|
Regular
|
| Board of Adjustment | |
| Date: | 12/03/2025 |
| Title: | City Variance 1387- 615 S 27th St. -DOJ Fence Height |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of Variance 1387 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
Variance 1387 is a request to construct an 8’ chain link fence with security barbed wire on top within the required “building” setback in a Public, Civic Institution (P2) zone. A variance request from Section 27-504, Table 27-500.1 side and rear setback of 10 feet applicable to any fence over 7 feet tall, Section 27-1209.C.2(b) any fence in excess of 6 feet in height must meet all yard setback requirements for structures as defined in the applicable zone district, and Section 27-1209.E.2(b) barbed wire is only permitted where an 8 foot fence is allowed on Lots 1-24, Block 214 Billings Second Addition in Section 3, Township 1 south, Range 26 east, an approximate total of 83,937sqft and addressed as 615 S. 27th St. Tax ID: A01560 and A01554.
This area of Billings is along an arterial corridor with a mix of zoning and use types, including the Montana Womans prison to the southeast, and a senior living facility to the west. The surrounding zoning is a mix of commercial types, limiting residential uses in the vicinity. The property located south at 701 S. 27th St. houses the Womans Correctional Facility and was granted a variance with Land Use Contrary to Zoning (LUCZ) for an 8+ foot fence in 2011, for security. The youth treatment center at the same location was also granted LUCZ for a fence height greater than 6 feet in 1985.
Although the MHP location is a Public zoned parcel of land, because the State of Montana does not own the land, this application is not eligible for LUCZ, and must go through the variance application process to apply for a fence height allowance of 8+ feet.
With this adjacent property allowance of an increased fence height and the need for increased security in this area of Billings, the request for an 8-foot fence is inline with the intent of the zoning regulations for granting variances.
APPLICATION DATA
OWNERS: VTR Properties, LLC
AGENT: Todd Reichenbach, manager
PURPOSE: Allow 8+ foot security fence
LEGAL DESCRIPTION: Block 214, Lots 1-24, Billings Second Addition
ADDRESS: 615 S 27th St.
EXISTING LAND USE: Montana Hwy Patrol, Offices
PROPOSED LAND USE: Same
EXISTING ZONING: P2
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attachments
SURROUNDING ZONING & LAND USE
NORTH: Zoning: DX- Downtown Support
Land Use: Vacant land and a single family dwelling
SOUTH: Zoning: P2 -Public, Civic and Institutions
Land Use: Womans Correctional Facility
EAST: Zoning: CX- Heavy Commercial
Land Use: Single family residential & small commercial warehouse
WEST: Zoning: DX
Land Use: Nursing home
This area of Billings is along an arterial corridor with a mix of zoning and use types, including the Montana Womans prison to the southeast, and a senior living facility to the west. The surrounding zoning is a mix of commercial types, limiting residential uses in the vicinity. The property located south at 701 S. 27th St. houses the Womans Correctional Facility and was granted a variance with Land Use Contrary to Zoning (LUCZ) for an 8+ foot fence in 2011, for security. The youth treatment center at the same location was also granted LUCZ for a fence height greater than 6 feet in 1985.
Although the MHP location is a Public zoned parcel of land, because the State of Montana does not own the land, this application is not eligible for LUCZ, and must go through the variance application process to apply for a fence height allowance of 8+ feet.
With this adjacent property allowance of an increased fence height and the need for increased security in this area of Billings, the request for an 8-foot fence is inline with the intent of the zoning regulations for granting variances.
APPLICATION DATA
OWNERS: VTR Properties, LLC
AGENT: Todd Reichenbach, manager
PURPOSE: Allow 8+ foot security fence
LEGAL DESCRIPTION: Block 214, Lots 1-24, Billings Second Addition
ADDRESS: 615 S 27th St.
