a.
City Board of Adjustment
- Meeting Date:
- 04/03/2019
- SUBJECT
- Variance 1291- 100 Brookshire Blvd. Unit 1
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Variance 1291- 100 Brookshire Blvd. Unit 1 - A variance Request from BMCC Section 27-705(b) requiring a maximum sign area of 32 square feet to allow a maximum sign area of 116 square feet in a Residential Professional (RP) zone, in the Brookshire Commons Condominiums, Unit 7 (6,011 square feet), on Lots 1-4 Brookshire Sub a 3.66 acre parcel of land. The purpose of the variance is to allow the installation of a sign of 116 sf in an RP Zone. Tax ID: A34229G. Presented by; Karen Husman, Planner I
RECOMMENDATION
Conditional Approval.
APPLICATION DATA
OWNERS: Bill Hanser, Hanser Capital Holdings, LLC
AGENT: Daniel Smith, Pure Infusion Suites of Billings
PURPOSE: To allow a sign larger than allowed in the RP
LEGAL DESCRIPTION: Lots 1-4 Brookshire Sub., Brookshire Commons Condo, unit 1
ADDRESS: 100 Brookshire Blvd., Bldg 2
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: RP
AGENT: Daniel Smith, Pure Infusion Suites of Billings
PURPOSE: To allow a sign larger than allowed in the RP
LEGAL DESCRIPTION: Lots 1-4 Brookshire Sub., Brookshire Commons Condo, unit 1
ADDRESS: 100 Brookshire Blvd., Bldg 2
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: RP
CONCURRENT APPLICATIONS
Pending Sign Permit Application PLNX-19-00049
APPLICABLE ZONING HISTORY
| AgendaQuick InboxSUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY | |||||
| 2075 Central | 634 | 3/5/91 | Sign of 47 sf | N | RP |
| 503 Wicks Lane | 731 | 3/5/96 | Sign of 64 sf | Y | RP |
| 2139 Broadwater | 753 | 10/7/97 | Sign of 104 sf | Y | RP |
| 2201 St. Johns Ave | 762 | 4/7/89 | Sign | Y | Public |
| 2376 Main St. | 799 | 6/1/99 | Sign | Y | HC |
| 1111 24th St. W. | 810 | 10/5/99 | Sign of 149 sf | Y | RP |
| 1145 North 19th St. | 901 | 7/1/03 | Sign | N | Med. Cor. |
| 1101 Shiloh Cr. Blvd. | 1112 | 12/7/11 | Sign | Y | CI |
| 2612 Belknap Ave | 1124 | 7/11/12 | Sign | Y | 27th Corridor |
| 2105 Central | 1129 | 9/5/12 | Sign of 63 sf | Y | RP |
| 2345 King Ave | 1233 | 7/16/16 | Sign of 160 sf | Y | RP |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: NC
Land Use: Commercial
SOUTH: Zoning: RMFR
Land Use: Residential
EAST: Zoning: RP & RMFR
Land Use: Commercial and Residential
WEST: Zoning: RP
Land Use: Commercial
Land Use: Commercial
SOUTH: Zoning: RMFR
Land Use: Residential
EAST: Zoning: RP & RMFR
Land Use: Commercial and Residential
WEST: Zoning: RP
Land Use: Commercial
BACKGROUND
The applicant is requesting a variance from BMCC Section 27-705(b) requiring a maximum sign area of 32 square feet to allow a maximum sign area of 116 square feet in a Residential Professional (RP) zone in the Brookshire Commons Condominiums, Unit 1 (6,011 square feet), on Lots 1-4 Brookshire Subdivision, a 3.66 acre parcel of land. The purpose of the variance is to allow the installation of a sign of 116 sf in an RP Zone.
The BOA has granted five sign variances and denied one in the RP zone within the city limits since 1990 that share similarities to this request. A variance request for the business at– the Central Plaza at 2075 Central Avenue also in an RP zone – request for 47 square feet, was denied in 1991. Five variances have been granted for other properties in an RP zone and are located on similar arterial streets (details in Zoning History). The RP zone is described as “a zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts… ” Retail businesses are not allowed in the RP zone and this is the defining characteristic between the RP zone and the Neighborhood Commercial (NC) zone. In the sign code, NC zoned property could have the same signage as a property zoned Community Commercial (CC) including signs up to 30 feet in height and 175 square feet in area.
The city has approved and denied several zone change requests from RP to NC where the primary purpose of the request is to allow for larger signs. A zone change from RP to NC at 3307 Grand Avenue was denied in 2004 but a zone change in the 2300 Block of Broadwater was granted in 1990. The Planning staff encourages variance applications where appropriate rather than applying for zone changes to increase available sign area for businesses.
