7.c.1.
County Board of Adjustment
- Meeting Date:
- 07/09/2020
- SUBJECT
- County Variance 294 - 4902 Verde Lane - Detached Garage Size
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
(Postponed from June 11, 2020, due to a lack of a quorum of Board members). County Variance 294 - 4902 Verde Lane - A variance from section 27-310 requiring a maximum detached structure size of 1,500 square feet, to allow a maximum of 3,000 square feet in a Residential-15,000 (R-150) zone, on Block 1, Lot 12, Verde Meadows Sub., a 1.12-acre parcel of land. The purpose of the variance is to allow a detached accessory structure of 3,000 square feet. Presented by: Karen Husman, Planner I
RECOMMENDATION
Staff is recommending denial of the application based on the determinations detailed within the Summary section of this staff report.
APPLICATION DATA
OWNERS: Timothy & Rebecca Anderson
PURPOSE: Construct a garage larger than what is allowed
LEGAL DESCRIPTION: Block 1, lot 12, Verde Meadows Sub
ADDRESS: 4902 Verde Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-15,000
PURPOSE: Construct a garage larger than what is allowed
LEGAL DESCRIPTION: Block 1, lot 12, Verde Meadows Sub
ADDRESS: 4902 Verde Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-15,000
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
There is history of one similar variance granted in this area of Yellowstone County. Staff was able to find eight similar over-sized detached structures in the district, one in this subdivision and seven in the surrounding areas (see chart of zoning history), but only one of the eight has received a variance approval.
| SUBJECT PROPERTY | Variance | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 4902 Verde Lane | None | ||||
| SIMILAR PROPERTY | Variance | DATE | WHAT | APPROVED (Y/N) |
ADDITIONAL DATA |
| 5201 Onyx Blvd | No | 1700 sf | Na | Detached garage | |
| 4716 Burlington | No | 3200 sf | NA | Shop, no house on property | |
| 4729 Lewis Ave | No | 3200 sf | NA | Detached garage | |
| 4635 Cliff View | No | 3000 sf | NA | Detached garage | |
| 4640 Cliff View | No | 1900 sf | NA | Detached garage | |
| 4630 Cliff View | No | 2800 sf | NA | Detached garage | |
| 4820 Verde Lane | No | 3500 sf | NA | Detached garae | |
| 4131 Wells Place | 175 | 3/13/97 | 1300 sf | Y | Allow a garage over the max of 1,000 sf. |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-150
Land Use: Residential
SOUTH: Zoning: R-150
Land Use: Residential
EAST: Zoning: R-150
Land Use: Residential
WEST: Zoning: R-150
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: R-150
Land Use: Residential
EAST: Zoning: R-150
Land Use: Residential
WEST: Zoning: R-150
Land Use: Residential
BACKGROUND
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 3,000 square feet for a proposed new detached accessory structure. The owners would like to park all of their autos and recreational vehicles in one structure. The lot size would allow two structures of 1,500 square feet each.
The subject property is in an area of single-family dwellings. There is history of one similar variance granted in this area of Yellowstone County. Staff was able to find eight similar over-sized detached structures in the district, one in this subdivision and seven in the surrounding areas (see chart of zoning history), but only one of the eight has received a variance approval. These structures were likely built without obtaining a Zoning Compliance Permit. The Yellowstone County Public Works Department informed staff the subject property lot width of 160 feet does not meet the minimum width for two access points from Verde Lane. This is a newer subdivision and there are several new structures and some under construction. There are no records of zoning compliance permits for this subdivision, which is required for construction in the zoning jurisdiction in the County, therefore the existing newly constructed detached garage located at 4820 Verde Lane’s square foot noted in the chart above is an estimate and by information from neighboring property owners.
