a.
Consolidated Yellowstone County Zoning Commission
- Meeting Date:
- 03/12/2026
- SUBJECT
- County Variance 303 - 1835 Briarwood Blvd.
- THROUGH:
- Makayla Paul
- PRESENTED BY:
- Makayla Paul, Planner
REQUEST
County Variance 303 is a variance from Section 27-903.A - Table 27-900.1 requiring a minimum lot area of 10 acres in Agriculture (A) zone, to allow a lot area of 8.1914 acres, for a proposed family transfer on an unplatted parcel of land in Section 25, T1S, R26E, a parcel approximately 20.35 acres.
RECOMMENDATION
Planning Staff has reviewed this application and is forwarding a recommendation of approval based on the determinations for review within this report and the criteria outlined in the Yellowstone County Zoning Regulations Section 27-1626.D.
APPLICATION DATA
OWNER: Mark P. & Christine Boone
AGENT: Randall Kehl
LEGAL DESCRIPTION: S25, T01 S, R26 E, E2SW4SW4
ADDRESS: 1835 Briarwood Boulevard
CURRENT ZONING: Agriculture
EXISTING LAND USE: Agriculture and Residential
PROPOSED USE: Agriculture and Residential
SIZE OF PARCEL: 20.35 Acres
AGENT: Randall Kehl
LEGAL DESCRIPTION: S25, T01 S, R26 E, E2SW4SW4
ADDRESS: 1835 Briarwood Boulevard
CURRENT ZONING: Agriculture
EXISTING LAND USE: Agriculture and Residential
PROPOSED USE: Agriculture and Residential
SIZE OF PARCEL: 20.35 Acres
CONCURRENT APPLICATIONS
There is one concurrent application as project number PZX-25-00266. This is a County Exempt Plat for a family transfer.
APPLICABLE ZONING HISTORY
See attachments.
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Agriculture (A)
Land Use: Residential/Agriculture
SOUTH: Zoning: Agriculture
Land Use: Residential/Agriculture
EAST: Zoning: Agriculture
Land Use: Residential/Agriculture
WEST: Zoning: Agriculture
Land Use: Residential/Agriculture
Land Use: Residential/Agriculture
SOUTH: Zoning: Agriculture
Land Use: Residential/Agriculture
EAST: Zoning: Agriculture
Land Use: Residential/Agriculture
WEST: Zoning: Agriculture
Land Use: Residential/Agriculture
BACKGROUND
This is a request for a variance from Section 27-903.A, Table 27-900.1 of the Zoning Code, which requires a minimum lot area of 10 acres within the Agricultural (A) zoning district. The request applies to an unplatted parcel of land located in Section 25, Township 1 South, Range 26 East, a parcel of approximately 20.35-acres. The variance is requested to facilitate a family land transfer and to allow the creation of two tracts that are currently separated by a private road easement, Briarwood Boulevard.
The applicant identified a hardship associated with the physical configuration of the property, specifically that Briarwood Boulevard bisects the parcel. If the proposed southern parcel were increased to meet the 10-acre minimum, it would result in a narrow strip of land approximately 75 feet wide extending from Briarwood Boulevard along the eastern property line to the northern boundary. Staff finds this configuration would not be reasonable or practical for typical agricultural/residential use and a hardship to the property.
An existing barn/garage is located on the north side of Briarwood Boulevard, which the applicant intends to retain and continue to utilize. The applicant stated that both resulting tracts will continue to be used for agricultural purposes and that dividing the property along Briarwood Boulevard will improve fencing opportunities for livestock management.
The Agricultural (A) zoning district is intended to protect and preserve agricultural lands by encouraging agricultural pursuits, limiting the scattered intrusion of incompatible uses, and addressing environmental concerns. The 10-acre minimum lot size supports these objectives by helping to maintain the integrity of agricultural lands; however, minor variations in parcel size would not inhibit continued agricultural use. The intent for both parcels is to remain in small-scale agricultural use, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing.
