|
Regular
|
| Board of Adjustment | |
| Date: | 01/07/2026 |
| Title: | Variance 1389-724 N 17th St. (aka 1712 8th Ave. N)-Maximum Building Width |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
City Variance 1389 – 724 N 17th St. – Two-unit front building width - a variance from Section 27-307, Table 27-300.6 requiring a maximum front building width in the build-to zone for side-by-side attached dwelling units of 100 feet to allow a maximum of 120 feet on a side-by-side duplex dwelling in a Mixed Residential 1 (NX1) zone, on Lots 11 & 12, Block 282, Billings Original Townsite, S33, T01 N, R26 E, a 7,000 Sq. Ft. parcel of land. The purpose of the variance is to allow a 2-unit residential dwelling to exceed the 100-foot maximum width. Tax ID: A02047
Planning staff recommends denial of Variance 1389 and adoption of the findings of the review criteria.
Planning staff recommends denial of Variance 1389 and adoption of the findings of the review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance from Section 27-307, Table 27-300.6 requiring a maximum front building width in the build-to zone for side-by-side attached dwelling units of 100 feet to allow a maximum of 120 feet on a side-by-side duplex dwelling in a Mixed Residential 1 (NX1) zone, on Lots 11 & 12, Block 282, Billings Original Townsite, S33, T01 N, R26 E, a 7000 sq. ft. parcel of land. The purpose of the variance is to allow a two-unit residential dwelling to exceed the 100 foot maximum width.
The build-to zone, when required, is designated separately for each street frontage—front and street-side—within the site and structure regulations table for each district. Key façade elements, including the primary entrance, ground-floor windows, and a required percentage of the front façade, must be located within the build-to zone as outlined for that district. In the NX1 zone district, 60% of the front façade width, the main front door, and 60% of the ground-floor window area must fall within the front build-to zone. Build-to zones are intended to provide flexibility in site design while still offering enough predictability to ensure a consistent and cohesive neighborhood streetscape. Maximum width limitations apply to all structures located within the NX1 district.
The NX1 district is designed to preserve the character of the city’s established neighborhoods by accommodating single-family, two-family, and small-scale multi-family homes of three to four units. Multi-family residences are expected to reflect the scale and design features of surrounding single-family homes, including similar building widths, appropriate placement of parking and garages, compatible roof forms, and active front façades with doors and windows.
The maximum width restriction for side-by-side units is specifically intended to minimize the visual impact of larger structures on both front- and side-facing streets. The requested increase in building width does not conform to these requirements or to the overarching goal of maintaining neighborhood character. The surrounding area is a long-established neighborhood in which most single-family homes include basements and most multi-family homes are two stories. The proposed single-story structure does not include a basement, but it could potentially accommodate the applicant’s desired layout—three bedrooms, two bathrooms, and a two-car garage per unit—by incorporating a second story rather than expanding the building width.
The applicant is requesting approval for a two-unit dwelling with a front façade width of 120 feet within the required build-to zone. The NX1 district, however, limits the maximum façade width for a side-by-side two-unit dwelling to 100 feet. The proposal is not aligned with the intent of the Zoning Code. Additionally, no variance applications have previously been submitted or approved to increase maximum building width in any zone district.
Planning staff is recommending denial based on the findings of the variance criteria to increase the maximum width of a two-unit dwelling front facade to 120 feet wide within the build-to zone.
