Planning staff is recommending conditional approval based on the findings of the variance criteria to reduce the front build-to area from a minimum of 5 feet to allow a 0 foot front setback for an addition on an existing building at 2910 3rd Ave S in a Neighborhood Mixed Use (NMU) zone district. This property is a corner lot with an existing business (Koinonia Laundry) and a residence. The existing laundry building has a 0-foot front setback.

This is a variance request to allow a 0-foot front build-to area to put an addition on an existing building at 2910 3rd Ave South. The property is within the Neighborhood Mixed Use (NMU) zone but used to be zoned residential. This is the location of the Koinonia Laundry, a service business in the neighborhood for over 75 years. The applicant intends to expand the existing laundry building to create a restroom space and more room for equipment. The addition would be on the east side of the existing structure that fronts on S 29th St. There is a proposed small second story area above the first floor. There is no specified use for the second floor of the proposed addition.

The proposed addition would not have been possible under the previous residential zone. This zoning encouraged the disinvestment in the business and property. The new zone allows a build-to area along the front or side adjacent to a street of a minimum 5 feet. To reduce this area to 0 feet requires the approval of a variance. A build-to area is different from a basic minimum building setback. A build-to area is intended to set a range of minimum and maximum setbacks in order to preserve the urban development pattern of building closer to the edges of public sidewalks and streets. This development pattern encourages "eyes on the street" and fosters daily interactions with neighbors and visitors to the area. This atmosphere creates general safety and sociability in tightly woven neighborhoods. The doors and windows on these close-to-the-sidewalk buildings have a minimum area as a ratio of the building facade. In the NMU zone district this is 45% of the front facade measured between 2 feet and 8 feet above the sidewalk. The front facade of the building faces 3rd Ave South. The proposed addition is on a side street facade, so the door and window requirements do not apply to this side of the building.

The site has a privacy fence along the eastern property line adjoining the residence at 308 S 29th Street. This will help buffer the proposed addition. Planning staff has some recommended conditions for small site improvements to accommodate the proposed building. NMU zones are intended to be wholly within neighborhoods on the ends of blocks on corners, but attention to adjacent residential neighbors is important. The site plan as presented appears to meet all the other requirements of the NMU district (Section 27-407) and "neighborhood manners" provided in Section 27-403.L.

Planning staff is recommending conditional approval based on the proposed 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 circumstance with this parcel that does not apply to other parcels in the area. This parcel as well as the surrounding neighborhood zone districts all have a minimum 5-foot to 8-foot build-to area. There is a distinct difference at this location as the building was built at the property line on both street frontages.  

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 build-to requirement for the mixed use zone district. The previous zoning required minimum setbacks. Planning staff found several prior variances to reduce setbacks including a 0-foot side setback. There are several 0-foot setback variances for property in and around downtown before the Central Business District zone was adopted and then expanded in 1982. Denial of the variance would deny this applicant rights commonly enjoyed by other parcels in the same area. 

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 several 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.

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 proposed site plan will not create an intrusion into the public space of the sidewalk and boulevard. The back of the curb is at least 10 feet from the property line so the building will not crowd the area. The growth policy encourages expansion of existing local businesses. The proposed variance is in harmony with the growth policy.

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 Lots 11 & 12, Block 167 of Billings Original Town generally located at 2910 3rd Avenue South.
2. The variance is from Section 27-407 requiring a minimum build-to area of 5 feet from the front or street side property line to allow a 0-foot minimum build-to area on S 29th St. No other variance is intended or implied.
3. The applicant or developer will install one street frontage tree on 3rd Avenue South within the concreted boulevard about halfway between the corner of the building and the drive approach. This will be accomplished by removing one of the concrete sections from the boulevard. A permit from the Engineering Division will be required to install this street tree. 
4. All outdoor lighting, with the exception of signage, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield.
5. All applicable sections of Section 27-403.L will be followed. The existing privacy fence on the easterly property line will be preserved and/or restored at the completion of construction.
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.

• Approve the findings of the review criteria as proposed by Planning staff and conditionally approve the variance application; or,
• Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
• Allow the application to be withdrawn at the request of the applicant; or
• Delay action on the variance application to a future Board meeting.

Approval or denial of the proposed variance will have no effect on the Planning Division budget.