Given the unique physical constraints of the property, the continued agricultural use of both tracts, and the lack of adverse impacts to surrounding lands, staff finds the variance request to be reasonable. Therefore, staff recommends approval of the variance based on the findings of the review criteria detailed in the summary section of this report.
The applicant identified a hardship associated with the physical configuration of the property, specifically that Briarwood Boulevard bisects the parcel. If the proposed southern parcel were increased to meet the 10-acre minimum, it would result in a narrow strip of land approximately 75 feet wide extending from Briarwood Boulevard along the eastern property line to the northern boundary. Staff finds this configuration would not be reasonable or practical for typical agricultural/residential use and a hardship to the property.
An existing barn/garage is located on the north side of Briarwood Boulevard, which the applicant intends to retain and continue to utilize. The applicant stated that both resulting tracts will continue to be used for agricultural purposes and that dividing the property along Briarwood Boulevard will improve fencing opportunities for livestock management.
The Agricultural (A) zoning district is intended to protect and preserve agricultural lands by encouraging agricultural pursuits, limiting the scattered intrusion of incompatible uses, and addressing environmental concerns. The 10-acre minimum lot size supports these objectives by helping to maintain the integrity of agricultural lands; however, minor variations in parcel size would not inhibit continued agricultural use. The intent for both parcels is to remain in small-scale agricultural use, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing.
Given the unique physical constraints of the property, the continued agricultural use of both tracts, and the lack of adverse impacts to surrounding lands, staff finds the variance request to be reasonable. Therefore, staff recommends approval of the variance based on the findings of the review criteria detailed in the summary section of this report.
SUMMARY
The Yellowstone County Consolidated Zoning Commission shall make the following determinations prior to granting a variance:
Section 27-1626(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 hardship identified by the applicant, Briarwood Boulevard bisecting the property, is a condition inherent to the land and is unique to the subject parcel and nearby properties along the roadway. The private road easement creates a special condition where strict application of the minimum lot size requirement would result in a hardship, particularly associated with the desired fencing for each side of the road.
As illustrated on the attached zoning map, all but one property along Briarwood Boulevard are similarly separated by Briarwood Boulevard, further demonstrating that the roadway configuration is a defining physical characteristic of the area. Staff finds that this condition supports the variance request, as the hardship is not self-created and arises from the physical layout of the land rather than the applicant’s actions.
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;
Denying this variance would deprive the applicant of rights commonly enjoyed by other properties within the Agricultural (A) District. As the applicant mentioned in their letter, splitting the parcels along Briarwood Boulevard would assist with fencing ease for animals. The applicant also states that if they extended the southern parcel to the north to meet the 10-acre minimum, they would have to demolish the existing barn/garage, and they do not wish to demolish the structure. The intent for both parcels is to remain in small-scale agricultural use, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing. Allowing a reduction to 8.1914 acres through this variance would allow the applicant rights commonly enjoyed by others in the surrounding area. In the surrounding area, staff is aware of other parcels that are also under 10 acres and zoned Agriculture along Briarwood Boulevard. There are two parcels that were platted in 1986 each parcel under 10 acres, 2111 Briarwood Boulevard (9.996 acres) and 2137 Briarwood Boulevard (9.99 acres). These parcels are still separated by the private road easement. In 2015, C.S. 3606 approved a 9.356 acre parcel on Briarwood Boulevard. This parcel is the only parcel not separated by the private road easement. Additionally, the Board of Adjustment has historically granted variances allowing for lot sizes less than 10 acres in Agriculture zoning. All of these instances are outlined in the attached 'History' document. The lot sizes have ranged as small as 1.8 acres. Therefore, denying this variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district due to the established precedent.