in this area are now subject to the new zoning district requirements, but because they were developed prior to adoption of the new zoning code, there are parcels developed similar to the proposed plan for this parcel. Any redevelopment would need to be in conformance with the new district requirements. The granting of this variance will not confer a special privilege since there are other similar developed parcels in the vicinity of this property. The lot is an infill parcel not developed before the adoption of Project Re:Code. The applicants design conforms to the existing development pattern specifically the adjacent commercial parcel to the east and the residential parcels west along Bench Blvd., but also others in this area of the Billings Heights. The granting of this variance does not create a compatibility issue with the existing development pattern in this area.Section 27-1627.D
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 property is subject to physical constraints of a 10 foot wide sewer service easement located about 27 feet from the property line adjacent to Yellowstone River Road that will be the front property line for this parcel. The location of this easement makes developing on this parcel difficult under the constraints of the CMU2 site development restrictions.
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 subdivision in which this lot is located was developed prior to the adoption of the new zoning districts that require a specific build to zone and 50% front lot line coverage. In other words, the existing structures in the area, specifically the adjacent lots to the east and west, developed under old zoning ordinances and were not subject to the location requirements of the currently adopted code. If existing lots were to be re-developed they would need to conform to the same location and building siting requirement of the currently adopted code and the same requirement in which this application seeks to vary from. In order to meet the build to and 50% lot line coverage, they would have to build over the existing sewer easement which is not recommended due to access needed to the easement. Denying this variance request would prevent this lot from enjoying the same benefit and would create an unusual development pattern not commonly seen in the area, the area surrounding was developed prior to the new code restrictions. This parcel is considered an infill parcel and development is encouraged under the code and the Growth policy.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code 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 zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. The application is supported by the City Growth Policy guidelines and the Infill Policy (2011). The Growth Policy guidelines support new developments that support existing investments in infrastructure, stabilize and grow the city's tax base. The zoning regulations were also adopted to recognize that not all regulations can apply everywhere in all circumstances especially when geography and topography and other lot specific restrictions create hardships. The intent of the zoning regulations is also to recognize when these site hardships occur and to grant variances from strict adherence to the code requirements.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code; Staff is recommending several conditions for the variance request:
- This approval is to allow a variance request from Section 27-406, Table 27-400-3, A3 (Minimum Front Lot Line Coverage) to allow less than 50% front lot line coverage, and A4 (Maximum Front Build-to Zone) to allow a maximum setback of 40 feet from the front property line on Yellowstone River Road, in a CMU2 zone. No other variance is intended or implied.
- The variance is limited to the proposed Lot 3A1 of Brittain Acres.
- The applicant will apply for and receive approval for a building permit within 1 year and complete construction within 3 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 except for the variance granted herein.
- 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, leaseholders, heirs and assigns.
Staff is recommending the applicant receive approval for a building permit within one year and complete construction within three years of BOA approval.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Specific uses as stated under the CMU2 zone district per BMCC 27-1000 are permitted, uses not listed within the district parameters will be allowed.