Planning staff recommends conditional approval of the variance from 27-407 Table 27-400-4.A.1-- Build to corner required; 27-400-4.A.4 --Front lot line coverage of 90%;  27-400-4.A.5 --Front build to zone of 5-20 feet; 27-400-4.A.6 --Street Side Build to zone 5-20 feet; In the Neighborhood Mixed Use (NMU) zone to allow relief from the build to corner requirement in it’s entirety, allow relief from the 90% front lot line coverage to be within the requested 75 foot Front Build to zone, allow a front build-to zone of 75 feet from the property line adjacent to Chy Way frontage, and allow relief from the Street Side Build to zone to allow 35 feet from the existing easement along Grand Avenue.

This is a variance request from Section 27-407, Table 27-400.3 of the Billings Zoning Code for a parcel zoned Neighborhood Mixed Use (NMU), located at 5502 Grand Avenue (Lot 3, Block 1, MK Subdivision). The applicant, Western Security Bank, proposes to construct a new bank branch with drive-through services on the 1.53-acre parcel.

The requested variance is to allow relief from the NMU requirements for minimum front lot line coverage, the front build-to zone, the street-side build-to zone, and the build-to corner requirement. The applicant has stated that these standards cannot be met due to the operational needs of a financial institution with drive-through services and the site’s circulation and frontage configuration. To function safely and effectively, the building must be set back farther than the required build-to zones, and it cannot achieve the ninety percent front lot line coverage without significantly increasing the size of the structure.

The subject property is currently vacant but is surrounded by a mix of commercial and undeveloped parcels. To the east is the Den Sports Bar, while land to the north and west remains undeveloped. The parcel has approximately 219 feet of frontage along Grand Avenue and 306 feet of depth. This location on the growing west end of Billings provides visibility and access to a developing residential and commercial area.

Nearby properties along Grand Avenue include a mix of restaurants, small-scale retail, and professional offices, many of which have site and circulation layouts that differ from the NMU pedestrian-oriented design standards. Several other variances in the City have been granted for similar circumstances where site conditions or operational needs limited compliance with the strict build-to and frontage requirements.

This variance request seeks flexibility in building placement while still achieving the intent of the NMU district through pedestrian connections, landscaping, and quality building design.

APPLICATION DATA
OWNERS: Western Security Bank
PURPOSE: New Bank
LEGAL DESCRIPTION: MK SUB, S31, T01 N, R25 E, BLOCK 1, Lot 3, (08) ANNEX - 07-18533 (08)
ADDRESS: 5502 Grand Ave
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Bank with Drive Through Services
EXISTING ZONING: NMU - Neighborhood Mixed Use

CONCURRENT APPLICATIONS
None

SURROUNDING ZONING & LAND USE
NORTH: Zoning: PUD - Planned Unit Development 
Land Use: Vacant
SOUTH: Zoning: N3 - Suburban Neighborhood
Land Use: Residential
EAST: Zoning: CMU2 - Corridor Mixed Use 2
Land Use: Commercial 
WEST: Zoning: A - Agriculture
Land Use: Agriculture

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;
• Approve the requested variance with different or added conditions, or no conditions;
• Deny the requested variance and amend the findings of fact for the criteria;
• Allow the applicant to withdraw the variance request; or
• Delay action on the variance to a future BOA meeting.

Approval or denial of the requested variance will have no financial effect on the Planning Division budget.

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 at 5502 Grand Avenue is zoned Neighborhood Mixed-Use (NMU) and is proposed for development as a new bank with drive-through services. The NMU standards for front lot line coverage and build-to zones are intended for pedestrian-oriented retail or office uses. Applying them literally on this parcel would prevent safe vehicle queuing and circulation, reduce the functionality of the pedestrian entry plaza, and restrict space for required landscaping.

Because of the site’s size, frontage configuration, and the operational needs of a bank branch, the building cannot reasonably meet all of the placement standards without creating safety or design conflicts. These conditions are peculiar to this property and use and are not generally experienced by other NMU parcels that do not require drive-through access. The hardship is not self-imposed but results from the combination of the zoning standards and the unique circulation requirements of the proposed use.

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.
A strict application of the NMU standards would require the building to meet 90 percent front lot line coverage and remain within the 5 to 20 foot build to zones. For a bank use, this would eliminate adequate drive through queuing and circulation space and create conflicts with pedestrian access and landscaping areas.

Other properties in the district are able to develop in ways that fit their use types, many of which do not require drive throughs. Denying flexibility here would deprive the applicant of the ability to reasonably operate a bank at this location, an allowed use in the district, while other tracts are able to accommodate their uses without facing the same conflict between building placement and operational safety.

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 would not create a special privilege for the applicant. Other properties in the district have received variances when unique site or use conditions limited their ability to meet all placement standards. In this case, the variance allows the bank to function safely and effectively while still meeting the broader goals of the NMU district, such as providing pedestrian access and quality site design.

The request does not allow a use that is otherwise prohibited, but only provides flexibility in building placement to accommodate circulation needs. This ensures the applicant is treated comparably to other landowners in the district who have faced similar hardships.

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.
Essential Investments

• Infill development and development near existing City infrastructure may be the most cost effective.

The proposed bank represents infill development within city limits on a parcel already served by infrastructure. This makes efficient use of public investment and supports cost-effective growth.

Strong Neighborhoods

• Neighborhoods that are safe and attractive and provide essential services are much desired.

The bank branch will provide financial services to a growing neighborhood on the west end, reducing travel distances for residents and businesses and contributing to the stability and convenience of the area.
Prosperity

• Successful businesses that provide local jobs benefit the community.

The new branch will create jobs, strengthen the local economy, and support surrounding small businesses by expanding access to financial services.

Section 27-1627. E
1) 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:

1. This approval is limited to the requested variance from NMU zoning requirements for minimum front lot line coverage, front build-to zone, street-side build-to zone, and build-to corner requirements as depicted on the submitted site plan. No other variance is intended or implied.
2. The variance is limited to Lot 3, Block 1, MK Subdivision, generally located at 5502 Grand Avenue.
3. The applicant shall apply for and receive approval of a building permit within 1 year of Board approval and complete construction within 2 years of Board approval. Failure to meet these deadlines will void the variance.
4. Construction activity shall not occur before 7 a.m. or after 8 p.m. daily.
5. The structure 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. 
6. The applicant shall meet all other city code requirements in place at the time of construction except for the variance granted herein.
7. 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.

2) 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.
The applicant will submit and obtain a building permit within 1 year and have it completed within 2 years of BOA approval.

3) 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 requested variance does not involve a use variance and does not propose a use that is prohibited in the NMU - Neighborhood Mixed Use zoning district. The proposed financial institution is a permitted use in this district.