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Similar to 1 and 2 above, the zoning regulations mandate a minimum lot size of 10 acres and are designed to protect and preserve agricultural lands by promoting agricultural activities, limiting the scattered intrusion of incompatible uses, and addressing environmental concerns. The 10-acre minimum lot size supports these objectives by helping maintain the integrity of agricultural lands; however, minor variations in parcel size would not impede continued agricultural use. Both parcels are intended to remain in small-scale agricultural production, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing. Allowing a reduction to 8.1914 acres through this variance would not confer a special privilege on the applicant that is inconsistent with the standard requirements applied to other properties in the district. In the surrounding area, staff is aware of other parcels that are also under 10 acres and zoned Agriculture along Briarwood Boulevard. There are two parcels that were platted in 1986 each parcel under 10 acres, 2111 Briarwood Boulevard (9.996 acres) and 2137 Briarwood Boulevard (9.99 acres). These parcels are still separated by the road. In 2015, C.S. 3606 approved a 9.356 acre parcel on Briarwood Boulevard. This parcel is the only parcel not separated by the road. In recent years, the Board of Adjustment (now the Yellowstone County Consolidated Zoning Commission) has set a precedent for approving variances that set a new level of non-conformity, Variance 299 was approved in 2024 to allow a lot area of 2.37 acres, for Tract 1, C/S 2142 in Section 10, T1S, R25E, a 9.54-acre parcel of land and Variance 301 was approved in 2025 to allow a 1.8 acre parcel in a Agriculture (A) zone, on Parcels 4 & 5 of C/S 699, an 20-acre parcel of land. The purpose of the requested variance is to allow a family transfer and creation of two parcels separated by Briarwood Boulevard, a private road easement. This variance would allow a parcel that is close to the zoning regulation of a minimum lot size of 10 acres in the Agricultural (A) district. The applicant intends to continue to use the land for agricultural uses.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
Granting the requested variance would be consistent with both the intent of the zoning regulations and the goals outlined in the Growth Policy, supporting predictable and orderly land use decisions that align with the character of the surrounding area. The Agricultural (A) zoning district is specifically designed to protect and preserve agricultural lands, providing for a wide range of agricultural activities while minimizing the introduction of uses that are incompatible with an agricultural environment. Its objectives include encouraging continued agricultural production, maintaining the rural landscape, and safeguarding environmental resources.
The 10-acre minimum lot size within the district is intended to preserve the integrity of agricultural lands, ensuring that parcels remain large enough to support viable agricultural operations. However, minor deviations from this minimum lot size do not inherently prevent the land from being used for agricultural purposes. Both parcels under consideration will continue to be utilized for small-scale agricultural operations, with existing structures supporting these activities and land being actively used for livestock grazing.
The requested variance would allow these parcels to continue in their current agricultural use without compromising the district’s primary goals. By permitting a slight adjustment in lot size due to an existing road easement, the variance would maintain the continuity of agricultural activities, protect environmental resources, and support the preservation of the rural character of the area. It would also promote practical land management, enabling property owners to make efficient use of existing agricultural buildings and land while remaining consistent with the broader vision for sustainable agricultural development in the county. Overall, the variance aligns with the purpose of the Agricultural (A) district and supports long-term agricultural viability and community character.
Per Section 27-1626 (E): The following also apply:
1. Whenever the Consolidated Yellowstone County Zoning Commission grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The minutes of the meeting will be completed and the criteria will be reflected within them.
2. In granting any variance, the Consolidated Yellowstone County Zoning Commission 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 approval of this variance request.
The time for the prescribed action to be completed is listed as a condition of approval for the application.
4. Under no circumstances shall the Consolidated Yellowstone County Zoning Commission grant a variance to allow a use not permissible under the terms of this chapter in the district involved.
The variance is permissible under other terms of this chapter.
5. Approval of this variance will not allow a use that is restricted under the terms of this chapter.
The requested variance would allow these parcels to continue in their current agricultural use allowed in the district without compromising the district’s primary goals. By permitting a slight adjustment in lot size due to an existing road easement, the variance would maintain the continuity of agricultural activities, protect environmental resources, and support the preservation of the rural character of the area.
FISCAL EFFECTS
Approval or denial of the proposed variance will not have an effect on the Planning Division budget.
STAKEHOLDERS
Planning staff posted the zoning request sign on the property and mailed the 150 foot radius notification list of the pending variance. In addition, the application details were published on the Planning "current zoning applications" webpage and a legal ad was published in the newspaper of record. Planning staff has received one written comment on the application as of the date of this report.
