b.
City Board of Adjustment
- Meeting Date:
- 11/06/2019
- SUBJECT
- Variance 1303 - 2001 Lake Hills Drive
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1303 – 2001 Lake Hills Drive – A variance from Section 27-308 requiring a minimum front setback of 20 feet for garage access to allow a minimum front setback of 15 feet for a proposed new attached garage in a Residential Multi-Family Zone (RMF) zone on Lot 4, Block 13, Lake Hill Sub, 18th filing, a 14,400 square foot parcel of land. The purpose of the variance is to allow a 15-foot front setback to accommodate an attached garage. Presented by Karen Husman, Planner I.
RECOMMENDATION
Staff recommends conditional approval of the variance.
APPLICATION DATA
OWNERS: Hans & Alice Henselman Family Trust
AGENT: WWC Engineering
PURPOSE: Reduce the front setback to 15 feet
LEGAL DESCRIPTION: Lot 4, Block 13, Lake Hills Subdivision, 18th Filing
ADDRESS: 2001 Lake Hills Drive
EXISTING LAND USE: Vacant Residential
PROPOSED LAND USE: Residential Multi-Family - a 4-unit building
EXISTING ZONING: RMF
CONCURRENT APPLICATIONS
BP-19-02042 - Approved by Planning, Building & Engineering in August 2019.
Master Site Plan PZ-19-00094 - Approved by Planning on August 20, 2019.
Master Site Plan PZ-19-00094 - Approved by Planning on August 20, 2019.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SURROUNDING PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 11 Wicks Lane | 695 | 9/1993 | Front and Arterial Setback | Y | Canopy |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RMF
Land Use: Residential Multi-Family
SOUTH: Zoning: RMF
Land Use: Residential Multi-Family
EAST: Zoning: RMF
Land Use: Residential Multi-Family
WEST: Zoning: R-9600
Land Use: Residential Single Family
Land Use: Residential Multi-Family
SOUTH: Zoning: RMF
Land Use: Residential Multi-Family
EAST: Zoning: RMF
Land Use: Residential Multi-Family
WEST: Zoning: R-9600
Land Use: Residential Single Family
BACKGROUND
The applicant is requesting a variance from Section 27-308 requiring a minimum front setback of 20 feet for a garage to allow a minimum front setback of 15 feet for a new 4-unit townhome with attached garages in a Residential Multi-Family Zone (RMF) zone on Lot 4, Block 13, Lake Hill Sub, 18th filing, a 14,400 square foot parcel of land. The purpose of the variance is to allow a 15-foot front setback for the attached garages.
A building permit for this project and Master Site Plan approval has been granted by staff. Construction is underway for the 4-unit townhomes with attached garages. During the Master Site Plan review process the front setback was reviewed and approved based on the distance from the edge of the sidewalk to the face of the garage. It was discovered after the approval process was complete and construction had started the zoning code requires a 20 foot setback from the property line, not the sidewalk. The 20-foot setback is to ensure vehicles do not encroach or block the sidewalk if they are parked in front of a garage. Staff immediately advised the developer to apply for a variance.
A building permit for this project and Master Site Plan approval has been granted by staff. Construction is underway for the 4-unit townhomes with attached garages. During the Master Site Plan review process the front setback was reviewed and approved based on the distance from the edge of the sidewalk to the face of the garage. It was discovered after the approval process was complete and construction had started the zoning code requires a 20 foot setback from the property line, not the sidewalk. The 20-foot setback is to ensure vehicles do not encroach or block the sidewalk if they are parked in front of a garage. Staff immediately advised the developer to apply for a variance.
SUMMARY
Proposed DETERMINATIONS for Variance 1303 - 2001 Lake Hills Drive
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;
The property is located in the Lake Hills Subdivision. Stormwater management requirements from the City of Billings require on-site storage and retention of a 50-year storm event on site and to infiltrate it within 72 hours. The Engineering Division approved the proposed stormwater pond measuring 40'x116'. This method of stormwater contributes to the need for a reduced front setback since the stormwater storage area for this property is behind the units
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 subject property is in a subdivision where a prior front yard and arterial setback variance was previously granted.
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 will not allow the applicant any special privileges. A similar variance has been granted in the Lake Hills Subdivision.
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 is in harmony with the general purpose and intent of the zoning regulations and the growth policy. The intent of the zoning regulation is to ensure the face of the garage and the location of sidewalk does not create hazards or conflict for pedestrians due to vehicles parking in front of garages. It has been determined that 20 feet from the garage to the sidewalk is an appropriate area for cars to park without encroaching on the sidewalk. For this property the location of the sidewalk is within the right of way and does not abut the property line like many other places in the City. The 15 foot setback accommodates a 23.4' distance from the face of the garage to the edge of the sidewalk, which is actually 3.4' greater than is usual and is required.
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 is to decrease the required front setback from 20 feet to 15 feet for the purpose of constructing attached four-unit townhomes with attached garages. No other variance is intended or implied with this approval.
- The variance is limited to on Lot 4, Block 13, Lake Hills Subdivision, 18th filing, generally located at 2001, 2003, 2005, 2007 Lake Hills Drive.
- The site shall be developed in substantial conformance to the site plan presented to the BOA, that reflects the 15 foot front setback. No other nonconformity shown on the site plan is/are considered with this variance approval.
- Construction shall be completed within 18 months of Board approval.
- Failure to complete actions required by this approval within the time limits set forth shall void this variance.
- All construction will require compliance with all other zoning regulations and City ordinances that apply at the time of 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 recommended conditions of approval require completion within 18 months of Board 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 allowed in the zoning district – a four-unit townhome with attached garages is an allowable use in the Residential Multi Family zone district.
RECOMMENDATION
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval based on the criteria for variances as presented within this report.