A.
County Board of Adjustment
- Meeting Date:
- 04/09/2015
- SUBJECT
- County Variance 273 1810/1824 Lenhardt Lane
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
County Variance #273: This is a variance from 27-308 requiring a minimum lot area of 10 acres to allow a lot area of 8.365 acres and 3.29 acres in an Agriculture-Open Space (A-1) zone on Tract 3A and Tract 3B of C/S 2085, a 5.829 acre and 5.828 acre parcels of land respectively. Tax IDs: D04723J and D04723B Mark and Lisa Lenhardt, owners and Blueline Engineering, agent.
RECOMMENDATION
The Planning Division is forwarding a recommendation of conditional approval.
APPLICATION DATA
| OWNER: Mark and Lisa Lenhardt | |
| AGENT: Blueline Engineering | |
| LEGAL DESCRIPTION: Tract 3A and Tract 3B of C/S 2085 | |
| ADDRESS: 1810 / 1824 Lenhardt Lane | |
| CURRENT ZONING: A-1 | |
| EXISTING LAND USE: Residential | |
| PROPOSED USE: Residential | |
| SIZE OF PARCEL: 5.829 acres and 5.828 acres |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
Subject Property
Variance #117 – A variance from Section 27-308 requiring a minimum lot size of 10 acres to allow a minimum lot size of 5.829 and 5.828 on Tracts 3A and 3B was granted on 05-13-1988.
Surrounding Property
Variance #182 – A variance from Section 27-308 requiring a minimum lot size of 10 to allow a minimum lot size of 9.917 acres and 1 acre on Tract 7B and 7A respectively was granted on 11-12-1997.
Variance #246 – A variance from Section 27-308 requiring a minimum lot size of 10 to allow a minimum lot size of 1.002 and 9.19 on Tracts 8B and 8A respectively was granted 01-24-2005.
Variance #117 – A variance from Section 27-308 requiring a minimum lot size of 10 acres to allow a minimum lot size of 5.829 and 5.828 on Tracts 3A and 3B was granted on 05-13-1988.
Surrounding Property
Variance #182 – A variance from Section 27-308 requiring a minimum lot size of 10 to allow a minimum lot size of 9.917 acres and 1 acre on Tract 7B and 7A respectively was granted on 11-12-1997.
Variance #246 – A variance from Section 27-308 requiring a minimum lot size of 10 to allow a minimum lot size of 1.002 and 9.19 on Tracts 8B and 8A respectively was granted 01-24-2005.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Public Land Use: Park Land |
| SOUTH: | Zoning: Agriculture Suburban (A-S) Land Use: Residential |
| EAST: | Zoning: A-1 Land Use: Residential |
| WEST: | Zoning: A-1 Land Use: Farm Land |
BACKGROUND
This is a request for a variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a lot area of 8.365 acres and 3.29 acres in an Agriculture-Open Space (A-1) zone on Tract 3A and Tract 3B of C/S 2085, a 5.829 acre and 5.828 acre parcels of land respectively.
This tract of land was granted a variance in 1988. Variance 117 was to divide the original Tract 3 into two tracts of equal size. County records show that in 1988 the house was built on Tract 3A and the house on Tract 3B was constructed in 1985. In the passing years, other buildings have been built on Tract 3B. One of those building has been built over the property line. This brings up an issue that needs to be corrected with a lot line relocation. When a structure is built over a property line it effectively causes the lots to become one and an owner cannot sell either lot separately. The two lots share a building in common so they are no longer able to be sold as separate lots.
Certificate of Survey 2085 was created on June 17th, 1981 originally creating 8 tracts of land ranging in size from just over 10 acres up to just over 11 acres. Tract 1 is now Cornerstone Subdivision with a church and school on it. Tract 6 is now Carls Subdivision, which contains 3 lots and has residential and residential professional uses on it. This leaves Tracts 2, 3, 4, 5, 7 and 8 in the original Certificate of Survey 2085. Of those remaining 6 tracts of land, only Tract 4 is still in its original configuration. Tracts 2, 3, 5, 7 and 8 have all been divided. Variance 117 allowed the division of Tract 3 into two equal parcels. Variance 182 allowed the division of Tract 7 into 2 parcels, one of 9.9 acres and one of 1 acre. Variance 246 allowed the division of Tract 8 into 2 parcels, one of 1.0 acre and one of 9.1 acres. These parcels of land are all in Agriculture Open zoning which requires a 10 acre minimum lot size.