EXISTING LAND USE: Montana Hwy Patrol, Offices
PROPOSED LAND USE: Same
EXISTING ZONING: P2
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attachments
SURROUNDING ZONING & LAND USE
NORTH: Zoning: DX- Downtown Support
Land Use: Vacant land and a single family dwelling
SOUTH: Zoning: P2 -Public, Civic and Institutions
Land Use: Womans Correctional Facility
EAST: Zoning: CX- Heavy Commercial
Land Use: Single family residential & small commercial warehouse
WEST: Zoning: DX
Land Use: Nursing home
STAKEHOLDERS
Planning staff has not received any comments on the application as of the date of this report. The Board of Adjustment will hold a public hearing prior to acting on the request.
The applicant is requesting approval to install an 8-foot security fence with barbed wire extending above the fence height. The intent is to enhance security for Montana Highway Patrol (MHP) vehicles and staff parking. The request is driven by a notable increase in vandalism and theft in the parking area, which has resulted in vehicle damage and loss of evidence related to ongoing investigations.
This variance application is being processed alongside an approved encroachment permit from the City Engineering Division, allowing the alley between the two parking areas to be secured with gates. The property is currently leased by the MHP/State of Montana, and as a condition for the State to renew its lease with VTR Properties, the installation of the proposed security fencing is required.
The applicant is requesting approval to install an 8-foot security fence with barbed wire extending above the fence height. The intent is to enhance security for Montana Highway Patrol (MHP) vehicles and staff parking. The request is driven by a notable increase in vandalism and theft in the parking area, which has resulted in vehicle damage and loss of evidence related to ongoing investigations.
This variance application is being processed alongside an approved encroachment permit from the City Engineering Division, allowing the alley between the two parking areas to be secured with gates. The property is currently leased by the MHP/State of Montana, and as a condition for the State to renew its lease with VTR Properties, the installation of the proposed security fencing is required.
ALTERNATIVES
The Board of Adjustment may:
- Conditionally approve Variance 1387 and adopt the recommended findings of the review criteria as recommended by staff; or
- Approve Variance 1387 and adopt the recommended findings of the review criteria; or
- Deny Variance 1387 and adopt different findings of the review criteria; or
- Delay action on Variance 1387 to the next scheduled Board meeting; or
- Allow the applicant to withdraw.
FISCAL EFFECTS
There will be no financial impact on the Planning Division's budget with the approval or denial of the requested 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.D1
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;
There are not any special features in this situation other than the non-existance of necessary security. A six-foot fence does not give the security that is required for this facility to renew the lease for the land. If the lease is not allowed to renew, it would cause MHP an unnecessary hardship, as it would have to relocate the facility to a different location.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
There have been four other fence height variances granted in Billings for residential fences with topographical hardships, and there have been higher fence heights approved using Land Use Contrary to Zoning for the Womans Correctional facility to the southwest for an 8 foot security fence, and the youth treatment center at the same location was also granted LUCZ for a fence height greater than 6 feet.
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;
The variance will not allow the applicant any special privileges. The circumstances in this situation show the eight foot fence would allow the applicant the same security as other properties that have the same grade level, and have been approved for an eight foot fence with similar site use characteristics by public agencies.
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 policies;
Approval of this variance request is consistent with the goals of the 2016 Growth Policy. Continued investment in and protection of the property supports a use that is compatible with the surrounding neighborhood. The variance is also in harmony with the general purpose and intent of the Zoning Regulations, which emphasize the promotion of public health, safety, and general welfare as outlined in the Growth Policy. The requested variance would allow the installation of an eight-foot fence within the required setback from the property line while maintaining full compliance with all clear-vision standards at intersections and driveways.
Board of Adjustment Review and Decision Making (BMCC 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 minutes will reflect any Board of Adjustment findings and criteria.
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 is recommending the following conditions for the variance request:
1. The variance to allow an 8’ chain link fence with security barbed wire on top within the required “building” setback in a Public, Civic Institution (P2) zone. A request from Section 27-504, Table 27-500.1 side and rear setback of 10 feet applicable to any fence over 7 feet tall, Section 27-1209.C.2(b) any fence in excess of 6 feet in height must meet all yard setback requirements for structures as defined in the applicable zone district, and 27-1209.E.2(b) barbed wire is only permitted where an 8 foot fence is allowed. No other variance is intended or implied with this approval.
