County Variance 299 – 335 S 48th St W – Lot Area - A variance from Yellowstone County Zoning Regulations Section 27-903.A – Table 27-900.1 requiring a minimum lot area of 10 acres in an Agriculture (A) zone, to allow a lot area of 2.37 acres. The variance of lot size is requested for property currently legally described as Tract 1 of C/S 2142 in Section 10, Township 1 south, Range 25 east, a 10 acre parcel of land. The variance is requested to allow a boundary relocation between two parcels in the same ownership, both zoned Agriculture. Tax ID: D00485A

Commissioner District 1, Planners: Karen Husman and Tate Johnson

 

Planning staff has reviewed this application and is forwarding a recommendation of denial based on the determinations for review within this report and the criteria outlined in Yellowstone County Zoning Regulations Section 27-1626.D.
 

OWNER: Staley Family Trust
AGENT: Performance Engineering
LEGAL DESCRIPTION: S10, T01 S, R25 E, C.O.S. 2142, PARCEL 1, AMD
ADDRESS: 335 S 48th St W
CURRENT ZONING: A - Agriculture 10 Acres and Over
EXISTING LAND USE: Residential and Agriculture
PROPOSED USE: Residential
SIZE OF PARCEL: 10.00 Acres

None

The original Certificate of Survey 2142 was recorded in August 1982, platting the lot as 10.003 acres. An amendment Certificate of Survey was recorded in February 1995, which platted the lot size as 10 acres. Since then, no further amendments to this certificate of survey have been recorded.

In June 2017, the Yellowstone County Board of Planning and Staff began work on Project ReCode, which directed a comprehensive update of the zoning codes. As part of this process, both the City and County revised their zoning maps to reflect the new zoning districts, which were based on land use and lot size. Given the lot's agricultural use and its size of 10 acres, the parcel was designated as Agriculture – 10 acres or more. This designation aligned with the property's zoning designation as Agriculture Open in the former zoning code. 

In December 2023, a Perpetual Right of Way Easement encompassing 0.785 acres was recorded. The easement does not detract from the parcel's size, nor is it considered right of way as there was no warranty deed associated with the easement area. The parcel remains 10 acres.

NORTH:	Zoning: A- Agriculture Land Use: Agriculture
SOUTH:	Zoning: RR1 Land Use: Residential
EAST:	Zoning: A- Agriculture Land Use: Agriculture
WEST:	Zoning: A- Agriculture Land Use: Agriculture

This is a request for a variance from YC 27-903.A – Table 27-900.1, which requires a minimum lot area of 10 acres in an Agriculture (A) zone, to allow a lot area of 2.37 acres. The property owners have requested this variance to allow for the filing of a boundary relocation between two parcels in the same ownership, both zoned Agriculture. The project would relocate the boundary lines of the adjacent parcel from the middle of the surrounding fields closer to the edge of the developed property around the home situated on the current tract.

The applicant's letter lists hardships of cost for a rezoning, the property currently not meeting the minimum acreage requirement for agriculture currently, and the future development on the adjacent fields will need to be rezoned during subdivision. Please see the enclosed applicant's letter and 'Application Data' section of this document for parcel sizing. 


 

The Board of Adjustment shall make the following determinations prior to granting a variance:

Per Yellowstone County Zoning Code Section 27-1626(D); 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;

The property in question does not present inherent characteristics or conditions that are different from other lands in the same Agricultural (A) district. The hardship claimed by the applicant — stemming from the need to relocate boundary lines and reduce the lot size—reflects a standard zoning requirement rather than a specific condition of the land itself. The applicant states that the requirement to go through a full County Zone Change process would cost in excess of $10,000 and take months to complete, including that the cost for a single-family home that currently exists is financially burdensome and unnecessary.  YC Section 27-1626 specifies that variances are granted ‘because of special conditions with respect to the lot shape or topography, a literal enforcement of the provisions of the Code would result in unnecessary hardship.’ Financial hardship is not considered an unnecessary hardship inherent to the land. 

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;

Denial of this variance would not deprive the applicant rights that are commonly enjoyed by other tracts in the same district. The minimum lot size of 10 acres is a standard requirement in the Agricultural (A) district, designed to support agricultural functions and preserve land integrity. Allowing a variance to reduce the lot size to 2.37 acres would not deprive the applicant with rights that are already enjoyed by other similarly zoned tracts but rather would introduce a new level of non-conformity not in line with the district’s established standards. Granting the variance would confer on the applicants a special privilege that is denied to other land in the 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 zoning regulations mandate a minimum lot size of 10 acres in the Agricultural (A) district to ensure the preservation and effective use of agricultural lands. Allowing a reduction to 2.37 acres through this variance would confer a special privilege for the applicant that is inconsistent with the standard requirements applied to other properties in the district.

Staff is aware of nearby parcels that are also under 10 acres and zoned Agriculture in the adjacent Hubbell Acreage Tracts Subdivision. However, these lots were platted in 1959 and have not undergone any amendments since platting.

Although several variances have been approved in Yellowstone County for lots less than 10 acres in the Agriculture district, the circumstances of those variances are not similar to the one requested. County Variance 273 was approved in 2015 to allow for a boundary relocation in the Agriculture district, resulting in 8.365-acre and 3.290-acre lots. However, this lot had peculiar circumstances due to the shape and layout of the lots. Similarly, County Variance 278 was approved to allow a boundary line relocation resulting in a 7.62-acre lot zoned Agriculture. This lot also had peculiar circumstances, as the boundary relocation provided easier access to an adjacent subdivision to the west of the parcel.

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 would not align with the general purpose and intent of the zoning regulations and the Growth Policy. The Agricultural (A) district is defined as: ‘The Agricultural (A) district is intended to protect and preserve agricultural lands for the performance of a wide range of agricultural functions. The intent is to limit the scattered intrusion of uses not compatible with an agricultural environment, encourage agricultural pursuits, and protect environmental concerns.’ 

The requested variance would compromise these objectives by increasing the non-conforming lot size within an area designated for agricultural use. The intent of the Agricultural district excludes suburban residential uses to maintain its focus on agricultural preservation. This reduction could potentially disrupt the agricultural integrity of the zone and conflict with the overarching goals of the Growth Policy and Zoning Regulations.

Per Section 27-1626 (E): The following also apply:

1. Whenever the County Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.

2. In granting any variance, the BOA 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 has no conditions with a recommendation of denial, however if the variance is approved, staff has the following draft conditions prepared.

1. The variance is from YC 27-903.A – Table 27-900.1 requiring a minimum lot area of 10 acres in an Agriculture (A) zone, to allow a lot area of 2.37 acres, for Tract 1, C/S 2142 in Section 10, T1S, R25E, a 9.54-acre parcel of land. The variance is to allow a boundary relocation between two parcels in the same ownership, both zoned Agriculture. No other variance is intended or implied with this approval.
2. The variance is limited to S10, T01 S, R25 E, C.O.S. 2142, PARCEL 1, AMD.
3. The applicants will complete construction within one year of BOA approval.
4. The applicant shall meet all other state and county code requirements with the exception of this variance.
5. 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.

3. The BOA 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.

No time frame is required with a recommendation of denial. If the Board chooses to approve the variance request, the recommended time limit is identified above in criteria number 2 as item number 3 which requires one year to complete the relocation.

4. Under no circumstances shall the BOA 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.

Approval of this variance will not allow a use that is restricted under the terms of this chapter. The "use" itself of residential is allowed in the district.