The subject property is in an area of single-family dwellings. There is history of one similar variance granted in this area of Yellowstone County. Staff was able to find eight similar over-sized detached structures in the district, one in this subdivision and seven in the surrounding areas (see chart of zoning history), but only one of the eight has received a variance approval. These structures were likely built without obtaining a Zoning Compliance Permit. The Yellowstone County Public Works Department informed staff the subject property lot width of 160 feet does not meet the minimum width for two access points from Verde Lane. This is a newer subdivision and there are several new structures and some under construction. There are no records of zoning compliance permits for this subdivision, which is required for construction in the zoning jurisdiction in the County, therefore the existing newly constructed detached garage located at 4820 Verde Lane’s square foot noted in the chart above is an estimate and by information from neighboring property owners.
SUMMARY
Variance 294
STAFF 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;
There are no special circumstances that exist which are peculiar to the land. The applicant has not stated a hardship with the property. The code allows two 1,500 square foot detached accessory buildings on the lot. The detached garages could be built to meet the size allowed by the zoning regulations. An attached garage also could be built to accommodate vehicles. The proposed single-family dwelling has not been constructed on the lot as a primary structure.
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;
Approval of this variance would not deprive the applicant rights that are commonly enjoyed by other tracts in the same district. There has been one similar variance granted in the surrounding neighborhoods. This variance would allow the applicant special privileges that are not allowed under the provisions of this Chapter. Other lots in this subdivision have developed as defined by the zoning code with the exception of one lot in the subdivision. Several in surrounding subdivisions have constructed garages greater than allowed under the current regulations without the required variance approval or Zoning Compliance Permit.
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 would not confer a special privilege to this applicant as similar sized detached garages are apparent in this subdivision and in similar neighborhoods. However, many of the other garages did not receive variances or go through the Zoning Compliance Process.
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;
Granting the variance is not in harmony with the general purpose and intent of the zoning regulations and the growth policy. Oversized detached garages that do not meet the maximum size restrictions in place are not in harmony with the purpose and intent of this Chapter and with the Growth Policy. The size and bulk of oversized accessory buildings changes the character of a residential neighborhood.
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 has no conditions for a recommendation of denial.
6. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance;
Not applicable with a recommendation of denial.
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.
Granting this variance will not approve a use that is not otherwise allowed in the R-150 zoning district. Detached garages and accessory buildings are allowed in the county residential zoning districts, however the size requested is inconsistent with limitations placed on property in this residential district.
STAFF 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;
There are no special circumstances that exist which are peculiar to the land. The applicant has not stated a hardship with the property. The code allows two 1,500 square foot detached accessory buildings on the lot. The detached garages could be built to meet the size allowed by the zoning regulations. An attached garage also could be built to accommodate vehicles. The proposed single-family dwelling has not been constructed on the lot as a primary structure.
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;
Approval of this variance would not deprive the applicant rights that are commonly enjoyed by other tracts in the same district. There has been one similar variance granted in the surrounding neighborhoods. This variance would allow the applicant special privileges that are not allowed under the provisions of this Chapter. Other lots in this subdivision have developed as defined by the zoning code with the exception of one lot in the subdivision. Several in surrounding subdivisions have constructed garages greater than allowed under the current regulations without the required variance approval or Zoning Compliance Permit.
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 would not confer a special privilege to this applicant as similar sized detached garages are apparent in this subdivision and in similar neighborhoods. However, many of the other garages did not receive variances or go through the Zoning Compliance Process.
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;
Granting the variance is not in harmony with the general purpose and intent of the zoning regulations and the growth policy. Oversized detached garages that do not meet the maximum size restrictions in place are not in harmony with the purpose and intent of this Chapter and with the Growth Policy. The size and bulk of oversized accessory buildings changes the character of a residential neighborhood.
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 has no conditions for a recommendation of denial.
6. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance;
Not applicable with a recommendation of denial.
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.
Granting this variance will not approve a use that is not otherwise allowed in the R-150 zoning district. Detached garages and accessory buildings are allowed in the county residential zoning districts, however the size requested is inconsistent with limitations placed on property in this residential district.
RECOMMENDATION
Staff is recommending denial of the application based on the determinations detailed within the Summary section of this staff report.