Variance #1212 – This is a variance from 27-602 requiring any new structure be setback 70 feet to the centerline of a minor arterial street to allow a 65 foot setback to the centerline of Poly Drive for a new home in a Residential 9,600 (R-96) zone, on Lot 41, Block 3, Poly Vista Estates Subdivision, a 11,718 square foot parcel of land. 

The Planning Division recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1212.

OWNER: Lais Development
AGENT: Dave and Barbara Hawkins
LEGAL DESCRIPTION: Lot 41, Block 3, Poly Vista Estates
ADDRESS: 3759 Poly Drive
CURRENT ZONING: R-96
EXISTING LAND USE: Single family residence under construction
PROPOSED USE: same with additional garage space
SIZE OF PARCEL: 11,718 square feet

None.

The BOA has approved 1 variance in Poly Vista Estates Subdivision for a fence taller than 6 feet on a common property line. There are 2 variances granted in Reimers Park Subdivision to reduce the arterial setback from 80 feet to the centerline of Rimrock Road. Three other variances have been granted in the area for side setbacks or lot area but not for arterial setbacks. The BOA approved an arterial setback variance for 1905 Poly Drive on February 4, 2015.

NORTH:	Zoning: R-96 Land Use: Single family residence
SOUTH:	Zoning: R-96 Land Use: Single family residence
EAST:	Zoning: R-96 Land Use: Single family residence
WEST:	Zoning: R-96 Land Use: Single family residence

The applicants are constructing a new home at 3759 Poly Drive and desire to include a 3 car garage. The proposed 3rd stall on the garage will intrude 5 feet into the required arterial centerline setback of 70 feet. The applicant modified the building plans to remove the 3rd stall from the garage while the variance is pending. Poly Drive is a minor arterial street and the zoning regulations require a 70 foot setback from the centerline for any new residential structure. Many of the adjacent properties were constructed prior to this arterial setback requirement. Poly Drive ends at 38th Street West and this section of the street west of Zimmerman Trail is not as heavily traveled as the eastern section of Poly Drive. The intent of the arterial setback requirements is to ensure residential homes or structures do not need to be purchased in the future if the road is expanded. The City intends to re-construct this section of Poly Drive west of Zimmerman Trail this summer.

The Planning Division discovered 26 residences built within the required arterial setback on Poly Drive from Zimmerman Trail to 38th Street West. (Please see the Site Photos Attachment). The property itself does not present a hardship as a result of topography or lot shape. The lot is large enough for the residence and meets all the other requirements for setbacks, lot coverage and building height. Denying this variance would result in depriving this owner of rights commonly enjoyed by many other property owners within the area. The city does not have plans to expand Poly Drive west of 38th Street West. The BOA has previously approved arterial setback variances in this area of Billings including a variance for 1905 Poly Drive on February 4, 2015. The requested variance is similar to the variance granted in February. Approval of the variance will not confer a special privilege to this applicant that is denied to other property in the area. The Planning Division is recommending conditions of approval that ensure the project is in harmony with the existing neighborhood.