County Variance 288 – 6500 Cold Stone – Detached Structure Size – A variance from 27-310(i) requiring a maximum detached accessory structure footprint not exceed 1,500 square feet to allow a maximum footprint of 5,000 square feet in a Residential 15,000 (R-150) zone on Lot 3, Block 1 of Cold Stone Estates Subdivision, a 5.659 acre parcel of land. A previous variance (Var #245) to allow 5,000 square foot detached structures was previously granted for all lots in Cold Stone Estates Subdivision but expired in 2012. Tax ID: C15294 Presented by Nicole Cromwell, Zoning Coordinator
 

Planning staff recommends conditional approval based on the proposed findings of the 7 criteria for Variance 288.

OWNER: Stacy and Cayanne Ott
AGENT: None
LEGAL DESCRIPTION: Cold Stone Estates, Block 1, Lot 3
ADDRESS: 6500 Cold Stone Lane
CURRENT ZONING: Residential 15,000 (R-150)
EXISTING LAND USE: Single family dwelling
PROPOSED USE: Same with 5,000 square foot barn
SIZE OF PARCEL: 4.659 acres

None.

Subject Property: County Variance 245 was approved in January of 2005 for all the lots in Cold Stone Estates Subdivision to allow each lot to have a detached barn or shop of up to 5,000 square feet. A condition of approval was to "sunset" the allowed variance for any lot that had not built an over-sized barn by February 2012. Any lots afterward would need to comply with the zoning regulations or apply for a separate variance. 

Surrounding Property: There have been 12 other variances within the R-150 zoning districts in Yellowstone County to allow larger detached accessory buildings. Four of those variances have been approved since 2013. A 3,584 square foot (sf) shop was allowed on land at 2944 Alexander Road, a 2,100 sf shop at 1336 Cimmaron Pass, 2 shops of 3,200 sf each on Brandywine Lane, and finally a 1,500 sf garage at 321 Calypso Street.

NORTH:	Zoning: R-150 Land Use: Single Family Dwelling with 5,000 sf barn
SOUTH:	Zoning: R-150 Land Use: Single Family Dwelling with 4,000 sf barn
EAST:	Zoning: R-150 Land Use: High Ditch and Agricultural land
WEST:	Zoning: R-150 Land Use: Single Family Dwelling with 4,000 sf barn

This is a variance request from Section 27-310(i)to increase the maximum allowed size of a detached accessory structure from 1,500 square feet to a maximum of 5,000 square feet in a Residential 15,000 zone for property generally located at 6500 Cold Stone Lane. In 2005, the County Board of Adjustment approved this variance for all the lots in the proposed Cold Stone Subdivision. One condition of approval was to "sunset" the variance in February 2012 for any of the lots without an oversized barn as of that date. The subject property is one of these lots.
 
The primary purpose of the original variance application was to allow lot owners the opportunity to have over-sized accessory buildings for the keeping of livestock animals such as horses and for storing personal and recreational vehicles. The subdivision has covenants and restrictions for each of the lots that provide restrictions on the types of animals that may be kept in the barn, an architectural control committee that will oversee the design of the barns and restrictions to prevent use of the structures for businesses. The zoning code dictates that lots of this size may only have a detached accessory structure of 1,500 square feet or less and only if a principal structure (single family home) exists or will exist on the property. There are several surrounding properties that have over-sized detached accessory structures including property at 6405 Colton Blvd (2,160 sf), 2205 & 2403 66th Street West (2,000 sf each), 2505 66th St West (2,400 sf), 6500 Colton Blvd (2,050 sf), 6303 Grand Avenue (2,276 sf & 1,050 sf), 1812 66^th Street West (1,665 sf) and 1724 66^th Street West (1,280 sf & 1,200 sf). These surrounding properties did not receive zoning variances and are located in the same zoning district.
 
The Planning Division has reviewed this variance and is recommending conditional approval as described in the proposed findings of the 7 criteria (attached). Staff believes the applicant has not demonstrated a hardship that is peculiar to this lot or that special circumstances or conditions exist on this lot. The covenants and restrictions for the subdivision require all outdoor or recreational equipment be stored within a structure. This is a condition not enforceable by the County but does apply to all the lots in the subdivision. The owner states the number and sizes of the recreational equipment makes the maximum area allowed -3,000 sf in 2 structures of 1,500 sf each - too small to comply with the covenant. However, granting of this variance would not be granting the applicant a special privilege that is not enjoyed by other homes in this subdivision or surrounding subdivisions. Several properties have existing agricultural buildings that are larger in square footage than 1,500 square feet and most are zoned R-150. Previous variances (since 1999) have been granted for over-sized barns or garages on property zoned R-150. The Board of Adjustment has allowed larger detached structures where the applicant demonstrated an agricultural or similar storage need.
 

Staff recommends conditional approval based on the proposed findings of the 7 criteria for Variance 288.