ALTERNATIVES
The Consolidated Yellowstone County Zoning Commission may:
Section 27-1626(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 hardship identified by the applicant, Briarwood Boulevard bisecting the property, is a condition inherent to the land and is unique to the subject parcel and nearby properties along the roadway. The private road easement creates a special condition where strict application of the minimum lot size requirement would result in a hardship, particularly associated with the desired fencing for each side of the road.
As illustrated on the attached zoning map, all but one property along Briarwood Boulevard are similarly separated by Briarwood Boulevard, further demonstrating that the roadway configuration is a defining physical characteristic of the area. Staff finds that this condition supports the variance request, as the hardship is not self-created and arises from the physical layout of the land rather than the applicant’s actions.
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;
Denying this variance would deprive the applicant of rights commonly enjoyed by other properties within the Agricultural (A) District. As the applicant mentioned in their letter, splitting the parcels along Briarwood Boulevard would assist with fencing ease for animals. The applicant also states that if they extended the southern parcel to the north to meet the 10-acre minimum, they would have to demolish the existing barn/garage, and they do not wish to demolish the structure. The intent for both parcels is to remain in small-scale agricultural use, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing. Allowing a reduction to 8.1914 acres through this variance would allow the applicant rights commonly enjoyed by others in the surrounding area. In the surrounding area, staff is aware of other parcels that are also under 10 acres and zoned Agriculture along Briarwood Boulevard. There are two parcels that were platted in 1986 each parcel under 10 acres, 2111 Briarwood Boulevard (9.996 acres) and 2137 Briarwood Boulevard (9.99 acres). These parcels are still separated by the private road easement. In 2015, C.S. 3606 approved a 9.356 acre parcel on Briarwood Boulevard. This parcel is the only parcel not separated by the private road easement. Additionally, the Board of Adjustment has historically granted variances allowing for lot sizes less than 10 acres in Agriculture zoning. All of these instances are outlined in the attached 'History' document. The lot sizes have ranged as small as 1.8 acres. Therefore, denying this variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district due to the established precedent.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Similar to 1 and 2 above, the zoning regulations mandate a minimum lot size of 10 acres and are designed to protect and preserve agricultural lands by promoting agricultural activities, limiting the scattered intrusion of incompatible uses, and addressing environmental concerns. The 10-acre minimum lot size supports these objectives by helping maintain the integrity of agricultural lands; however, minor variations in parcel size would not impede continued agricultural use. Both parcels are intended to remain in small-scale agricultural production, utilizing the existing agricultural buildings and continuing the use of the land for livestock grazing. Allowing a reduction to 8.1914 acres through this variance would not confer a special privilege on the applicant that is inconsistent with the standard requirements applied to other properties in the district. In the surrounding area, staff is aware of other parcels that are also under 10 acres and zoned Agriculture along Briarwood Boulevard. There are two parcels that were platted in 1986 each parcel under 10 acres, 2111 Briarwood Boulevard (9.996 acres) and 2137 Briarwood Boulevard (9.99 acres). These parcels are still separated by the road. In 2015, C.S. 3606 approved a 9.356 acre parcel on Briarwood Boulevard. This parcel is the only parcel not separated by the road. In recent years, the Board of Adjustment (now the Yellowstone County Consolidated Zoning Commission) has set a precedent for approving variances that set a new level of non-conformity, Variance 299 was approved in 2024 to allow a lot area of 2.37 acres, for Tract 1, C/S 2142 in Section 10, T1S, R25E, a 9.54-acre parcel of land and Variance 301 was approved in 2025 to allow a 1.8 acre parcel in a Agriculture (A) zone, on Parcels 4 & 5 of C/S 699, an 20-acre parcel of land. The purpose of the requested variance is to allow a family transfer and creation of two parcels separated by Briarwood Boulevard, a private road easement. This variance would allow a parcel that is close to the zoning regulation of a minimum lot size of 10 acres in the Agricultural (A) district. The applicant intends to continue to use the land for agricultural uses.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
Granting the requested variance would be consistent with both the intent of the zoning regulations and the goals outlined in the Growth Policy, supporting predictable and orderly land use decisions that align with the character of the surrounding area. The Agricultural (A) zoning district is specifically designed to protect and preserve agricultural lands, providing for a wide range of agricultural activities while minimizing the introduction of uses that are incompatible with an agricultural environment. Its objectives include encouraging continued agricultural production, maintaining the rural landscape, and safeguarding environmental resources.
