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Regular
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| Board of Adjustment | |
| Date: | 07/07/2021 |
| Title: | Variance 1332 - Reda Lane - width of ground floor dwelling units |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of the requested variance to the maximum width of ground-floor dwelling units in the Mixed Residential 2 (NX2) zoning district locate generally on Reda Lane east of 204 Reda Lane and west of 230 Reda Lane. The parcel is legally described at Tract 1B of C/S 19 and is about 1/2-acre in area. The proposed project would construct two 4-unit structures, provide off-street parking and landscaping for the vacant lot.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request to one of the new zone district requirements for the Mixed Residential zones that limits the width of ground-floor units to 16 feet. The unit width requirement was intended to guide development to a denser multi-family pattern with multi-story buildings rather than single-story side-by-side apartments. Choosing the maximum ground-floor unit width was a starting point. Planning staff is monitoring this provision as implementation of the new code moves forward. We believe we will need to modify this code provision.
Reda Lane is a local street that connects with Lake Elmo Drive to the east. Zoning of these parcels on Reda under the previous zoning code was a mixture of Residential Multi-family, Residential 6,000 and Residential Manufactured Home. Reda Lane and the connecting local streets of Nash Lane and Rice Lane are all gravel streets that have never been improved after annexation by the city in 1984. Broadview Drive connecting north to south on the west edge of the neighborhood is paved. This paving was done as part of the new Uinta Park Subdivision (west of Broadview Dr) platted in 2004. Reda Lane is a local street that does not connect through to any adjacent collector or arterial streets. The only traffic on this network of streets is for local residents, guests and service providers to the residents. Two 4-unit multi-family dwellings may add up to 64 additional vehicle trips per day to this local street. This is not a significant amount of additional traffic.
There are several multifamily developments in the area and all have a variety of ground-floor unit widths, although none are as narrow as the current code requirement of 16 feet. The multi-family units at 230 Reda Lane are about 21 feet in width and the buildings are two-story. Brush Meadows apartments at 1203 Lake Elmo Drive are about 25 feet in width for ground-floor units, Starner Gardens to the north has ground-floor units of 22 feet in width and the Red Fox apartments on Sioux Lane are up to 43 feet in width on the ground-floor. The Magic City Terrace at 1439 Main Street has ground-floor units that range from 21 feet to 29 feet in width. The narrow ground-floor width of 16 feet is not common in this area of Billings.
It appears from the site plan submitted, all other provisions of the zoning district will be met including the build-to area, door and windows on the front facades, parking locations and number of spaces, building heights and uses allowed. The NX2 zone district does not allow single dwelling unit structures - the minimum number of dwelling units in a structure is two and the maximum is eight. The ground-floor unit maximum width is intended only for "multi-unit" buildings and would not necessarily apply to side-by-side units such as townhomes. The side-by-side unit buildings are limited to 8 ground-floor units and a maximum building width of 172 feet. The Starner Garden apartments are all single level units and each building has three levels. This is an example of a "multi-unit" building. The Red Fox apartments on Sioux Lane are built with 2-level units with a ground-floor and a second floor and are arranged side-by-side and not stacked. The maximum ground-floor unit width would not necessarily apply to these structures built with side-by-side units.
Planning staff is recommending conditional approval of the requested variance based on our findings of the variance criteria.
Reda Lane is a local street that connects with Lake Elmo Drive to the east. Zoning of these parcels on Reda under the previous zoning code was a mixture of Residential Multi-family, Residential 6,000 and Residential Manufactured Home. Reda Lane and the connecting local streets of Nash Lane and Rice Lane are all gravel streets that have never been improved after annexation by the city in 1984. Broadview Drive connecting north to south on the west edge of the neighborhood is paved. This paving was done as part of the new Uinta Park Subdivision (west of Broadview Dr) platted in 2004. Reda Lane is a local street that does not connect through to any adjacent collector or arterial streets. The only traffic on this network of streets is for local residents, guests and service providers to the residents. Two 4-unit multi-family dwellings may add up to 64 additional vehicle trips per day to this local street. This is not a significant amount of additional traffic.
