a.
City Board of Adjustment
- Meeting Date:
- 02/04/2026
- SUBJECT
- City Variance 1390-802 S 26th St. – Building expansion and Side Street Build to Zone
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1390 - 802 S 26th St - a requested variance from Section 27-405, Table 27-400.2.A.5 requiring a Side Street Build To Zone of 5-10 feet to allow a zero (0) foot setback to the property line, and from Section 27-1503.A.2 to allow an increase in the size of the building that currently does not meet the front build to zone or build to corner requirements in a Downtown Support (DX) zone, on Lots 1 - 12, Block 230, Billings Original Townsite, (LESS FRAC 184 SQ FT LT 1) & (LESS ROW) S03, T01 S, R26 E, an approximately 41,682 sq. ft. parcel of land. The purpose of the variance is to allow an addition to their existing facility of 2,910 sq. ft. and would allow a zero (0) foot side street build-to setback where a 5-10 foot Side Street Build-To Zone is required.
RECOMMENDATION
Planning staff recommends conditional approval of the variance from Section 27-405, Table 27-400.2.A.5 requiring a Side Street Build To Zone of 5-10 feet to allow a zero (0) foot setback to the property line, and from Section 27-1503.A.2 to allow an increase in the size of the building that currently does not meet the build to zone or build to corner requirements in a Downtown Support (DX) zone.
APPLICATION DATA
OWNERS: Grains of Montana Bakery Operations, Inc.
AGENT: Michael Burke, HGFA
PURPOSE: To add 2,910 sq. ft. of additional space to increase production and efficiency
LEGAL DESCRIPTION: Lots 1 - 12, Block 230, Billings Original Townsite S3, T01S, R 26E.
ADDRESS: 802 S 26th St.
EXISTING LAND USE: Grains of Montana Bakery - with distribution center for product transport
PROPOSED LAND USE: Same with expanded space for additional productivity
EXISTING ZONING: Downtown Support (DX)
AGENT: Michael Burke, HGFA
PURPOSE: To add 2,910 sq. ft. of additional space to increase production and efficiency
LEGAL DESCRIPTION: Lots 1 - 12, Block 230, Billings Original Townsite S3, T01S, R 26E.
ADDRESS: 802 S 26th St.
EXISTING LAND USE: Grains of Montana Bakery - with distribution center for product transport
PROPOSED LAND USE: Same with expanded space for additional productivity
EXISTING ZONING: Downtown Support (DX)
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See attachments.
SURROUNDING LAND USE & ZONING
NORTH:
Zoning: Public, Civic and Institutions (P2)
Land Use: Womans correctional facility
SOUTH:
Land Use: Womans correctional facility
Zoning: Downtown Support (DX)
Land Use: Smith Funeral Chapel
EAST:
Land Use: Smith Funeral Chapel
Zoning: Public, Civic and Institutions (P2)
Land Use: United States Postal Service
WEST:
Land Use: United States Postal Service
Zoning: Downtown Support (DX)
Land Use: Billings Chamber of Commerce
BACKGROUND
The purpose of the variance request is to allow a 2,910-square-foot addition to the existing facility and to permit a zero (0)-foot side street build-to setback where a 5–10-foot Side Street Build-To Zone is required. The subject property has street frontage on three sides, which makes it impractical to meet all build-to requirements along each frontage. The applicant has stated that the build-to standards cannot be met due to the operational needs of the bakery and its distribution preparation area, as well as the site’s circulation and frontage configuration. The existing structure was constructed prior to the adoption of the current build-to zone standards in the zoning code and does not comply with the DX zone district build-to requirements. Specifically, the structure does not meet the required front lot line build-to zone of 5–15 feet or the side street build-to zone of 5–10 feet, and the build-to-corner requirement. The requested variance would allow the proposed additional 2,910 sq. ft. of building to be constructed within the minimum five (5)-foot setback described in the Side Street Build-To Zone standards.
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:
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
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 1390 and adopt the staff's recommended findings of fact of the criteria and conditions of approval;
- Approve the requested Variance 1390 and adopt the staff's recommended findings of fact of the criteria;
- Deny the requested Variance 1390 and adopt new 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.
