Variance 1241 –  2222 ½ Main Street – Accessory Building Area & Siding - A variance from 27-310(i)(3) requiring a maximum floor area of 1,500 square feet per detached accessory structure and not more than 2,000 square feet total detached accessory structure floor area to allow a proposed 2,240 square foot detached garage and from Section 27-310(i)(6) requiring all detached accessory structures over 200 square feet to have horizontal siding or siding that matches the primary residence to allow vertical siding in a Residential Manufactured Home (RMH) zone on Lot 6 of Holling Ranch Subdivision (aka C/S 151 Lot 6), a 1.95 acre parcel of land. Presented by Nicole Cromwell, Zoning Coordinator.

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

OWNER: Thomas and Sharon Price
AGENT: Hofer Builders
LEGAL DESCRIPTION: C/S 151 in Lot 6 Holling Ranch Subdivision
ADDRESS: 2222 & 2222 1/2 Main Street
CURRENT ZONING: Residential Manufactured Home (RMH)
EXISTING LAND USE: Single family residence with multiple accessory buildings
PROPOSED USE: Same with 2,240 square foot detach garage
SIZE OF PARCEL: 1.95 acres

Pending Building Permit BP-16-02817.

Subject Property: None. The property is in the original zoning designated in the county in 1973 and then annexed to the city in 1984.

Surrounding property: There have multiple variances in the immediate area for reduction of setbacks required for side, front or arterial streets. One variance issued in March 2010 for 719 Mattson Lane was to allow an accessory building without a primary residence on property zoned R-60. The accessory building and carport were existing structures and the owner wanted to subdivide the lot and the accessory buildings would be on one of the lots. The variance was conditionally approved. Variances for accessory buildings larger than normally allowed and with vertical siding have also been approved by the BOA. A 21,000 square foot accessory building (a horse barn) was approved at 2005 Bitterroot Drive in 2001, a 1,200 square foot detached garage was approved at 854 Lynch Drive (a 1/2-acre lot) in 1996, and the BOA approved 2 variances for a detached garage at 1407 Lake Elmo Drive in 2007 & 2008.

NORTH:	Zoning: HC Land Use: Rocky Mountain Air and Lube
SOUTH:	Zoning: HC Land Use: Interstate Wrecking Services
EAST:	Zoning: HC Land Use: Storage units, barber shop, vacant commercial buildings
WEST:	Zoning: RMH Land Use: Single family residence

This is an application to construct a larger accessory garage than currently allowed and to place vertical siding on the structure. The property owners purchased a pole barn to provide storage for a camper trailer, a car, and a truck. The property is 1 of 2 parcels with frontage on Main Street that are zoned for residential uses. All other property on Main Street is now zoned for commercial uses. Thomas Price has lived at this location since 1941. There are several accessory buildings on the property but these are mainly used for other purposes. There is an older residential home on the east end of the property that is not occupied. The Price's live in a 1,738 square foot modular home on the west end of the property. There have been several variances in the immediate area for setbacks and lot coverage and at least 2 for oversized garages or garages with vertical siding. In addition, there are 12 properties in the area with accessory building larger than is currently allowed including a property at 435 Kathy Lane with 5 accessory buildings with a total of 3,536 square feet on a 36,000 square foot parcel with 2,720 square feet of residential floor area. This property on Kathy Lane is also zoned RMH. There is an 1,842 square foot garage at 404 Sharron Lane and a 2,356 square foot pole barn at 2227 Bench Boulevard. Many of these structures were likely built prior to annexation to the City in 1984. Many of the lots in this area of Billings Heights were platted in the County and range from 3/4 to 2 acres in area.

The subject property has access on Main Street and is adjoined by 2 businesses that generate significant traffic including Interstate Wrecking Service and Rocky Mountain Air Controls. Both adjacent properties have commercial sized pole barns for their businesses. Both properties are zoned Highway Commercial (HC). Properties to the west are zoned RMH and have developed in smaller lots with manufactured and modular homes. The property to the east is zoned HC and has developed with personal storage warehousing, a barber, as well as vacant commercial buildings. The average (3-year) daily traffic on this section of Main Street is about 15,000 vehicle trips per day. Further south, Main Street picks up an additional 32,000 vehicles south of Airport Road for a total average daily traffic of 47,000 vehicles per day.

The Planning staff has reviewed the request and the 7 review criteria for variances. The lot does not present a physical hardship with the land itself although it is much larger than similarly zoned and developed property in the immediate neighborhood. It is only 1 of 2 parcels with frontage on Main Street zoned for residential uses. Adjacent property to the north and south are zoned HC and are developed for intensive commercial uses. These are special conditions and circumstances that apply to the property but not others used for residential purposes. The BOA has issued a handful of variances in the past for over-sized accessory buildings and at least one to allow vertical siding. There are at least 12 surrounding properties with over-sized accessory buildings, some built as pole barns with vertical siding and others with traditional horizontal siding. The adjacent commercial properties both have large buildings with vertical siding. Denial of this variance request would deprive this owner of rights commonly enjoyed by others in the same district and area. Granting this variance will not confer a special privilege on this owner that has been denied to others in this area. Granting the requested variance will be in harmony with the purposes and intent of the zoning regulations and the adopted Growth Policy. The Planning staff is recommending several conditions of approval to mitigate any potential impacts on adjacent property.
 

The Planning Division recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1241.