There are several multifamily developments in the area and all have a variety of ground-floor unit widths, although none are as narrow as the current code requirement of 16 feet. The multi-family units at 230 Reda Lane are about 21 feet in width and the buildings are two-story. Brush Meadows apartments at 1203 Lake Elmo Drive are about 25 feet in width for ground-floor units, Starner Gardens to the north has ground-floor units of 22 feet in width and the Red Fox apartments on Sioux Lane are up to 43 feet in width on the ground-floor. The Magic City Terrace at 1439 Main Street has ground-floor units that range from 21 feet to 29 feet in width. The narrow ground-floor width of 16 feet is not common in this area of Billings.
It appears from the site plan submitted, all other provisions of the zoning district will be met including the build-to area, door and windows on the front facades, parking locations and number of spaces, building heights and uses allowed. The NX2 zone district does not allow single dwelling unit structures - the minimum number of dwelling units in a structure is two and the maximum is eight. The ground-floor unit maximum width is intended only for "multi-unit" buildings and would not necessarily apply to side-by-side units such as townhomes. The side-by-side unit buildings are limited to 8 ground-floor units and a maximum building width of 172 feet. The Starner Garden apartments are all single level units and each building has three levels. This is an example of a "multi-unit" building. The Red Fox apartments on Sioux Lane are built with 2-level units with a ground-floor and a second floor and are arranged side-by-side and not stacked. The maximum ground-floor unit width would not necessarily apply to these structures built with side-by-side units.
Planning staff is recommending conditional approval of the requested variance based on our findings of the variance criteria.
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)
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 or something inherent with this land that does not apply to other land in the same zone district of NX2. This is a new zone district requirement for the maximum width of ground-floor units for multi-unit structures. As the Planning staff is applying the new zoning code provision we are monitoring the code specifics to ensure the zoning tools are achieving the intended results. This particular requirement may need to be adjusted based on local experience.
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 or something inherent with this land that does not apply to other land in the same zone district of NX2. This is a new zone district requirement for the maximum width of ground-floor units for multi-unit structures. As the Planning staff is applying the new zoning code provision we are monitoring the code specifics to ensure the zoning tools are achieving the intended results. This particular requirement may need to be adjusted based on local experience.
2) That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
This is the first variance requested from the new ground-floor width requirement for the Mixed Residential zone district. The previous zoning required minimum setbacks, building heights, lot coverage and lot area requirements, but did not impose ground floor unit widths. There is no applicable or similar zoning variance history to the application. Planning staff did find there were at least two zoning variances granted in the area to accommodate the previous minimum zoning setbacks. This is not a similar request but Planning staff found many of the nearby multi-family developments have similar unit widths as the requested 24-foot width. This appears to be a right commonly enjoyed by other property in the same district.
This is the first variance requested from the new ground-floor width requirement for the Mixed Residential zone district. The previous zoning required minimum setbacks, building heights, lot coverage and lot area requirements, but did not impose ground floor unit widths. There is no applicable or similar zoning variance history to the application. Planning staff did find there were at least two zoning variances granted in the area to accommodate the previous minimum zoning setbacks. This is not a similar request but Planning staff found many of the nearby multi-family developments have similar unit widths as the requested 24-foot width. This appears to be a right commonly enjoyed by other 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 Zoning Code to other land in the same district.
The zoning history in the area shows at least two granted variances for setbacks to allow for new buildings or for remodeling of existing buildings. Granting this variance will not confer on this applicant any special privilege. There is similar style of multi-family buildings in the area.
4) That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The Growth Policy encourages a variety of housing choices in a neighborhood. Multi-family dwellings are under-supplied in Billings and especially in Billings Heights. The proposed number of units is not excessive given the size of the property, the two-story apartments to the east and the intended site development will include paved off-street parking, garage spaces and landscaping.
5) In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code.