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 at 802 S. 26th Street is zoned Downtown Support (DX) and contains an existing structure that supports its current use as a bakery. The DX district standards for front and side street lot line coverage and build-to zones are primarily intended to accommodate pedestrian-oriented retail or office uses. When applied literally to this parcel, these standards would prevent safe vehicle queuing and circulation, diminish the functionality of the existing pedestrian entry plaza, and limit the area available for required landscaping. Due to the site’s size, multiple street frontages, and the operational requirements of a bakery, the building cannot reasonably comply with all placement standards without creating safety and design conflicts. Additionally, this site is already developed in conformance with the former zoning code requirements and bringing the structure to comply with current standards would be a significant hardship for this property. These circumstances are unique to this property and use and are not generally experienced by other DX-zoned parcels that do not require regular loading and unloading of material goods. The hardship is not self-imposed but results from the interaction of the zoning standards with the specific operational needs of a bakery that includes a distribution component. The building addition will increase productivity and delivery capabilities. Large-scale delivery and shipping vehicles require additional space for circulation, maneuvering, and parking to safely accommodate loading and unloading activities. There are multiple properties in the vicinity that do not meet the current build to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property.
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 DX standards would require the building to meet the 5 to 10 foot street side build-to zone. For an existing bakery with an established structure, it would be difficult to meet the minimum 5-foot build-to zone and have adequate circulation space for regular loading and unloading of material goods. Denying flexibility here would deprive the applicant of the ability to reasonably operate the bakery to its full extent. That includes delivery of goods 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. There are several examples of variances granted for "build-to" zone requirements. There are multiple properties in the vicinity that do not meet the current build-to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property.
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.
Similar to Criteria 1 and 2, granting the requested variance would not create a special privilege for the applicant. There are multiple properties in the vicinity that do not meet the current build-to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property. Other properties in the district have received variances when unique site or use conditions limited their ability to meet all placement standards (examples in history). In this case, the variance allows the bakery to function safely and effectively while still meeting the broader goals of the DX 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 and expansion of the bakery. 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.
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. This is an established parcel with unique site characteristics. Approval of this variance will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The actual front of the building faces 8th Ave. S. so the appearance of the structure itself will be the most prominent feature from the 8th Ave. frontage. A variance from the required "side street build-to" 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. The addition to the building would be aesthetically pleasing and adhere to the zoning code and Growth Policy intent to promote neighborhood character and uniform design. Therefore, granting a variance from Section 27-405, Table 27-400.2.A.5 requiring a Side Street Build-To Zone of 5-10 feet to allow a zero (0) foot setback to the property line, and from Section 27-1503.A.2 to allow an increase in the size of the building that currently does not meet the build to zone or build to corner requirements in a Downtown Support (DX) zone.
Strong Neighborhoods
Neighborhoods that are safe and attractive and provide essential services are much desired.
Grains of Montana Bakery is a long-established business in Billings that provides products and services to the Billings area and surrounding communities. The proposed addition would not result in an unattractive expansion of the existing structure; rather, it would be designed to complement and enhance the building’s existing, aesthetically pleasing character.
Prosperity
Successful businesses that provide local jobs benefit the community.
Grains of Montana Bakery is a long-established and well-recognized business in Billings that has served the community for many years by providing locally produced baked goods and related services to residents, businesses, and institutions throughout Billings and the surrounding region. The bakery plays an important role in the local economy and contributes to the character of the area by supporting local employment, food distribution, and small-business activity. The proposed expansion would provide additional space necessary to improve productivity, efficiency, and workflow within the existing operation, allowing the business to better meet current demand and plan for future growth. Increased space for production and distribution activities may result in the creation of additional jobs, both directly through expanded staffing needs and indirectly through increased use of local suppliers and services. Overall, the continued investment in and expansion of Grains of Montana Bakery has the potential to generate positive economic impacts and provide ongoing benefits to the Billings community and surrounding areas.
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:
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 DX zoning district. The bakery is a permitted use in this district and the proposed addition would not change the existing use as a bakery.
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 802 S. 26th Street is zoned Downtown Support (DX) and contains an existing structure that supports its current use as a bakery. The DX district standards for front and side street lot line coverage and build-to zones are primarily intended to accommodate pedestrian-oriented retail or office uses. When applied literally to this parcel, these standards would prevent safe vehicle queuing and circulation, diminish the functionality of the existing pedestrian entry plaza, and limit the area available for required landscaping. Due to the site’s size, multiple street frontages, and the operational requirements of a bakery, the building cannot reasonably comply with all placement standards without creating safety and design conflicts. Additionally, this site is already developed in conformance with the former zoning code requirements and bringing the structure to comply with current standards would be a significant hardship for this property. These circumstances are unique to this property and use and are not generally experienced by other DX-zoned parcels that do not require regular loading and unloading of material goods. The hardship is not self-imposed but results from the interaction of the zoning standards with the specific operational needs of a bakery that includes a distribution component. The building addition will increase productivity and delivery capabilities. Large-scale delivery and shipping vehicles require additional space for circulation, maneuvering, and parking to safely accommodate loading and unloading activities. There are multiple properties in the vicinity that do not meet the current build to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property.
