|
Regular
|
| Board of Adjustment | |
| Date: | 01/08/2025 |
| Title: | City Variance 1377 - 2151 Lake Hills |
| Presented by: | Tate Johnson, Planner 1 |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of the variance request from Section 27-1002.C and Section 27-1803 requiring an accessory use (private garage area) to be subordinate to a principal use (a dwelling) in terms of gross floor area (GFA) to allow a new building with 2,697 sf GFA of garage space and 1,805 sf GFA of living space in a Suburban Neighborhood Residential (N3) zone.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from zoning requirements that an accessory use (private garage area) must be subordinate to a principal use (a dwelling) in terms of gross floor area to allow a new building with 2,697 sf GFA of garage space and 1,805 sf GFA of dwelling. The purpose of this variance is to allow a dwelling with an attached garage to be completed. The building permit for the house and garage did not meet the zoning regulations when it was submitted by the builder and the Planning Division staff approved the building permit in error.
The N3: Suburban neighborhood residential zone district is a zoning district intended for residential neighborhoods primarily with single-family homes. Characteristics include wide lots and attached garages typically located on the front building façade, often greater than thirty-five (35) percent of the façade. The lot is 18,463 square feet with a proposed 1,805 square feet of living space with a 2,697 square-foot attached garage. This configuration results in the principal use as a dwelling being subordinate to the accessory use of the private garage. The living area is still a substantial living space with three (3) bedrooms, two (2) full bathrooms, kitchen, dining, living room, etc. Aside from this issue, the proposed site plan complies fully with all other zoning requirements for the N3 district, including lot coverage, setbacks, and façade standards.
The Board of Adjustment (Board) has previously granted variances for oversized, detached garages; however, the Board has not reviewed a variance for an oversized, attached garage. The previous approved variances allowed for the total accessory structure square footage on the lot to exceed the principal structure. However, staff is aware of various properties both in the city and within the Lake Hills Subdivision where the garage square footage exceeds the first floor GFA. Five (5) homes were identified in Lake Hills Subdivision (2241 Clubhouse Way, 2228 Gleneagles Blvd, 587 Winged Foot Dr, 100 Lakewood Cir, and 1619 Broadmoor Dr) and three (3) homes were identified in neighboring High Sierra Subdivision (2463 Bonito Loop, 2425 Cielo Cir, and 2478 Greenbriar Rd.). Please see attached location map.
The N3: Suburban neighborhood residential zone district is a zoning district intended for residential neighborhoods primarily with single-family homes. Characteristics include wide lots and attached garages typically located on the front building façade, often greater than thirty-five (35) percent of the façade. The lot is 18,463 square feet with a proposed 1,805 square feet of living space with a 2,697 square-foot attached garage. This configuration results in the principal use as a dwelling being subordinate to the accessory use of the private garage. The living area is still a substantial living space with three (3) bedrooms, two (2) full bathrooms, kitchen, dining, living room, etc. Aside from this issue, the proposed site plan complies fully with all other zoning requirements for the N3 district, including lot coverage, setbacks, and façade standards.
The Board of Adjustment (Board) has previously granted variances for oversized, detached garages; however, the Board has not reviewed a variance for an oversized, attached garage. The previous approved variances allowed for the total accessory structure square footage on the lot to exceed the principal structure. However, staff is aware of various properties both in the city and within the Lake Hills Subdivision where the garage square footage exceeds the first floor GFA. Five (5) homes were identified in Lake Hills Subdivision (2241 Clubhouse Way, 2228 Gleneagles Blvd, 587 Winged Foot Dr, 100 Lakewood Cir, and 1619 Broadmoor Dr) and three (3) homes were identified in neighboring High Sierra Subdivision (2463 Bonito Loop, 2425 Cielo Cir, and 2478 Greenbriar Rd.). Please see attached location map.
STAKEHOLDERS
Planning staff notified the surrounding property owners by mail, placed a legal advertisement in the Yellowstone County News, and posted the property with the required sign. The application was also posted on our web page for current zoning applications. No comments from any surrounding owners were received by staff prior to the completion of this report.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve the requested variance and adopt the proposed findings of fact for the review criteria as recommended by the Planning staff; or
- Approve the requested variance with different or added conditions, or no conditions; or
- Deny the requested variance and amend the findings of fact for the criteria; or
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
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.
In this case, there are no inherent land characteristics that would result in hardship. However, a building permit for the structure was in non-compliance with the zoning regulations when it was submitted by the builder and was mistakenly approved by planning staff, leading the property owner to proceed with the assumption that the plans met zoning requirements. The non-compliant plans submittal and the administrative error has caused hardship for the owner, as redesigning or altering the structure at this stage would lead to significant delays. The situation is unique to this lot due to the specific incorrect plans submitted and the administrative oversight. These circumstances do not generally apply to other properties within the same zoning district, making this request an exceptional and isolated case. The conditions unique to this parcel create a difficulty that justifies the need for a variance, allowing the property owner to complete the project as originally submitted and approved.
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 applicant relied in good faith on the incorrect building permit submittal from the builder and the erroneous approval of the building permit by planning staff, leading the builder to commence construction without verifying the requirements and under the assumption of compliance. Enforcing a literal interpretation of the zoning provisions at this stage would impose a significant and inequitable burden on the applicant who acted based on builder plans and official approval. Planning Staff identified other properties, both within the city and specifically in the Lake Hills Subdivision, that have been developed with homes where the garage exceeds the size of the living space. These identified properties demonstrate that such configurations are not unprecedented and are able to exist within the district's character. The applicant should not be penalized for a builder and administrative error beyond their control, particularly when the development generally aligns with the established patterns and character of the surrounding neighborhood.
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.
Granting the requested variance will not confer on the applicant any special privilege that is denied by the zoning code to other properties in the same district.