2. The fence shall be placed as depicted on the site plan submitted with this application, and adhering to all clear vision areas that apply.
3. The fence shall be coated black or painted black in color to reduce the visual impact, and mitigate glare or reflection, that it will create along South 27th Street and for the properties to the north and east of the subject property.
4. The variance is limited to, 615 S. 27th St., Lots 1-24, Block 214, Billings Second Addition (including adjacent alley) in S03, T01S, R26E, an approximate total of 83,937 sf.
5. The applicant shall meet all other city code requirements with the exception of this variance.
6. The applicant must submit and receive approval of a fence permit within six months of approval of this variance, and complete construction within one year.
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, lease holders, heirs and assigns.
Section 27-1627.D1
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;
There are not any special features in this situation other than the non-existance of necessary security. A six-foot fence does not give the security that is required for this facility to renew the lease for the land. If the lease is not allowed to renew, it would cause MHP an unnecessary hardship, as it would have to relocate the facility to a different location.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
There have been four other fence height variances granted in Billings for residential fences with topographical hardships, and there have been higher fence heights approved using Land Use Contrary to Zoning for the Womans Correctional facility to the southwest for an 8 foot security fence, and the youth treatment center at the same location was also granted LUCZ for a fence height greater than 6 feet.
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;
The variance will not allow the applicant any special privileges. The circumstances in this situation show the eight foot fence would allow the applicant the same security as other properties that have the same grade level, and have been approved for an eight foot fence with similar site use characteristics by public agencies.
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 policies;
Approval of this variance request is consistent with the goals of the 2016 Growth Policy. Continued investment in and protection of the property supports a use that is compatible with the surrounding neighborhood. The variance is also in harmony with the general purpose and intent of the Zoning Regulations, which emphasize the promotion of public health, safety, and general welfare as outlined in the Growth Policy. The requested variance would allow the installation of an eight-foot fence within the required setback from the property line while maintaining full compliance with all clear-vision standards at intersections and driveways.
Board of Adjustment Review and Decision Making (BMCC 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 minutes will reflect any Board of Adjustment findings and criteria.
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 is recommending the following conditions for the variance request:
1. The variance to allow an 8’ chain link fence with security barbed wire on top within the required “building” setback in a Public, Civic Institution (P2) zone. A request from Section 27-504, Table 27-500.1 side and rear setback of 10 feet applicable to any fence over 7 feet tall, Section 27-1209.C.2(b) any fence in excess of 6 feet in height must meet all yard setback requirements for structures as defined in the applicable zone district, and 27-1209.E.2(b) barbed wire is only permitted where an 8 foot fence is allowed. No other variance is intended or implied with this approval.
2. The fence shall be placed as depicted on the site plan submitted with this application, and adhering to all clear vision areas that apply.
3. The fence shall be coated black or painted black in color to reduce the visual impact, and mitigate glare or reflection, that it will create along South 27th Street and for the properties to the north and east of the subject property.
4. The variance is limited to, 615 S. 27th St., Lots 1-24, Block 214, Billings Second Addition (including adjacent alley) in S03, T01S, R26E, an approximate total of 83,937 sf.
5. The applicant shall meet all other city code requirements with the exception of this variance.
6. The applicant must submit and receive approval of a fence permit within six months of approval of this variance, and complete construction within one year.
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, lease holders, 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.
The property owner must submit and receive approval of a fence permit within six months and shall complete construction of the new fence within one year of approval of this variance.
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.
The granting of this variance would not allow a use that is not allowed in the zoning district – fences are allowed in the district.
The property owner must submit and receive approval of a fence permit within six months and shall complete construction of the new fence within one year of approval of this variance.
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.
The granting of this variance would not allow a use that is not allowed in the zoning district – fences are allowed in the district.