|
Regular
|
| Board of Adjustment | |
| Date: | 06/04/2025 |
| Title: | Variance 1381- 1617 1st Ave N. - EBURD Site Development Requirements |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of the variance request from Section 27-904.D., Table 27-900-5.1.a. requiring a minimum of 95% front lot line coverage; from the requirement to build to the corner, and from the street-side build-to zone; from Table 27-900-5.1.c. allowing only one bay door for loading or parking within the building to allow two bay doors; and Section 27-905.D, Table 27-900-10(4) requiring a 3-4 foot fence between a parking area and the street frontage landscaping.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from several building and siting sections related to the Limited Bay frontage type for a new building located on a vacant parcels between N 16th St and N 17th St on 1st Ave North. The property is part of the East Billings Urban Renewal District Central Works (EBURD-CW) zoning district. The new building is for Montana Tire currently located at 421 N 13th St within the EBURD North 13th Street Main Street zoning district. The purpose of the requested variances is to allow the construction of a new office and shop for Montana Tire at 1617 1st Avenue North, a site that is surrounded by three street frontages.
The East Billings Urban Revitalization District-Central Works (EBURD-CW) is a zoning for the city that requires buildings to be closer to the street and promotes development that is comfortably accessible via all modes of transportation. Parking is in the rear, side, or internal to the site with more street frontage landscaping. The zone districts require a minimum and maximum front build-to area along the street. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses that frame the street. The front facade door and window coverage apply to the build-to zone area, in this case, N 17th Street.
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year floodplain that crossed the front of the property. Two adjacent properties on King Ave West were granted a front lot line coverage reduction for a Smitty's tire center (CMU2 zone) for a variance that included front build to zone, window and door coverage, and the new Panda Express both due to the narrowness of the lots and the shared access easement for property to the south.
All of these variances are similar requests, although separated by degrees of intensity and use. The Costco parcel on Zoo Drive had physical constraints (an irrigation ditch) and functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcels were burdened by topography and a shared access easement, while the Blue Creek Road parcel had onsite floodplain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variances were approved in October 2022 and October 2023. Additionally, in March 2022, the City Council approved a Special Review for an auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage. There have been two variances granted in the vicinity of this property; one at 2030 4th Avenue North (EBURD-Rail Spur Village) and 220 North 20th Street (EBURD-Rail Spur Village Main Streets) for relief of the landscaping requirements, the other at 302 North 15th Street (EBURD-CW) to allow a 5-foot side setback.
The subject property has street frontage on three sides, making it unfeasible to satisfy all the "build-to" requirements along each street frontage. Although the proposed tire center is an allowed use within the EBURD-CW zone district, designing a compliant site plan on a lot with three street frontages presents significant challenges under current build-to standards. Any single-use structure on this parcel would likely struggle to comply without extending the building along the full length of 1st Avenue North or re-orienting the structure, so the long axis faces North 17th Street. Any option will present more significant variances from the building and siting standards. Placing the building with the main entrance for people within the build-to-zone on North 17th Street is the best option. To address this, the applicant proposes treating North 17th Street as the "front property line" in order to meet the zone’s "front build-to" requirement, as illustrated in the attached site plan. The lot’s unique configuration poses challenges for any commercial development, but these difficulties are especially acute for a tire center. The south property line (1st Avenue North) is classified as side street frontage, while the east property line (North 16th Street) is designated as the rear. The building's functional front for access to the main tire service bays faces south toward 1st Avenue North. According to Section 27-1802.B.3, any front or side street façade set back more than twice the maximum build-to zone is not classified as part of the front or street-facing façade. Therefore, since the multiple bay garage doors face what is technically considered a "side" street, this orientation complies with the regulation requiring garage entrances to be located on the side or rear of the property and outside the build-to zone. Additionally, the design must accommodate access for large semi-trucks and trailers. To achieve this, the proposal includes a request for two garage bay doors to be permitted along the west frontage on North 17th Street—the designated front property line.
APPLICATION DATA
OWNERS: J&S Properties Inc.
APPLICANT: Ryan Anderson (Montana Tire Center), contract buyer.
AGENT: Chuck Henrichs-EEC Inc., President
PURPOSE: Variance from required Build-to Corner, Minimum Front Lot Line Coverage, Street-side Build-to Zone, one bay door on front facade, and 3-4 foot fence between parking and street front landscaping.
