a.
City Board of Adjustment
- Meeting Date:
- 02/07/2018
- SUBJECT
- Variance #1273- 2303 1st Avenue South
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1273 - 2303 1st Ave South - A variance from Section 27-309 requiring a maximum lot coverage of 75% to allow a maximum lot coverage of 77% (16,240 sf total) in a Controlled Industrial (CI) zone, on Lots 1 through 6, Block 135 of Billings Original Town, a 21,000 sf parcel of land. The purpose of the variance is to allow the addition of a 2,400 square foot canopy to the southwest corner of the building. Presented by: Karen Husman, Planner I
RECOMMENDATION
Planning staff is recommending denial, based on the findings of the 7 criteria.
APPLICATION DATA
OWNERS: Mark Sevier
PURPOSE: The purpose of the variance is to allow the addition of a 2,400 square foot un-enclosed canopy to the southwest corner of the building
LEGAL DESCRIPTION: Lots 1 through 6, Block 135 of Billings Original Town
ADDRESS: 2303 1st Ave S
EXISTING LAND USE: Dovetail Designs
PROPOSED LAND USE: Same
EXISTING ZONING: CI
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
Subject Property – None
Surrounding Property – There have been four variance requests to exceed the maximum lot coverage in this subdivision. Two of the requests were for residential properties (one was denied), and two of them were for commercial properties (both were approved).
Surrounding Property – There have been four variance requests to exceed the maximum lot coverage in this subdivision. Two of the requests were for residential properties (one was denied), and two of them were for commercial properties (both were approved).
SURROUNDING LAND USE & ZONING
NORTH: Zoning: CI
Land Use: Commercial & Industrial
SOUTH: Zoning: CC
Land Use: Commercial Office
EAST: Zoning: CI
Land Use: Commercial & Industrial
WEST: Zoning: CI
Land Use: Commercial & Industrial
BACKGROUND
The applicant is requesting a variance 27-309 requiring a maximum lot coverage of 75% to allow a maximum lot coverage of 77%, in order to construct a new canopy to cover an existing work area. The applicant would like to add 2,400 square foot of covered space. The proposed canopy is 490 square feet over the maximum allowed lot coverage.
The hardships shown by the applicant are not the types of hardship considered for granting a variance. Variances are provided in order to prevent “unnecessary hardship”, which typically refers to hardship inherent in the physical characteristics of the land. The applicant has not shown any type of hardship based upon the physical surroundings, shape of or the topography of the property. Setback and lot coverage standards are established in order to prevent the overcrowding of land and to maintain adequate open space. By establishing such standards, the City is able to protect the health and general welfare of the community.
There have been two commercial variances granted in this subdivision for additional lot coverage. Variance #174 for 3018 1st Avenue North, was granted in 1978 for an existing nonconforming structure, prior to the zone change to Central Business District (CBD). The current zoning for this parcel allows 100 percent lot coverage. Variance #614 for 2120 3rd Avenue North, was granted in 1990 to allow a new addition to an existing structure, although staff had recommended denial based on their findings for the criteria of hardship. The current zoning of the parcel at 2120 3rd Ave North is EBURD - Rail Spur Village and this zoning allows between 75 and 90 percent lot coverage depending on the type of building.
The applicant would like to add 2,400 square feet of canopy coverage to the south side of the building. The applicant could add 1,910 square feet without a variance approval. By adding on to the building beyond what is allowed, the applicant is creating the hardship.
The hardships shown by the applicant are not the types of hardship considered for granting a variance. Variances are provided in order to prevent “unnecessary hardship”, which typically refers to hardship inherent in the physical characteristics of the land. The applicant has not shown any type of hardship based upon the physical surroundings, shape of or the topography of the property. Setback and lot coverage standards are established in order to prevent the overcrowding of land and to maintain adequate open space. By establishing such standards, the City is able to protect the health and general welfare of the community.
There have been two commercial variances granted in this subdivision for additional lot coverage. Variance #174 for 3018 1st Avenue North, was granted in 1978 for an existing nonconforming structure, prior to the zone change to Central Business District (CBD). The current zoning for this parcel allows 100 percent lot coverage. Variance #614 for 2120 3rd Avenue North, was granted in 1990 to allow a new addition to an existing structure, although staff had recommended denial based on their findings for the criteria of hardship. The current zoning of the parcel at 2120 3rd Ave North is EBURD - Rail Spur Village and this zoning allows between 75 and 90 percent lot coverage depending on the type of building.
The applicant would like to add 2,400 square feet of canopy coverage to the south side of the building. The applicant could add 1,910 square feet without a variance approval. By adding on to the building beyond what is allowed, the applicant is creating the hardship.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the findings of the 7 criteria and determinations within this report.