b.
City Board of Adjustment
- Meeting Date:
- 08/07/2019
- SUBJECT
- Variance 1298 - 1121 North 32nd St.
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Variance 1298 - 1121 N 32nd Street. The applicant is requesting a variance from Section 27-308 requiring a maximum lot coverage of 30% to allow a maximum of 40% in order to remove an existing older garage and construct a new larger garage that will allow parking 2 vehicles in a Residential 7,000 zone, on Lot 38, Block 11, North Elevation Sub. 1st Filing, a 7,000 square foot parcel of land. The purpose of the variance is to allow a proposed 780 square foot garage. Presented by; Karen Husman, Planner I.
RECOMMENDATION
Staff recommends conditional approval of the variance.
APPLICATION DATA
OWNERS: Stacy & Brandy Coffin
PURPOSE: To allow existing structures and to replace older garage with a larger one
LEGAL DESCRIPTION: Block 11, Lot 38, North Elevation Sub. 1st filing
ADDRESS: 1121 North 32nd St.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
PURPOSE: To allow existing structures and to replace older garage with a larger one
LEGAL DESCRIPTION: Block 11, Lot 38, North Elevation Sub. 1st filing
ADDRESS: 1121 North 32nd St.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY |
|||||
| 1232 N 30th St | 277 | 3/31/81 | Lot cov | Y | |
| 1233 N 30th St | 302 | 12/29/81 | Lot cov | Y | |
| 3114 12th Ave N | 1082 | 12/1/10 | Lot cov | Y | |
| 1014 N. 32nd St. | 1170 | 12/4/13 | Lot cov | Y |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-70
Land Use: Residential
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-96
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-96
Land Use: Residential
BACKGROUND
This is a variance request from Section 27-308 requiring a maximum lot coverage of 30% to allow a maximum of 40% in order to remove an existing older garage and construct a new larger garage in its place. According to the county information available, the existing home was built in 1940. It is not known when the existing garage was constructed. There have been similar variances approved in this area of Billings. The lot is in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. There are similar properties in the subdivision and in adjacent neighborhoods.
The first filing of the North Elevation Subdivision was platted around 1900. Several of the surrounding properties have more than one dwelling unit on them. Many properties in the surrounding neighborhoods have detached garages, some of them are larger and some properties have obtained a variance while some of them have not. The property owner is requesting the variance to be able to replace an existing garage that does not meet their needs with a new garage to accommodate their vehicles.
The first filing of the North Elevation Subdivision was platted around 1900. Several of the surrounding properties have more than one dwelling unit on them. Many properties in the surrounding neighborhoods have detached garages, some of them are larger and some properties have obtained a variance while some of them have not. The property owner is requesting the variance to be able to replace an existing garage that does not meet their needs with a new garage to accommodate their vehicles.
SUMMARY
Findings of the Review Criteria
Variance 1298
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;
The property owner shall apply for a building permit to construct within 6 months of Board approval and complete the construction within 18 months of building permit approval.
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 already allowed in the zoning district – R-70 zoning allows residential accessory structures.
Variance 1298
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 conditions or circumstances with the land that create a hardship. The applicant is requesting this variance in order to remove an existing garage and replace it with a larger 2-car garage. The existing structures are currently at 34% and the proposed new garage would increase the lot coverage to 40%. Approval of the variance would bring the property into compliance with the current zoning regulations.
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;
There are other lot coverage variances of record in the area. There are several other properties over the maximum allowed lot coverage in the district and the other properties have not obtained variances. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights enjoyed by other tracts in the same district; therefore, allowing the applicant a variance to increase the lot coverage to 40% would not deprive the applicant of these rights.
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;
Granting this variance for 40% lot coverage on this property would not be granting a special privilege to this owner. Other lot coverage variances have been granted and other property in the neighborhood are over the 30% maximum without the benefit of a variance.
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;
The variance approval is in harmony with the general purpose and intent of the zoning regulations and 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;
Staff is recommending the following conditions for the variance request;
- The variance from 27-308 requiring a maximum lot coverage of 30% to allow a maximum lot coverage of 40% based on the lot area of 7,000 square feet. No other variance is intended or implied with this approval.
- The variance is limited to Lot 38, Block 11, North Elevation Subdivision, generally located at 1121 North 32nd Street.
- The site shall be developed in substantial conformance to the site plan presented to the BOA.
- The applicant will submit a building permit application within six months of Board approval and construction will be completed within eighteen months of variance approval.
- There will be no construction activity before 7 am or after 8 pm.
- Failure to start or complete actions required in this approval will void the variance.
- Any future construction or re-construction of the existing structure will require compliance with all other zoning regulations and city ordinances that apply at the time of construction or re-construction.
- 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.
The property owner shall apply for a building permit to construct within 6 months of Board approval and complete the construction within 18 months of building permit approval.
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 already allowed in the zoning district – R-70 zoning allows residential accessory structures.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.