The zoning history in the area shows at least two granted variances for setbacks to allow for new buildings or for remodeling of existing buildings. Granting this variance will not confer on this applicant any special privilege. There is similar style of multi-family buildings in the area.
4) That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The Growth Policy encourages a variety of housing choices in a neighborhood. Multi-family dwellings are under-supplied in Billings and especially in Billings Heights. The proposed number of units is not excessive given the size of the property, the two-story apartments to the east and the intended site development will include paved off-street parking, garage spaces and landscaping.
5) In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. 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 Zoning Code.
Planning Staff is recommending the following conditions of approval:
1. The variance is limited to Parcel 1B of C/S 19 generally located on the south side of Reda Lane between 204 Reda Lane and 230 Reda Lane.
2. The variance is from Section 27-308 Table 27-300.7 Site and Structure Regulations requiring a maximum ground-floor dwelling unit width of 16 feet to allow a 24-foot maximum. No other variance is intended or implied.
3. The applicant or developer will install the required 3 street trees along the Reda Lane. The minimum width of the street frontage planting bed is 10 feet, no turf-grass is allowed, and it must contain at least 75% organic materials. All other minimum requirements of the Landscaping regulations (Section 27-1300) shall be met.
4. All outdoor lighting, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield. Light pole standards must be 15 feet in height or less. Height includes the fixture, the base and the supporting pole.
5. The applicant will install the required "B1" buffer yard on the west and south property lines and will include 1 tree for each 70-foot increment of property line.
6. There shall be no construction activity prior to 7 am or after 8 pm daily.
7. The applicant/developer shall apply for a building permit within 12 months of Board approval and complete the development within 3 years of Board approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
8. Failure to begin or complete the project according to the time periods within this approval will void the variance.
9. 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.
1. The variance is limited to Parcel 1B of C/S 19 generally located on the south side of Reda Lane between 204 Reda Lane and 230 Reda Lane.
2. The variance is from Section 27-308 Table 27-300.7 Site and Structure Regulations requiring a maximum ground-floor dwelling unit width of 16 feet to allow a 24-foot maximum. No other variance is intended or implied.
3. The applicant or developer will install the required 3 street trees along the Reda Lane. The minimum width of the street frontage planting bed is 10 feet, no turf-grass is allowed, and it must contain at least 75% organic materials. All other minimum requirements of the Landscaping regulations (Section 27-1300) shall be met.
4. All outdoor lighting, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield. Light pole standards must be 15 feet in height or less. Height includes the fixture, the base and the supporting pole.
5. The applicant will install the required "B1" buffer yard on the west and south property lines and will include 1 tree for each 70-foot increment of property line.
6. There shall be no construction activity prior to 7 am or after 8 pm daily.
7. The applicant/developer shall apply for a building permit within 12 months of Board approval and complete the development within 3 years of Board approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
8. Failure to begin or complete the project according to the time periods within this approval will void the variance.
9. 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.
6) The BOA 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.
Staff is recommending a 1-year time period to apply for a building permit and 3 years to complete the development.
7) Under no circumstances shall the BOA 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.
Staff is recommending a 1-year time period to apply for a building permit and 3 years to complete the development.
7) Under no circumstances shall the BOA 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 proposed use for multi-family apartments is an allowed use in the NX2 zone district.
STAKEHOLDERS
Planning staff mailed legal notices to property owners within 300 feet of the subject property. Shawna Olson who owns 204 Reda Lane has submitted a letter of comment opposed to the requested variance. In addition, she has gathered signatures from surrounding owners who are also opposed to the requested variance. The letter of comment and the petition is attached to the staff report.
ALTERNATIVES
The Board of Adjustment may:
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Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
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Delay action on the variance application to a future Board meeting.
FISCAL EFFECTS
Approval or denial of the proposed variance will have no effect on the Planning Division budget.
Attachments
- Zoning Map and Site Photos
- Application and Letter
- Site Plan
- Public Comment and Petition Opposed
- Chart of Zoning History