LEGAL DESCRIPTION: Lots 1-24, Block 81, Billings Original Town
EXISTING LAND USE: Vacant land
PROPOSED LAND USE: Montana Tire Center
EXISTING ZONING: EBURD-CW
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: EBURD-CW
Land Use: Single and Multi-family residential
SOUTH: Zoning: EBURD-CW
Land Use: Auto Acres car sales lot
EAST: Zoning: EBURD-CW
Land Use: Automotive service center and sales lot
WEST: Zoning: EBURD-CW
Land Use: Hotel -Lewis & Clark Inn
The East Billings Urban Revitalization District-Central Works (EBURD-CW) is a zoning for the city that requires buildings to be closer to the street and promotes development that is comfortably accessible via all modes of transportation. Parking is in the rear, side, or internal to the site with more street frontage landscaping. The zone districts require a minimum and maximum front build-to area along the street. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses that frame the street. The front facade door and window coverage apply to the build-to zone area, in this case, N 17th Street.
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year floodplain that crossed the front of the property. Two adjacent properties on King Ave West were granted a front lot line coverage reduction for a Smitty's tire center (CMU2 zone) for a variance that included front build to zone, window and door coverage, and the new Panda Express both due to the narrowness of the lots and the shared access easement for property to the south.
All of these variances are similar requests, although separated by degrees of intensity and use. The Costco parcel on Zoo Drive had physical constraints (an irrigation ditch) and functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcels were burdened by topography and a shared access easement, while the Blue Creek Road parcel had onsite floodplain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variances were approved in October 2022 and October 2023. Additionally, in March 2022, the City Council approved a Special Review for an auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage. There have been two variances granted in the vicinity of this property; one at 2030 4th Avenue North (EBURD-Rail Spur Village) and 220 North 20th Street (EBURD-Rail Spur Village Main Streets) for relief of the landscaping requirements, the other at 302 North 15th Street (EBURD-CW) to allow a 5-foot side setback.
The subject property has street frontage on three sides, making it unfeasible to satisfy all the "build-to" requirements along each street frontage. Although the proposed tire center is an allowed use within the EBURD-CW zone district, designing a compliant site plan on a lot with three street frontages presents significant challenges under current build-to standards. Any single-use structure on this parcel would likely struggle to comply without extending the building along the full length of 1st Avenue North or re-orienting the structure, so the long axis faces North 17th Street. Any option will present more significant variances from the building and siting standards. Placing the building with the main entrance for people within the build-to-zone on North 17th Street is the best option. To address this, the applicant proposes treating North 17th Street as the "front property line" in order to meet the zone’s "front build-to" requirement, as illustrated in the attached site plan. The lot’s unique configuration poses challenges for any commercial development, but these difficulties are especially acute for a tire center. The south property line (1st Avenue North) is classified as side street frontage, while the east property line (North 16th Street) is designated as the rear. The building's functional front for access to the main tire service bays faces south toward 1st Avenue North. According to Section 27-1802.B.3, any front or side street façade set back more than twice the maximum build-to zone is not classified as part of the front or street-facing façade. Therefore, since the multiple bay garage doors face what is technically considered a "side" street, this orientation complies with the regulation requiring garage entrances to be located on the side or rear of the property and outside the build-to zone. Additionally, the design must accommodate access for large semi-trucks and trailers. To achieve this, the proposal includes a request for two garage bay doors to be permitted along the west frontage on North 17th Street—the designated front property line.
APPLICATION DATA
OWNERS: J&S Properties Inc.
APPLICANT: Ryan Anderson (Montana Tire Center), contract buyer.
AGENT: Chuck Henrichs-EEC Inc., President
PURPOSE: Variance from required Build-to Corner, Minimum Front Lot Line Coverage, Street-side Build-to Zone, one bay door on front facade, and 3-4 foot fence between parking and street front landscaping.
LEGAL DESCRIPTION: Lots 1-24, Block 81, Billings Original Town
EXISTING LAND USE: Vacant land
PROPOSED LAND USE: Montana Tire Center
EXISTING ZONING: EBURD-CW
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: EBURD-CW
Land Use: Single and Multi-family residential
SOUTH: Zoning: EBURD-CW
Land Use: Auto Acres car sales lot
EAST: Zoning: EBURD-CW
Land Use: Automotive service center and sales lot
WEST: Zoning: EBURD-CW
Land Use: Hotel -Lewis & Clark Inn
STAKEHOLDERS
Planning staff notified surrounding property owners via mail, published a legal advertisement in the Yellowstone County News, and posted the required sign on the property. At the time this report was submitted, no comments had been received from nearby property owners.
ALTERNATIVES
The Board of Adjustment may:
- Deny the requested variance and amend the findings of fact for the criteria;
- 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.