The proposed application for a maximum sign area of 116 square feet in an RP zone. The intent is for the sign to be visible from Central Avenue for vehicular traffic. The applicant's request referred to the adjacent business “Bauer & Clausen” wall sign permit approved for 57.75 square feet. The "Bauer & Clausen" sign permit was approved in 2017, this parcel has two zoning designations; Neighborhood Commercial (NC) on the north nearest Central, and RP to the south. There was confusion on the Yellowstone County Tax detail and the zoning was misrepresented as NC. The permit was approved for the 57.75 square foot sign as determined by staff to be in the NC district. Staff is recommending approval of a sign no larger than what the adjacent property was approved for of 57.75 square feet. The location of the structure and surrounding structures would not allow the sign to be seen from Central Avenue.
The BOA has granted five sign variances and denied one in the RP zone within the city limits since 1990 that share similarities to this request. A variance request for the business at– the Central Plaza at 2075 Central Avenue also in an RP zone – request for 47 square feet, was denied in 1991. Five variances have been granted for other properties in an RP zone and are located on similar arterial streets (details in Zoning History). The RP zone is described as “a zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts… ” Retail businesses are not allowed in the RP zone and this is the defining characteristic between the RP zone and the Neighborhood Commercial (NC) zone. In the sign code, NC zoned property could have the same signage as a property zoned Community Commercial (CC) including signs up to 30 feet in height and 175 square feet in area.
The city has approved and denied several zone change requests from RP to NC where the primary purpose of the request is to allow for larger signs. A zone change from RP to NC at 3307 Grand Avenue was denied in 2004 but a zone change in the 2300 Block of Broadwater was granted in 1990. The Planning staff encourages variance applications where appropriate rather than applying for zone changes to increase available sign area for businesses.
The proposed application for a maximum sign area of 116 square feet in an RP zone. The intent is for the sign to be visible from Central Avenue for vehicular traffic. The applicant's request referred to the adjacent business “Bauer & Clausen” wall sign permit approved for 57.75 square feet. The "Bauer & Clausen" sign permit was approved in 2017, this parcel has two zoning designations; Neighborhood Commercial (NC) on the north nearest Central, and RP to the south. There was confusion on the Yellowstone County Tax detail and the zoning was misrepresented as NC. The permit was approved for the 57.75 square foot sign as determined by staff to be in the NC district. Staff is recommending approval of a sign no larger than what the adjacent property was approved for of 57.75 square feet. The location of the structure and surrounding structures would not allow the sign to be seen from Central Avenue.
SUMMARY
DETERMINATIONS
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are no special circumstances that exist in this situation. The lot is a regular shape and does not have any geographic restrictions.
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
The BOA has granted five and denied one sign variance within the city limits since 1990 that share similarities to this request. There are similar properties in the area with larger signs and some may not conform to the requirements of the underlying zoning. Denial of proposed variance will deprive this applicant a right commonly enjoyed by similar property in the same district.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance for the proposed sign area will not confer a special privilege not allowed to other businesses on Central Avenue and other businesses in the area. Five similar variances have been granted to property in the RP located on similar arterial streets, and the adjacent unit was granted a permit for a 57.75 square foot of wall sign.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
Overall, the variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy. The new sign, if approved for 57.75 square feet, is not more intrusive on the residential area to the South.
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff proposes the following conditions of approval:
- The variance is from 27-705(b) requiring a maximum sign area of 32 square feet for wall sign to a maximum sign area of 57.75 square feet. No other variance is intended or implied with this approval.
- The variance is limited to Brookshire Commons Condo, Unit 1. The sign must be constructed in substantial compliance as shown on the submitted site plan (no larger than 57 square feet) and meet all other zoning and building code requirements where applicable.
- The proposed sign may be illuminated however, no electronic message display (EMD), traveling, blinking, flashing or variable illumination of the sign is allowed.
- The sign permit, and any additional permits required, shall be obtained within 2 months of Board of Adjustment approval and the sign must be installed within 6 months of Board of Adjustment approval. Failure to obtain a sign permit or complete the installation within the time limits prescribed herein shall void the variance.
- These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
A two month time limit is recommended to obtain the necessary permits and a 6 month time limit is recommended for completion of the sign installation.
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district – signage is allowed in the RP zone.
RECOMMENDATION
Staff has reviewed this variance and is forwarding a recommendation of conditional approval based on the criteria for variances as presented within this report, with the following conditions;
- The variance is from 27-705(b) requiring a maximum sign area of 32 square feet for wall sign to a maximum sign area of 57.75 square feet. No other variance is intended or implied with this approval.
- The variance is limited to Brookshire Commons Condo, Unit 1. The sign must be constructed in substantial compliance as shown on the submitted site plan and meet all other zoning and building code requirements where applicable.
- The proposed sign may be illuminated however, no electronic message display (EMD), traveling, blinking, flashing or variable illumination of the sign is allowed. The proposed sign will be located and oriented in substantial conformance with the submitted site plan.
- The sign permit, and any additional permits required, shall be obtained within 2 months of Board of Adjustment (BOA) approval and the sign must be installed within 6 months of BOA approval.
- Failure to meet the requirements of these conditions within the time limits prescribed herein shall void the variance.
- These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.