APPLICATION DATA
OWNERS: Blake Newman
PURPOSE: Approval for a two-unit dwelling with a front façade width of 120 feet
LEGAL DESCRIPTION: Lots 11 & 12, Block 282, Billings Original Townsite, S33, T01 N, R26 E
ADDRESS: 724 N 17th St. (aka 1712 8th Ave. N)
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential two-family
EXISTING ZONING: NX1
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
There is no history of any variance being granted for a maximum building width increase.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: Mixed Residential 2 (NX2)
Land Use: Multi-family residential
SOUTH: Zoning: Mixed Residential 1 (NX1)
Land Use: Single family Residential
EAST: Zoning: NX1
Land Use: Residential single and two-family dwellings
WEST: Zoning: Corridor Mixed Use 1 (CMU1)
Land Use: Single family residential
The build-to zone, when required, is designated separately for each street frontage—front and street-side—within the site and structure regulations table for each district. Key façade elements, including the primary entrance, ground-floor windows, and a required percentage of the front façade, must be located within the build-to zone as outlined for that district. In the NX1 zone district, 60% of the front façade width, the main front door, and 60% of the ground-floor window area must fall within the front build-to zone. Build-to zones are intended to provide flexibility in site design while still offering enough predictability to ensure a consistent and cohesive neighborhood streetscape. Maximum width limitations apply to all structures located within the NX1 district.
The NX1 district is designed to preserve the character of the city’s established neighborhoods by accommodating single-family, two-family, and small-scale multi-family homes of three to four units. Multi-family residences are expected to reflect the scale and design features of surrounding single-family homes, including similar building widths, appropriate placement of parking and garages, compatible roof forms, and active front façades with doors and windows.
The maximum width restriction for side-by-side units is specifically intended to minimize the visual impact of larger structures on both front- and side-facing streets. The requested increase in building width does not conform to these requirements or to the overarching goal of maintaining neighborhood character. The surrounding area is a long-established neighborhood in which most single-family homes include basements and most multi-family homes are two stories. The proposed single-story structure does not include a basement, but it could potentially accommodate the applicant’s desired layout—three bedrooms, two bathrooms, and a two-car garage per unit—by incorporating a second story rather than expanding the building width.
The applicant is requesting approval for a two-unit dwelling with a front façade width of 120 feet within the required build-to zone. The NX1 district, however, limits the maximum façade width for a side-by-side two-unit dwelling to 100 feet. The proposal is not aligned with the intent of the Zoning Code. Additionally, no variance applications have previously been submitted or approved to increase maximum building width in any zone district.
Planning staff is recommending denial based on the findings of the variance criteria to increase the maximum width of a two-unit dwelling front facade to 120 feet wide within the build-to zone.
APPLICATION DATA
OWNERS: Blake Newman
PURPOSE: Approval for a two-unit dwelling with a front façade width of 120 feet
LEGAL DESCRIPTION: Lots 11 & 12, Block 282, Billings Original Townsite, S33, T01 N, R26 E
ADDRESS: 724 N 17th St. (aka 1712 8th Ave. N)
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential two-family
EXISTING ZONING: NX1
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
There is no history of any variance being granted for a maximum building width increase.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: Mixed Residential 2 (NX2)
Land Use: Multi-family residential
SOUTH: Zoning: Mixed Residential 1 (NX1)
Land Use: Single family Residential
EAST: Zoning: NX1
Land Use: Residential single and two-family dwellings
WEST: Zoning: Corridor Mixed Use 1 (CMU1)
Land Use: Single family residential
STAKEHOLDERS
Planning staff notified adjacent property owners within 150 feet by mail, posted the property, and published the legal ad as required. As of the date of this staff report, no comments have been received regarding the variance. The Board of Adjustment will hold a public hearing prior to acting on the request.
ALTERNATIVES
The Board of Adjustment may:
- Approve the requested Variance 1389 and amend the findings of fact for the criteria with no conditions;
- Deny the requested Variance 1389 and adopt the staff recommended findings of fact of the criteria;
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance application to a future Board of Adjustment meeting.
FISCAL EFFECTS
Approval or denial of the proposed variance will have no effect on the Planning Division budget.
SUMMARY
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 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.
No special circumstances have been identified for this request aside from the applicant’s preference to construct a duplex with a front façade width of 120 feet, which exceeds the maximum permitted width by 20 feet. The width limitation for side-by-side units is specifically intended to reduce the visual impact of larger structures along both front- and side-facing streets. The requested increase does not meet these standards or align with the broader goal of preserving neighborhood character.
