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Regular
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| Board of Adjustment | |
| Date: | 04/05/2023 |
| Title: | City Variance 1365- 6410/6412 Southern Bluffs Lane |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1365 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance from Section 27-308, Table 27-300.7 – A.11 (Attached garage location and garage entry location) in an NX2 zone district to allow an attached garage in the front half of the proposed structure and a street front garage entry, on Lot 6, Block 1, Falcon Ridge Estates, 2nd Filing on an 11,402 sf parcel of land.
The purpose of the request is to allow an attached garage in the front half of the proposed structure and a street front garage entry. 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. The applicant is proposing development of a duplex on the property with garages on the same side as the front entrance. The attached site plan shows that each unit in the duplex would have a 2 car garage at the front of the structure facing the street. This layout is compatible with the entire subdivision. The parcel at 6433 Southern Bluffs was also granted a variance from the same requirement (less than one block away from the subject parcel). It would be difficult to accomplish a plan supporting a duplex and a functional rear loading garage on the lot.
Most properties, if not all homes in the subdivision that were constructed under the previous zoning code were constructed with a front loading garage. This is not specifically a reason to support the variance. The currently adopted code intends to change the development pattern in neighborhoods by bringing front doors and eyes on the street as apposed to being garage dominated. However, the proposed layout of the duplex is in character with the already developed subdivision. This parcel is one of the few remaining vacant lots in the subdivision. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area and within this subdivision.
APPLICATION DATA
OWNERS: Kunstruskie, Inc.
AGENT: Meagan Boschert
PURPOSE: Garage located on the street frontage
LEGAL DESCRIPTION: Lot 6, Block1 of Falcon Ridge Estates, 2nd
ADDRESS: 6410/6412 Southern Bluffs Dr.
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential
EXISTING ZONING: NX2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: Nx2
Land Use: Single Family Residential
SOUTH: Zoning: N2
Land Use: Residential Multi Family
EAST: Zoning: N2
Land Use: Residential Multi Family
WEST: Zoning: NX2
Land Use: Residential Multi Family
The purpose of the request is to allow an attached garage in the front half of the proposed structure and a street front garage entry. 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. The applicant is proposing development of a duplex on the property with garages on the same side as the front entrance. The attached site plan shows that each unit in the duplex would have a 2 car garage at the front of the structure facing the street. This layout is compatible with the entire subdivision. The parcel at 6433 Southern Bluffs was also granted a variance from the same requirement (less than one block away from the subject parcel). It would be difficult to accomplish a plan supporting a duplex and a functional rear loading garage on the lot.
Most properties, if not all homes in the subdivision that were constructed under the previous zoning code were constructed with a front loading garage. This is not specifically a reason to support the variance. The currently adopted code intends to change the development pattern in neighborhoods by bringing front doors and eyes on the street as apposed to being garage dominated. However, the proposed layout of the duplex is in character with the already developed subdivision. This parcel is one of the few remaining vacant lots in the subdivision. Denying this request would deprive this applicant of rights commonly enjoyed by other property in the area and within this subdivision.
APPLICATION DATA
OWNERS: Kunstruskie, Inc.
AGENT: Meagan Boschert
PURPOSE: Garage located on the street frontage
LEGAL DESCRIPTION: Lot 6, Block1 of Falcon Ridge Estates, 2nd
ADDRESS: 6410/6412 Southern Bluffs Dr.
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential
EXISTING ZONING: NX2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: Nx2
Land Use: Single Family Residential
SOUTH: Zoning: N2
Land Use: Residential Multi Family
EAST: Zoning: N2
Land Use: Residential Multi Family
WEST: Zoning: NX2
Land Use: Residential Multi Family
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 subject property does not have unique topographic features or circumstances that are relevant in the review of this variance request, however, there may be some design features of the subdivision that creates limitations for rear access. The subdivision in which this lot is located, was developed in whole without an alley system. The size and layout of the lot, coupled with the layout of the proposed building would make it difficult to provide rear loading garages on the property ultimately reducing the infill opportunity of the lot. This lot is one of the last undeveloped lots in the subdivision. The majority of the parcels within the subdivision have been developed and constructed with front loading garages. The granting of this variance would not create a design outcome that is not already prevalent within the subdivision.
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 rear-entry garages. In other words the houses that are existing with front entry garages were developed under old zoning ordinances and were not subject to the location requirement of the currently adopted code. If existing lots were to be re-developed they would need to conform to the same garage location requirement of the currently adopted code and the same requirement in which this applications seeks to vary from. However, lot owners within the subdivision enjoy front-loaded garages. Denying this variance request would prevent this lot from enjoying the same benefit and would create an unusual development pattern not commonly seen, if at all, within the existing development.
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 within the subdivision are now subject to the same zoning district requirements, but because they were developed prior to adoption of the new zoning code, front load garages were allowable. 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 front load garages are the predominant development pattern within the vicinity of this property. The lot is one of the last few undeveloped lots in the subdivision that were not developed before the adoption of Project Re:Code. The applicants design conforms to the existing development pattern and has lessened the impact of front loading the garages by placing no more than 2 garage doors on the street facade. The granting of this variance does not create a compatibility issue with the existing development pattern within the subdivision.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 subject property does not have unique topographic features or circumstances that are relevant in the review of this variance request, however, there may be some design features of the subdivision that creates limitations for rear access. The subdivision in which this lot is located, was developed in whole without an alley system. The size and layout of the lot, coupled with the layout of the proposed building would make it difficult to provide rear loading garages on the property ultimately reducing the infill opportunity of the lot. This lot is one of the last undeveloped lots in the subdivision. The majority of the parcels within the subdivision have been developed and constructed with front loading garages. The granting of this variance would not create a design outcome that is not already prevalent within the subdivision.
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 rear-entry garages. In other words the houses that are existing with front entry garages were developed under old zoning ordinances and were not subject to the location requirement of the currently adopted code. If existing lots were to be re-developed they would need to conform to the same garage location requirement of the currently adopted code and the same requirement in which this applications seeks to vary from. However, lot owners within the subdivision enjoy front-loaded garages. Denying this variance request would prevent this lot from enjoying the same benefit and would create an unusual development pattern not commonly seen, if at all, within the existing development.
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.
Granting of this variance application is most compatible with the following goals of the 2016 Growth Policy:
Strong Neighborhoods:
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Neighborhoods that are safe and attractive and provide essential services are much desired
- A mix of housing types that meet the needs of a diverse population is important
- The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
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 from Section 27-308, Table 27-300.7 – A.11 (Attached garage location and garage entry location) in an NX2 zone district to allow an attached garage in the front half of the proposed structure and one street front garage entry for each unit in the duplex. No other variance is intended or implied.
- The variance is limited to Lot 6, Block 1 of Falcon Ridge Estates, 2nd Filing, at 6410-6412 Southern Bluffs Lane.
- 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. Residential multifamily dwellings are allowed uses in this zone district.