The subject property has street frontage on three sides, making it impractical to meet all "build-to" requirements along each frontage. While a tire center is a permitted use in the EBURD-CW zone district, developing a compliant site plan on a lot with three street frontages presents considerable challenges under current zoning standards. Any single-use building on this site would face difficulty meeting these requirements without extending the structure along the full length of 1st Avenue North. To navigate these constraints, the applicant proposes designating North 17th Street as the "front property line" to fulfill the zone's "front build-to" requirement, as shown in the attached site plan. The property's unique configuration poses challenges for any commercial development, but these are particularly pronounced for a tire center. The south property line of 1st Avenue North is classified as a side street frontage, and the east property line of North 16th Street is designated as the rear. However, the building's operational front faces south toward 1st Avenue North, resulting in the garage bays being oriented toward what is technically considered the "side" street. This orientation remains consistent with zoning regulations that require garage doors to be located on the side or rear of the property. As indicated in Table 27-900-5.c there is only one bay permitted. Because the Applicant has requested a variance from the street side build-to zone the applicant is alleviated from the facade requirements for this build-to area per, Section 27-1802.B.3 if the variance is approved. Furthermore, the design must accommodate circulation for large semi-trucks and trailers. To facilitate this, the proposal includes a request for two garage bay doors along the west frontage on North 17th Street—the designated front property line—ensuring adequate access and maneuverability for larger vehicles. Although there are no conditions with the land that would prevent the requirement for a 3-4 foot fence between the parking area and the landscape buffer area along the side and rear property lines, the applicant intends to include small shrubs as an alternate buffer which is in line with the zoning regulations under Section 27-1209.A.2; "fence" for the intent of this section means any fence wall or hedge.
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.
Specific to "build-to" and "front lot line coverage" requirements, there are other developed properties in the area that have more than the allowed bay doors on frontage streets. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design, the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts. There are no circumstances that would prevent the building from being designed with the required front facade. However, the unique characteristics of the lot present challenges for a proposed tire center. The south property line is classified as a side street frontage, and the east property line is designated as the rear. However, the building's operational front faces south toward 1st Avenue North, resulting in the garage bays being oriented toward what is technically considered the "side" street. This orientation remains consistent with zoning regulations that require garage doors to be located on the side or rear of the property. Furthermore, the design must accommodate circulation for large semi-trucks and trailers. The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed tire center, as its design typically includes multiple-bay doors. There are several examples of variances granted for "build to" and "front lot line coverage". Few parcels in this district have been developed in full compliance with the landscaping requirements outlined in the EBURD section of the zoning code. Therefore, granting a variance to allow small shrubs in place of the required 3–4 foot fence between the parking area and the landscape buffer along the side and rear property lines may appear to grant the applicant a deviation from the standard. However, this approach would not necessarily deprive them of rights enjoyed by others in the district. Instead, it would provide a reasonable alternative while encouraging future developments to comply with updated landscaping standards, ultimately supporting long-term beautification goals for the district.
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.
As with the findings under Criterion 2, granting this variance would not constitute a special privilege for the applicant, considering the context of nearby developments such as, South Auto Acres car lot and East Auto Service Center car sales lot. Variances have previously been approved for properties in CMU zoning districts—which are comparable to the EBURD-CW zone—under similar hardship circumstances. Many nearby developments were approved under earlier zoning codes, and although this property lies within the EBURD-CW district, the development standards and limitations closely mirror those applied in past CMU zone variance cases. For instance, the City Council approved a special review and variance for an auto repair facility in the CMU2 zone on Shiloh Crossing Boulevard, granting relief from front lot line building coverage requirements. Likewise, the Board of Adjustment approved variances for projects on Blue Creek Road and King Avenue West to address similar constraints in the CMU district. In relation to the specific requirement for minimum window and door coverage on the front façade, several existing developments in the area do not meet current standards, having been approved under prior versions of the zoning code. The current code contains provisions for addressing such properties if they undergo redevelopment or significant alterations, depending on the scale of proposed changes. In this case, granting a variance to increase the amount of garage bay door coverage on the front façade of the proposed tire center would not be considered a special privilege. This position is reinforced by the Board’s prior approval of a similar variance for a car wash on King Avenue West. Although this property is currently undeveloped, the updated design standards are intended to encourage attractive, well-designed commercial façades. However, due to the functional needs of a tire center—particularly the requirement to serve large semi-trucks with trailers—strict adherence to front façade door coverage standards presents a practical design challenge. The west elevation serves as the designated front, but applying the required door coverage to this façade is not feasible given the operational nature of the proposed use. Additionally, few properties in this district have been developed in full compliance with the EBURD landscaping standards. Granting a variance to allow small shrubs in lieu of the required 3–4 foot fence between parking areas and the landscape buffer along the side and rear property lines may appear to relax the standard. However, it would offer a reasonable and context-sensitive solution that does not deny the applicant rights enjoyed by others in the area. It may also encourage future compliance with landscape regulations, furthering the district’s beautification objectives.