The surrounding area is a long-established neighborhood where most single-family homes include basements and most multi-family residences are two stories. Although the proposed single-story structure does not include a basement, the applicant’s desired layout of three bedrooms, two bathrooms, and a two-car garage per unit, could still be achieved by incorporating a second story rather than expanding the building footprint beyond what the zoning district allows.
The applicant has not demonstrated a property-related hardship and is seeking approval solely to construct a single-level, side-by-side duplex that exceeds the permitted width. As proposed, the structure is out of character with the surrounding development pattern. The dwelling can be designed to meet existing zoning standards, and there are no topographical or site constraints that would prevent compliance.
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.
Approval of the variance would grant the applicant a privilege not commonly enjoyed by other properties in the same zoning district. While variances for build-to zones have been approved within the City in the past, those approvals were based on demonstrated hardships related to lot size and shape of the parcels. Other variances granted in comparable districts were approved under the previous zoning code and were primarily related to lot coverage and setback standards (see attached history for additional information).
A literal interpretation of the zoning provisions would not deprive the applicant of rights commonly enjoyed by other properties in the district. Therefore, denial of a variance to allow a building width of 120 feet would not constitute a deprivation of rights. Development on other infill lots within this subdivision has proceeded in accordance with zoning requirements. The NX1 district is designed to preserve the character of the city’s established neighborhoods by accommodating single-family, two-family, and small-scale multifamily homes of three to four units. The surrounding area is a long-established neighborhood in which most single-family homes include basements and most multifamily homes are two stories.
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.
Consistent with the analysis in Criteria 2, denial of the requested variance for a 120' front facade width in the build-to zone would confer a special privilege. Several existing structures in the subdivision do not meet current build-to requirements, but the majority of structures are within the maximum building width for the district. No variances for building width standards have been granted in this subdivision or in surrounding neighborhoods. Approving the applicant’s request would therefore grant a special privilege not afforded to other properties within the same zoning district and would be inconsistent with the intent of the code.
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.
The requested variance is not consistent with the general purpose and intent of the zoning regulations or the Growth Policy. Although some existing residential structures in the subdivision do not fully conform to current standards, this does not justify granting a variance, as those structures were constructed prior to the adoption of the current zoning code. In fact, the existing homes generally comply more closely with current regulations, including the minimum and maximum building width requirements, than the applicant’s proposal.
Granting this variance would not support the intended development pattern of the NX1 zoning district, which aims to preserve the character of the city’s established neighborhoods. The proposed structure is inconsistent with the surrounding development pattern. While evaluating a single structure for full Growth Policy compliance can be challenging, the Growth Policy emphasizes infill development that preserves established neighborhood patterns. A design that exceeds zoning requirements, specifically a single-level, side-by-side two-unit dwelling with an expanded building width, is out of character with the neighborhood and diminishes desirable neighborhood design principles.
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.
Minutes will be recorded in the permanent file when completed.
2.) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. 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 Chapter;
If the Board chooses to approve Variance #1389, staff recommends the following conditions for the variance request:
4.) Under no circumstances shall the Board 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.
Granting this variance will not approve a use that is not otherwise allowed in the NX1 zoning district. Single-family and two-family residential structures are allowed in the zone district.
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.
No special circumstances have been identified for this request aside from the applicant’s preference to construct a duplex with a front façade width of 120 feet, which exceeds the maximum permitted width by 20 feet. The width limitation for side-by-side units is specifically intended to reduce the visual impact of larger structures along both front- and side-facing streets. The requested increase does not meet these standards or align with the broader goal of preserving neighborhood character.
The surrounding area is a long-established neighborhood where most single-family homes include basements and most multi-family residences are two stories. Although the proposed single-story structure does not include a basement, the applicant’s desired layout of three bedrooms, two bathrooms, and a two-car garage per unit, could still be achieved by incorporating a second story rather than expanding the building footprint beyond what the zoning district allows.