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 DX standards would require the building to meet the 5 to 10 foot street side build-to zone. For an existing bakery with an established structure, it would be difficult to meet the minimum 5-foot build-to zone and have adequate circulation space for regular loading and unloading of material goods. Denying flexibility here would deprive the applicant of the ability to reasonably operate the bakery to its full extent. That includes delivery of goods 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. There are several examples of variances granted for "build-to" zone requirements. There are multiple properties in the vicinity that do not meet the current build-to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property.
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.
Similar to Criteria 1 and 2, granting the requested variance would not create a special privilege for the applicant. There are multiple properties in the vicinity that do not meet the current build-to zone requirements applicable in the district, specifically the US postal service to the east, the woman's prison directly to the north, and the Chamber of Commerce building directly west of the subject property. Other properties in the district have received variances when unique site or use conditions limited their ability to meet all placement standards (examples in history). In this case, the variance allows the bakery to function safely and effectively while still meeting the broader goals of the DX 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 and expansion of the bakery. 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.
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. This is an established parcel with unique site characteristics. Approval of this variance will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The actual front of the building faces 8th Ave. S. so the appearance of the structure itself will be the most prominent feature from the 8th Ave. frontage. A variance from the required "side street build-to" 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. The addition to the building would be aesthetically pleasing and adhere to the zoning code and Growth Policy intent to promote neighborhood character and uniform design. Therefore, granting a variance from Section 27-405, Table 27-400.2.A.5 requiring a Side Street Build-To Zone of 5-10 feet to allow a zero (0) foot setback to the property line, and from Section 27-1503.A.2 to allow an increase in the size of the building that currently does not meet the build to zone or build to corner requirements in a Downtown Support (DX) zone.
Strong Neighborhoods
Neighborhoods that are safe and attractive and provide essential services are much desired.
Grains of Montana Bakery is a long-established business in Billings that provides products and services to the Billings area and surrounding communities. The proposed addition would not result in an unattractive expansion of the existing structure; rather, it would be designed to complement and enhance the building’s existing, aesthetically pleasing character.
Prosperity
Successful businesses that provide local jobs benefit the community.
Grains of Montana Bakery is a long-established and well-recognized business in Billings that has served the community for many years by providing locally produced baked goods and related services to residents, businesses, and institutions throughout Billings and the surrounding region. The bakery plays an important role in the local economy and contributes to the character of the area by supporting local employment, food distribution, and small-business activity. The proposed expansion would provide additional space necessary to improve productivity, efficiency, and workflow within the existing operation, allowing the business to better meet current demand and plan for future growth. Increased space for production and distribution activities may result in the creation of additional jobs, both directly through expanded staffing needs and indirectly through increased use of local suppliers and services. Overall, the continued investment in and expansion of Grains of Montana Bakery has the potential to generate positive economic impacts and provide ongoing benefits to the Billings community and surrounding areas.
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 to allow a 2,910 sq. ft. addition and from DX zoning requirements for street-side build-to zone as depicted on the submitted site plan. Specifically, a variance from Section 27-405, Table 27-400.2.A.5, which requires a Side Street Build-To Zone of 5–10 feet, to allow a zero (0)-foot setback to the side street property line, and from Section 27-1503.A.2 to allow an increase in the size of an existing building that does not meet current building site location requirements within the Downtown Support (DX) zoning district. No other variance is intended or implied.
2. The variance is limited to Lots 1 - 12, Block 230, Billings Original Townsite, (LESS FRAC 184 SQ FT LT 1) & (LESS ROW) S03, T01 S, R26 E, an approximately 41,682 sq. ft. parcel of land.
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 and building 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 variance is limited to Lots 1 - 12, Block 230, Billings Original Townsite, (LESS FRAC 184 SQ FT LT 1) & (LESS ROW) S03, T01 S, R26 E, an approximately 41,682 sq. ft. parcel of land.
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 and building 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 DX zoning district. The bakery is a permitted use in this district and the proposed addition would not change the existing use as a bakery.
RECOMMENDATION
Planning staff recommends conditional approval of a variance from Section 27-405, Table 27-400.2.A.5, which requires a Side Street Build-To Zone of 5–10 feet, to allow a zero (0)-foot setback to the side street property line, and from Section 27-1503.A.2 to allow an increase in the size of an existing building that does not meet current building site location requirements within the Downtown Support (DX) zoning district.