Tracts 2 and 5 are zoned Agriculture Suburban and are required to have 1 acre minimum lot size. Tracts 2 and 5 are currently split into 5 or 6 acre parcels.
Parcels 3A, 3B, 7A, 7B, 8A1 and 8A2 of Certificate of Survey 2085 have all obtained variances in the past for smaller lots than what is required by zoning. See Attachment ‘Reference Map’.
The owners, according to the letter submitted, wish to relocate the common lot line between 3A and 3B to clean up the problem of the building over the lot line and make it so in the future the two lots could be conveyed separately. Since three of the four lots in the A-1 zoning have had variances to create smaller lots than allowed by the underlying zoning, and since two of those lots are 1 acre lots, staff finds that the proposed lot sizes for 3A and 3B will fit into the neighborhood. Lot 3B is proposed to be 3.89 acres which is almost 4 times larger than lots 7A and 8A1 in the same Certificate of Survey 2085. Staff, at the time of the writing of this report, had not received any calls from surrounding neighbors about this variance. This Certificate of Survey does have Covenants Codes and Restrictions (CCR’s) in place that may limit what can be done on the lots and may regulate lot size. However, CCR’s are not enforced by Yellowstone County and are only enforced by neighbors in a civil matter.
This tract of land was granted a variance in 1988. Variance 117 was to divide the original Tract 3 into two tracts of equal size. County records show that in 1988 the house was built on Tract 3A and the house on Tract 3B was constructed in 1985. In the passing years, other buildings have been built on Tract 3B. One of those building has been built over the property line. This brings up an issue that needs to be corrected with a lot line relocation. When a structure is built over a property line it effectively causes the lots to become one and an owner cannot sell either lot separately. The two lots share a building in common so they are no longer able to be sold as separate lots.
Certificate of Survey 2085 was created on June 17th, 1981 originally creating 8 tracts of land ranging in size from just over 10 acres up to just over 11 acres. Tract 1 is now Cornerstone Subdivision with a church and school on it. Tract 6 is now Carls Subdivision, which contains 3 lots and has residential and residential professional uses on it. This leaves Tracts 2, 3, 4, 5, 7 and 8 in the original Certificate of Survey 2085. Of those remaining 6 tracts of land, only Tract 4 is still in its original configuration. Tracts 2, 3, 5, 7 and 8 have all been divided. Variance 117 allowed the division of Tract 3 into two equal parcels. Variance 182 allowed the division of Tract 7 into 2 parcels, one of 9.9 acres and one of 1 acre. Variance 246 allowed the division of Tract 8 into 2 parcels, one of 1.0 acre and one of 9.1 acres. These parcels of land are all in Agriculture Open zoning which requires a 10 acre minimum lot size.
Tracts 2 and 5 are zoned Agriculture Suburban and are required to have 1 acre minimum lot size. Tracts 2 and 5 are currently split into 5 or 6 acre parcels.
Parcels 3A, 3B, 7A, 7B, 8A1 and 8A2 of Certificate of Survey 2085 have all obtained variances in the past for smaller lots than what is required by zoning. See Attachment ‘Reference Map’.
The owners, according to the letter submitted, wish to relocate the common lot line between 3A and 3B to clean up the problem of the building over the lot line and make it so in the future the two lots could be conveyed separately. Since three of the four lots in the A-1 zoning have had variances to create smaller lots than allowed by the underlying zoning, and since two of those lots are 1 acre lots, staff finds that the proposed lot sizes for 3A and 3B will fit into the neighborhood. Lot 3B is proposed to be 3.89 acres which is almost 4 times larger than lots 7A and 8A1 in the same Certificate of Survey 2085. Staff, at the time of the writing of this report, had not received any calls from surrounding neighbors about this variance. This Certificate of Survey does have Covenants Codes and Restrictions (CCR’s) in place that may limit what can be done on the lots and may regulate lot size. However, CCR’s are not enforced by Yellowstone County and are only enforced by neighbors in a civil matter.
RECOMMENDATION
The Planning Division is recommending conditional approval of Variance 273.