There are at least 10 other identified properties within the city, including some in the Lake Hills Subdivision, where garages exceed the size of the living space. These examples demonstrate that such configurations are not unique or uncommon in the district bit they are still not compliant with current regulations.
Additionally, the applicant relied in good faith on the submittal of the builder and the erroneous approval of the building permit by planning staff, which led to the start of construction. Approving this variance simply ensures equitable treatment of the applicant, aligning their property with others that have been allowed to proceed with comparable developments. Staff is recommending conditions of approval to ensure the home is also aesthetically pleasing to the neighboring properties. The variance upholds fairness without granting any undue privilege, as the proposed development is consistent with the district’s residential character and use.
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 the variance will fit with the overall purpose of the 2021 Zoning Code and the 2016 Growth Policy. The 2021 Zoning Code states the N3 District is intended for residential neighborhoods primarily with single-family homes. Characteristics include wide lots and attached garages typically located on the front building façade, often greater than thirty-five (35) percent of the façade. Approval of this variance is in line with the general purpose of the N3 district, by allowing the construction of a single-family home with an attached garage. The 2016 Growth Policy focuses on making strong neighborhoods, keeping use of land and neighborhoods intact. This project achieves consistency with the neighborhood by aligning with other homes in the area, some of which already feature garages larger than their living spaces.
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 the following conditions for the approval of this variance request.
Staff is recommending conditions of approval that include time limits to begin the amendment to the existing permit and complete the project.
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.
Granting this variance would not allow a use that is not allowed in the district. Residential single family homes with attached garages are allowed in the N3 district.
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.
In this case, there are no inherent land characteristics that would result in hardship. However, a building permit for the structure was in non-compliance with the zoning regulations when it was submitted by the builder and was mistakenly approved by planning staff, leading the property owner to proceed with the assumption that the plans met zoning requirements. The non-compliant plans submittal and the administrative error has caused hardship for the owner, as redesigning or altering the structure at this stage would lead to significant delays. The situation is unique to this lot due to the specific incorrect plans submitted and the administrative oversight. These circumstances do not generally apply to other properties within the same zoning district, making this request an exceptional and isolated case. The conditions unique to this parcel create a difficulty that justifies the need for a variance, allowing the property owner to complete the project as originally submitted and approved.
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 applicant relied in good faith on the incorrect building permit submittal from the builder and the erroneous approval of the building permit by planning staff, leading the builder to commence construction without verifying the requirements and under the assumption of compliance. Enforcing a literal interpretation of the zoning provisions at this stage would impose a significant and inequitable burden on the applicant who acted based on builder plans and official approval. Planning Staff identified other properties, both within the city and specifically in the Lake Hills Subdivision, that have been developed with homes where the garage exceeds the size of the living space. These identified properties demonstrate that such configurations are not unprecedented and are able to exist within the district's character. The applicant should not be penalized for a builder and administrative error beyond their control, particularly when the development generally aligns with the established patterns and character of the surrounding neighborhood.
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.
Granting the requested variance will not confer on the applicant any special privilege that is denied by the zoning code to other properties in the same district.
There are at least 10 other identified properties within the city, including some in the Lake Hills Subdivision, where garages exceed the size of the living space. These examples demonstrate that such configurations are not unique or uncommon in the district bit they are still not compliant with current regulations.
Additionally, the applicant relied in good faith on the submittal of the builder and the erroneous approval of the building permit by planning staff, which led to the start of construction. Approving this variance simply ensures equitable treatment of the applicant, aligning their property with others that have been allowed to proceed with comparable developments. Staff is recommending conditions of approval to ensure the home is also aesthetically pleasing to the neighboring properties. The variance upholds fairness without granting any undue privilege, as the proposed development is consistent with the district’s residential character and use.
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 the variance will fit with the overall purpose of the 2021 Zoning Code and the 2016 Growth Policy. The 2021 Zoning Code states the N3 District is intended for residential neighborhoods primarily with single-family homes. Characteristics include wide lots and attached garages typically located on the front building façade, often greater than thirty-five (35) percent of the façade. Approval of this variance is in line with the general purpose of the N3 district, by allowing the construction of a single-family home with an attached garage. The 2016 Growth Policy focuses on making strong neighborhoods, keeping use of land and neighborhoods intact. This project achieves consistency with the neighborhood by aligning with other homes in the area, some of which already feature garages larger than their living spaces.
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 the following conditions for the approval of this variance request.
- The variance is to allow an accessory use (private garage area) to not be subordinate to a principal use (a dwelling) in terms of gross floor area to allow a new building with 2,697 sf GFA of garage space and 1,805 sf GFA of dwelling space in a Suburban Neighborhood Residential (N3) zone. No other variance is intended or implied.
- This variance is limited to Lot 6, Block 16 of Lake Hills Subdivision 16th Filing, known as 2151 Lake Hills Dr.
- To maintain the residential character of the district, the building plans shall be amended to include the addition of no less than three (3) windows along the east elevation of the garage.
- The applicant shall complete the building permit process to amend the existing permit within one year of Board approval and complete the project within two years of Board approval.
- Any structures not shown on this approved site plan will comply with all zoning regulations and other city regulations in place at the time of development.
- All other zoning regulations, except for this specific variance, and any other applicable city regulations apply to the development of the site.
- Failure to begin or complete actions required by this approval within the time limits set forth shall void 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.
Staff is recommending conditions of approval that include time limits to begin the amendment to the existing permit and complete the project.
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.
Granting this variance would not allow a use that is not allowed in the district. Residential single family homes with attached garages are allowed in the N3 district.
Attachments
- Zoning Map & Site Photos
- Application
- Zoning History
- Site Plans
- Homes with Garages Larger than the Primary Living Space List and Map
- Var 1377 Opposition