County Variance 290 – 2795 Weymiller Lane – Detached Garage Size - A variance from Section 27-310.i requiring a maximum detached accessory building footprint no greater than 1,500 square feet to allow a maximum footprint of 2,925 square feet for a proposed new garage on an existing concrete slab in a Residential 15,000 (R-150) zone on Lot 1A, Block 1, Weymiller Subdivision, a 3.617 acre parcel of land.  Presented by Karen Husman, Planner I.

Staff is recommending denial of the application.

OWNERS:                              Patrick Schmaing
PURPOSE:                             Construct a garage exceeding 1,500 sq.ft.
LEGAL DESCRIPTION:            Lot 1A, Block 1, Weymiller Subdivision
ADDRESS:                             2795 Weymiller Lane
EXISTING LAND USE:             Residential
PROPOSED LAND USE:        Residential
EXISTING ZONING:                 R-150

None

SUBJECT PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2795 Weymiller	None
SURROUNDING PROPERTY	Variance	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2920 Alexander	165	2002	Det. Structure at 1,800 sf	Y	SFD habitable on site
2944 Alexander	265	2013	Det Structure at 3,584 sf.	Y	10 acre parcel with SFD

NORTH:   Zoning:      A-1
                  Land Use:  Residential
SOUTH:    Zoning:      R-150
                  Land Use:  Residential
EAST:       Zoning:      A-S
                  Land Use:  Residential
WEST:      Zoning:      R-150
                  Land Use:  Residential

The applicant is requesting a variance from Section 27-310.i requiring a maximum detached accessory building footprint no greater than 1,500 square feet to allow a maximum footprint of 2,925 square feet for a proposed new garage on an existing concrete slab.  The Yellowstone County tax record indicates a residential structure on the property, however, it also indicates it is an “unsound” structure.  The applicant states the intent of the new structure is to accommodate a large RV as well as other autos and storage. 
 
Planning staff has reviewed the application and has corresponded with one neighbor to the south of the property (email attached), and a letter from another adjacent property owner (copy attached).   The applicant has not stated a hardship with the property other than they have already poured the concrete.  The applicant did not apply for a zoning compliance permit to construct the building.  The subject property does not meet the definitions below:
 
Sec. 27-201. - Definitions.
Principal use: The primary or predominant use to which the property is or may be devoted, and to which all other uses on the premises are accessory. The uses listed in BMCC sections 27-305 and 27-306, District Regulations, are principal uses.
Accessory: A use, building or structure, part of a building or other structure, which is subordinate to, and the use of which is incidental to that of the main building, structure or use on the same lot, including a private garage.
 
The definitions outline what a principal use of the land is for any zoning district may be as well as what an accessory use might be for any zoning district. The existing zoning, Residential 15,000 (R-150) has a principal use for residences. Any other use is an accessory use of the property and "is incidental to that of the main building."  It specifically states a private garage is an accessory use. The principal use, residential living, is not occurring at this time on the subject property.
 
The "accessory" use  is allowed only when a "principal" use has been established before the accessory structure is allowed.  It should be noted that some uses listed are allowed in residential zoning only with the main building in place.  If the existing residential building is in fact uninhabitable, this would mean the primary use of the site is not residential at this time. Using an RV as the residence is also not allowed in the residential zoning districts.  Although there are similar variances in the district, the circumstances are not similar. The applicant does not live on the property, nor does any tenant occupy the residence on the property.

Staff is recommending denial of the application.