The applicant has not demonstrated a property-related hardship and is seeking approval solely to construct a single-level, side-by-side duplex that exceeds the permitted width. As proposed, the structure is out of character with the surrounding development pattern. The dwelling can be designed to meet existing zoning standards, and there are no topographical or site constraints that would prevent compliance.
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.
Approval of the variance would grant the applicant a privilege not commonly enjoyed by other properties in the same zoning district. While variances for build-to zones have been approved within the City in the past, those approvals were based on demonstrated hardships related to lot size and shape of the parcels. Other variances granted in comparable districts were approved under the previous zoning code and were primarily related to lot coverage and setback standards (see attached history for additional information).
A literal interpretation of the zoning provisions would not deprive the applicant of rights commonly enjoyed by other properties in the district. Therefore, denial of a variance to allow a building width of 120 feet would not constitute a deprivation of rights. Development on other infill lots within this subdivision has proceeded in accordance with zoning requirements. The NX1 district is designed to preserve the character of the city’s established neighborhoods by accommodating single-family, two-family, and small-scale multifamily homes of three to four units. The surrounding area is a long-established neighborhood in which most single-family homes include basements and most multifamily homes are two stories.
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.
Consistent with the analysis in Criteria 2, denial of the requested variance for a 120' front facade width in the build-to zone would confer a special privilege. Several existing structures in the subdivision do not meet current build-to requirements, but the majority of structures are within the maximum building width for the district. No variances for building width standards have been granted in this subdivision or in surrounding neighborhoods. Approving the applicant’s request would therefore grant a special privilege not afforded to other properties within the same zoning district and would be inconsistent with the intent of the code.
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.
The requested variance is not consistent with the general purpose and intent of the zoning regulations or the Growth Policy. Although some existing residential structures in the subdivision do not fully conform to current standards, this does not justify granting a variance, as those structures were constructed prior to the adoption of the current zoning code. In fact, the existing homes generally comply more closely with current regulations, including the minimum and maximum building width requirements, than the applicant’s proposal.
Granting this variance would not support the intended development pattern of the NX1 zoning district, which aims to preserve the character of the city’s established neighborhoods. The proposed structure is inconsistent with the surrounding development pattern. While evaluating a single structure for full Growth Policy compliance can be challenging, the Growth Policy emphasizes infill development that preserves established neighborhood patterns. A design that exceeds zoning requirements, specifically a single-level, side-by-side two-unit dwelling with an expanded building width, is out of character with the neighborhood and diminishes desirable neighborhood design principles.
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.
Minutes will be recorded in the permanent file when completed.
2.) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. 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 Chapter;
If the Board chooses to approve Variance #1389, staff recommends the following conditions for the variance request:
- The variance is to allow a variance from Section 27-307, Table 27-300.6 requiring a maximum front building width in the build-to-zone for side-by-side attached dwelling units of 100 feet to allow a maximum of 120 feet on a side-by-side duplex dwelling in a Mixed Residential 1 (NX1) zone. No other variance is intended or implied with this approval.
- The variance is limited to Lots 11 and 12, Block 282, Billings Original Townsite.
- The site will be developed in substantial conformance to the site plan submitted.
- The applicant shall meet all other city code requirements with the exception of this variance.
- The property owner must submit and receive approval of building permits within 1 year of approval of this variance, and complete construction on the lots within 2 years.
- Failure to complete the requirements of these conditions shall void the 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, leaseholders, heirs and assigns.
There would be no time limit with a recommendation of denial. If the Board of Adjustment decides to make different findings and conditionally approve the application using the staff recommended conditions of approval, the property owner must submit and receive approval of building permits within one (1) year of approval of this variance and complete construction on the lots within two (2) years.
4.) Under no circumstances shall the Board 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.
Granting this variance will not approve a use that is not otherwise allowed in the NX1 zoning district. Single-family and two-family residential structures are allowed in the zone district.