The 10-acre minimum lot size within the district is intended to preserve the integrity of agricultural lands, ensuring that parcels remain large enough to support viable agricultural operations. However, minor deviations from this minimum lot size do not inherently prevent the land from being used for agricultural purposes. Both parcels under consideration will continue to be utilized for small-scale agricultural operations, with existing structures supporting these activities and land being actively used for livestock grazing.
The requested variance would allow these parcels to continue in their current agricultural use without compromising the district’s primary goals. By permitting a slight adjustment in lot size due to an existing road easement, the variance would maintain the continuity of agricultural activities, protect environmental resources, and support the preservation of the rural character of the area. It would also promote practical land management, enabling property owners to make efficient use of existing agricultural buildings and land while remaining consistent with the broader vision for sustainable agricultural development in the county. Overall, the variance aligns with the purpose of the Agricultural (A) district and supports long-term agricultural viability and community character.
Per Section 27-1626 (E): The following also apply:
1. Whenever the Consolidated Yellowstone County Zoning Commission grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The minutes of the meeting will be completed and the criteria will be reflected within them.
2. In granting any variance, the Consolidated Yellowstone County Zoning Commission 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 approval of this variance request.
- The variance from Section 27-903.A, Table 27-900.1 of the zoning code, which requires a minimum lot area of 10 acres within the Agriculture (A) zoning district, to allow a reduced lot area of 8.1914 acres for one of two tracts being created. The request applies to an unplatted portion of land located in S25, T1S, R26E within a parcel containing approximately 20 acres. The variance is requested to facilitate a family transfer and to create two parcels that are currently separated by a private road easement. No other variance is intended or implied with this approval.
- The variance is limited to S25, T01 S, R26 E, E2SW4SW4, generally described as 1835 Briarwood Boulevard.
- The applicants will complete the filing of the exempt plat process within six months of Consolidated Yellowstone County Zoning Commission approval.
- The applicant shall meet all other state and county code requirements with the exception of this variance.
- Provided all conditions of approval are met, the approval shall run with the land described herein and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs, and assigns. Failure to meet these conditions will void this variance.
The time for the prescribed action to be completed is listed as a condition of approval for the application.
4. Under no circumstances shall the Consolidated Yellowstone County Zoning Commission grant a variance to allow a use not permissible under the terms of this chapter in the district involved.
The variance is permissible under other terms of this chapter.
5. Approval of this variance will not allow a use that is restricted under the terms of this chapter.
The requested variance would allow these parcels to continue in their current agricultural use allowed in the district without compromising the district’s primary goals. By permitting a slight adjustment in lot size due to an existing road easement, the variance would maintain the continuity of agricultural activities, protect environmental resources, and support the preservation of the rural character of the area.
FISCAL EFFECTS
Approval or denial of the proposed variance will not have an effect on the Planning Division budget.
STAKEHOLDERS
Planning staff posted the zoning request sign on the property and mailed the 150 foot radius notification list of the pending variance. In addition, the application details were published on the Planning "current zoning applications" webpage and a legal ad was published in the newspaper of record. Planning staff has received one written comment on the application as of the date of this report.
ALTERNATIVES
The Consolidated Yellowstone County Zoning Commission may:
- Approve the requested Variance 303 and the findings of fact for the criteria with conditions; (conditions may be modified or removed)
- Deny the requested Variance 303 and amend the findings of fact for the criteria;
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance application to a future meeting.
RECOMMENDATION
Planning Staff has reviewed this application and is forwarding a recommendation of conditional approval of Variance 303 based on the determinations for review within this report.