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. Approval of this variance with North 17th Street as the "front property line", will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from 1st Avenue North. A variance from the required "build to corner", "side build to" and restriction of one bay door on the front facade (North 17th Street) would be in harmony with the general purpose of the zoning code and the intent of the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy's intentions to promote aesthetically pleasing building facades in commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy. There have been other variances approved for "build to" zones, front lot line coverage and bay doors. Any single-use building on this property would struggle to comply without extending the structure along the entire length of 1st Avenue North. Few parcels in this district have been developed in full compliance with the landscaping requirements outlined in the EBURD section of the zoning code. Therefore, granting a variance to allow small shrubs in place of the required 3-4 foot fence between the parking area and the landscape buffer along the side and rear property lines may appear to grant the applicant a deviation from the standard. However, this approach would not necessarily deprive them of rights enjoyed by others in the district. Instead, it would provide a reasonable alternative while encouraging future developments to comply with updated landscaping standards, ultimately supporting long-term beautification goals for the district.
Section 27-1627.E.
1. Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The above-referenced criteria from Section 27-1627.D. has been addressed above in the staff report for the board to state.
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 conditions for the approval of this variance request.
3. The Board 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.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically, the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 5 years of Board 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. Tire centers are allowed uses in the EBURD-CW zone.
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 has street frontage on three sides, making it impractical to meet all "build-to" requirements along each frontage. While a tire center is a permitted use in the EBURD-CW zone district, developing a compliant site plan on a lot with three street frontages presents considerable challenges under current zoning standards. Any single-use building on this site would face difficulty meeting these requirements without extending the structure along the full length of 1st Avenue North. To navigate these constraints, the applicant proposes designating North 17th Street as the "front property line" to fulfill the zone's "front build-to" requirement, as shown in the attached site plan. The property's unique configuration poses challenges for any commercial development, but these are particularly pronounced for a tire center. The south property line of 1st Avenue North is classified as a side street frontage, and the east property line of North 16th Street is designated as the rear. However, the building's operational front faces south toward 1st Avenue North, resulting in the garage bays being oriented toward what is technically considered the "side" street. This orientation remains consistent with zoning regulations that require garage doors to be located on the side or rear of the property. As indicated in Table 27-900-5.c there is only one bay permitted. Because the Applicant has requested a variance from the street side build-to zone the applicant is alleviated from the facade requirements for this build-to area per, Section 27-1802.B.3 if the variance is approved. Furthermore, the design must accommodate circulation for large semi-trucks and trailers. To facilitate this, the proposal includes a request for two garage bay doors along the west frontage on North 17th Street—the designated front property line—ensuring adequate access and maneuverability for larger vehicles. Although there are no conditions with the land that would prevent the requirement for a 3-4 foot fence between the parking area and the landscape buffer area along the side and rear property lines, the applicant intends to include small shrubs as an alternate buffer which is in line with the zoning regulations under Section 27-1209.A.2; "fence" for the intent of this section means any fence wall or hedge.
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.
Specific to "build-to" and "front lot line coverage" requirements, there are other developed properties in the area that have more than the allowed bay doors on frontage streets. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design, the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts. There are no circumstances that would prevent the building from being designed with the required front facade. However, the unique characteristics of the lot present challenges for a proposed tire center. The south property line is classified as a side street frontage, and the east property line is designated as the rear. However, the building's operational front faces south toward 1st Avenue North, resulting in the garage bays being oriented toward what is technically considered the "side" street. This orientation remains consistent with zoning regulations that require garage doors to be located on the side or rear of the property. Furthermore, the design must accommodate circulation for large semi-trucks and trailers. The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed tire center, as its design typically includes multiple-bay doors. There are several examples of variances granted for "build to" and "front lot line coverage". Few parcels in this district have been developed in full compliance with the landscaping requirements outlined in the EBURD section of the zoning code. Therefore, granting a variance to allow small shrubs in place of the required 3–4 foot fence between the parking area and the landscape buffer along the side and rear property lines may appear to grant the applicant a deviation from the standard. However, this approach would not necessarily deprive them of rights enjoyed by others in the district. Instead, it would provide a reasonable alternative while encouraging future developments to comply with updated landscaping standards, ultimately supporting long-term beautification goals for the district.
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.
