a.
City Board of Adjustment
- Meeting Date:
- 06/06/2018
- SUBJECT
- Appeal - Variance 1283 - 2213 2nd Ave North
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
Appeal – Variance 1283 – 2213 2nd Ave N – Fence Materials – An appeal from an administrative decision to not allow the use of salvaged wood from the deconstruction of pallets used to transport appliances and glass. Section 27-604(e) of the Zoning Regulations prohibits the use of salvaged materials for use in the construction of fences. The subject property is legally described as the East 44.5 feet of Lots 23 & 24, Block 63, Billings Original Town, a 2,250 square foot parcel of land. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
Planning staff recommends the BOA sustain and uphold the administrative decision to not allow the use of salvaged wood for this fence.
APPLICATION DATA
| OWNER: Diana Bachmann | |
| AGENT: None | |
| LEGAL DESCRIPTION: East 44.5 feet of Lots 23 & 24, Block 63, Billings Original Town | |
| ADDRESS: 2213 2nd Ave N | |
| CURRENT ZONING: Central Business District (CBD) | |
| EXISTING LAND USE: Single family dwelling with chainlink & wire fencing | |
| PROPOSED USE: Same with wood fencing made from wood salvaged from wooden pallets | |
| SIZE OF PARCEL: 2,250 square feet |
CONCURRENT APPLICATIONS
Fence Permit - PLN-18-01043 - application received and denied on March 22, 2018.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Zone Change Special Review |
DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 2213 2nd Ave N | City ZC 346 | March 15, 1982 | CC to CBD | Yes | Original CBD adoption |
| SURROUNDING PROPERTY | Variance | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 2223 Montana | City Variance 85 | May 25, 1976 | located parking across the street | Yes | |
| 2407 Montana | City Variance 77 | Jan 22, 1976 | >50% lot coverage | Yes | |
| 2421 1st Ave N | City Variance 32A | Sept 28, 1981 | fence height & clear vision | No | |
| 2120 3rd Ave N | City Variance 614 | April 3, 1990 | 0 setback & 79% lot coverage | Yes | |
| 315/317 N 24th St | City Variance 307 | March 30, 1982 | front setback to 10 ft | No – withdrawn | CBD adopted variance moot |
| 401 N 23rd St | City Variance 1 | Jan 1, 1973 | front setback to 10 ft | Yes | |
| None | Appeal Variance 863 | March 2, 2002 | Bruce Simon commonly used fence materials | No | Request was for metal panels to be used for fencing |
| 4432 S Frontage | Appeal Variance 1136 |
Jan 3, 2013 | Electric fence inside a perimeter fence | Yes | BOA found a fence inside another fence is not a fence for zoning purposes |
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: CBD Land Use: 8-unit apartment building |
| SOUTH: | Zoning: CBD Land Use: Single family and multi-family dwellings |
| EAST: | Zoning: CBD Land Use: Hog Wild Cafe |
| WEST: | Zoning: CBD Land Use: 5-unit apartment house |
BACKGROUND
This is an appeal of the Planning Staff administrative decision regarding the denial of a fence permit for property located at 2213 2nd Ave North in downtown Billings. The property is zoned Central Business District (CBD) and is one the few single family dwellings that still exists in this densely developed area. The owner, Diana Bachmann, was concerned about the security of her small outdoor spaces and dwelling. The current fencing was a short chain link and wire fence that offered no privacy. Ms. Bachmann decided to place recycled wood from pallets on the existing fence structure to provide more privacy and security. The work was started without a fence permit.
On March 14, 2018, the Code Enforcement Division received a complaint about a fence started without a permit at 2213 2nd Ave N. The CE Officer confirmed the potential violation and instructed the owner in writing to go to the Planning Division to file a fence permit application. The owner filed a fence permit application on March 22, 2018, The Planning staff reviewed the application and ultimately denied the request due to the use of the salvaged material.
Ms. Bachmann was advised there was not an option for a variance since she used salvaged material, a prohibited material for fencing. Section 27-604(e): "All fences in residential, agricultural and commercial zoning districts shall be constructed from materials which are commonly used for fencing and shall not be constructed from railroad ties, wood pallets, tires, rubble or salvaged material. Commonly used fence materials include wood, brick, stone, split railing, chain-link, wire, vinyl, ornamental iron work. Materials not listed are subject to special review." She was also advised if she believed the Planning staff had made an error, she could file an appeal. Ms. Bachmann filed an appeal on April 20, 2018.
The crux of the issue before the Board of Adjustment is what constitutes “salvaged” materials. The Zoning Regulations do provide a definition of "salvage" at Section 27-201: "Something saved as valuable or useful from trash, rubbish, worn out equipment, or junk." The letter of appeal states the wood slats have come from "clean, good solid wood of pallets used for holding/bracing glass and/or appliances."
The question here is whether or not these wood slats should be considered salvaged material. It appears the wood slats were "saved as something valuable or useful" and it also appears the materials were from worn out equipment (the pallets). Staff believes it correctly interpreted and applied the zoning regulations.
On March 14, 2018, the Code Enforcement Division received a complaint about a fence started without a permit at 2213 2nd Ave N. The CE Officer confirmed the potential violation and instructed the owner in writing to go to the Planning Division to file a fence permit application. The owner filed a fence permit application on March 22, 2018, The Planning staff reviewed the application and ultimately denied the request due to the use of the salvaged material.
Ms. Bachmann was advised there was not an option for a variance since she used salvaged material, a prohibited material for fencing. Section 27-604(e): "All fences in residential, agricultural and commercial zoning districts shall be constructed from materials which are commonly used for fencing and shall not be constructed from railroad ties, wood pallets, tires, rubble or salvaged material. Commonly used fence materials include wood, brick, stone, split railing, chain-link, wire, vinyl, ornamental iron work. Materials not listed are subject to special review." She was also advised if she believed the Planning staff had made an error, she could file an appeal. Ms. Bachmann filed an appeal on April 20, 2018.
The crux of the issue before the Board of Adjustment is what constitutes “salvaged” materials. The Zoning Regulations do provide a definition of "salvage" at Section 27-201: "Something saved as valuable or useful from trash, rubbish, worn out equipment, or junk." The letter of appeal states the wood slats have come from "clean, good solid wood of pallets used for holding/bracing glass and/or appliances."
The question here is whether or not these wood slats should be considered salvaged material. It appears the wood slats were "saved as something valuable or useful" and it also appears the materials were from worn out equipment (the pallets). Staff believes it correctly interpreted and applied the zoning regulations.
RECOMMENDATION
Planning staff recommends the BOA in affirm in whole the application of the zoning regulations regarding the prohibition of salvaged materials for use in a fence at 2213 2nd Ave North.