As with the findings under Criterion 2, granting this variance would not constitute a special privilege for the applicant, considering the context of nearby developments such as, South Auto Acres car lot and East Auto Service Center car sales lot. Variances have previously been approved for properties in CMU zoning districts—which are comparable to the EBURD-CW zone—under similar hardship circumstances. Many nearby developments were approved under earlier zoning codes, and although this property lies within the EBURD-CW district, the development standards and limitations closely mirror those applied in past CMU zone variance cases. For instance, the City Council approved a special review and variance for an auto repair facility in the CMU2 zone on Shiloh Crossing Boulevard, granting relief from front lot line building coverage requirements. Likewise, the Board of Adjustment approved variances for projects on Blue Creek Road and King Avenue West to address similar constraints in the CMU district. In relation to the specific requirement for minimum window and door coverage on the front façade, several existing developments in the area do not meet current standards, having been approved under prior versions of the zoning code. The current code contains provisions for addressing such properties if they undergo redevelopment or significant alterations, depending on the scale of proposed changes. In this case, granting a variance to increase the amount of garage bay door coverage on the front façade of the proposed tire center would not be considered a special privilege. This position is reinforced by the Board’s prior approval of a similar variance for a car wash on King Avenue West. Although this property is currently undeveloped, the updated design standards are intended to encourage attractive, well-designed commercial façades. However, due to the functional needs of a tire center—particularly the requirement to serve large semi-trucks with trailers—strict adherence to front façade door coverage standards presents a practical design challenge. The west elevation serves as the designated front, but applying the required door coverage to this façade is not feasible given the operational nature of the proposed use. Additionally, few properties in this district have been developed in full compliance with the EBURD landscaping standards. Granting a variance to allow small shrubs in lieu of the required 3–4 foot fence between parking areas and the landscape buffer along the side and rear property lines may appear to relax the standard. However, it would offer a reasonable and context-sensitive solution that does not deny the applicant rights enjoyed by others in the area. It may also encourage future compliance with landscape regulations, furthering the district’s beautification objectives.
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. Approval of this variance with North 17th Street as the "front property line", will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from 1st Avenue North. A variance from the required "build to corner", "side build to" and restriction of one bay door on the front facade (North 17th Street) would be in harmony with the general purpose of the zoning code and the intent of the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy's intentions to promote aesthetically pleasing building facades in commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy. There have been other variances approved for "build to" zones, front lot line coverage and bay doors. Any single-use building on this property would struggle to comply without extending the structure along the entire length of 1st Avenue North. Few parcels in this district have been developed in full compliance with the landscaping requirements outlined in the EBURD section of the zoning code. Therefore, granting a variance to allow small shrubs in place of the required 3-4 foot fence between the parking area and the landscape buffer along the side and rear property lines may appear to grant the applicant a deviation from the standard. However, this approach would not necessarily deprive them of rights enjoyed by others in the district. Instead, it would provide a reasonable alternative while encouraging future developments to comply with updated landscaping standards, ultimately supporting long-term beautification goals for the district.
Section 27-1627.E.
1. Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The above-referenced criteria from Section 27-1627.D. has been addressed above in the staff report for the board to state.
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 conditions for the approval of this variance request.
- The variance is to allow variance request from 27-904.D, Table 27-900-5.(1.a) requiring a minimum of 95% front lot line coverage to allow 45% front line coverage (N. 17th St); from the requirement to build to the corner of an intersection and within the build-to-zone of a street side property line to allow the building in the proposed location of 76.5 feet north of the intersection of 1st Ave N and N 17th St; from Table 27-900-5(1.c) allowing only one bay door for loading or parking within the building to allow two bay doors (N 17th St); and Section 27-905.D, Table 27-900-10(4) requiring a 3-4 foot fence between a parking area and the street frontage landscaping to allow no fence along the parking area along N 16th St and 1st Ave N, in an EBURD Central Works (EBURD-CW) zone. No other variance is intended or implied.
- This variance request is applicable to only Lots 1-24 and the vacated alley of Block 81, Billings Original Town, 1617 1st Avenue North.
- The structure and site will be built in substantial conformance to the drawings submitted with this variance request. Minor modifications to the location of the proposed structures and other site improvements as shown on the submitted site plans are allowed.
- The applicant/developer shall apply for a building permit within 12 months of Board of Adjustments approval and complete the development within 5 years of Board of Adjustments approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
- There shall be no construction activity prior to 7 am or after 8 pm daily.
- All other zoning regulations, except for these specific variances, 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.
3. The Board 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.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically, the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 5 years of Board 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. Tire centers are allowed uses in the EBURD-CW zone.