|
Regular
|
| Board of Adjustment | |
| Date: | 08/04/2021 |
| Title: | City Variance 1336 - 2925 Glynn Abbey |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending conditional approval based on the determinations within this report.
REQUEST
A variance from 27-1008.D requiring a maximum accessory structure of 1,500 square feet to allow a 1,654 square foot detached garage in a Suburban Neighborhood (N3) zone, on Lots 5 & 6, Glynn Abbey Subdivision, an 45,519 square foot parcel of land. The purpose of the variance is to allow a new detached garage of 1,654 square feet. Tax ID: A36709 & A36710
APPLICATION DATA
OWNER: Jason & Megan Ahlin
AGENT: Kyle Huss
PURPOSE: To allow the construction of a new 1,654 square foot accessory building
LEGAL DESCRIPTION: Lots 5 & 6, Glynn Abbey Subdivision
ADDRESS: 2925 Glynn Abbey Way
SIZE OF PARCEL: 45,519 square feet
ZONING: N3
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attached.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: P1
Land Use: Yellowstone Club Golf Course and single family homes
SOUTH: Zoning: N3
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
REQUEST
A variance from 27-1008.D requiring a maximum accessory structure of 1,500 square feet to allow a 1,654 square foot detached garage in a Suburban Neighborhood (N3) zone, on Lots 5 & 6, Glynn Abbey Subdivision, an 45,519 square foot parcel of land. The purpose of the variance is to allow a new detached garage of 1,654 square feet. Tax ID: A36709 & A36710
APPLICATION DATA
OWNER: Jason & Megan Ahlin
AGENT: Kyle Huss
PURPOSE: To allow the construction of a new 1,654 square foot accessory building
LEGAL DESCRIPTION: Lots 5 & 6, Glynn Abbey Subdivision
ADDRESS: 2925 Glynn Abbey Way
SIZE OF PARCEL: 45,519 square feet
ZONING: N3
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attached.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: P1
Land Use: Yellowstone Club Golf Course and single family homes
SOUTH: Zoning: N3
Land Use: Residential
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
A variance from 27-1008.D requiring a maximum accessory structure of 1,500 square feet to allow a 1,654 square foot detached garage in a Suburban Neighborhood (N3) zone, on Lots 5 & 6, Glynn Abbey Subdivision, a 45,519 square foot parcel of land. The purpose of the variance is to allow a new detached garage of 1,654 square feet. Tax ID: A36709 & A36710. There have been two other variances approved in the district for larger detached structures. One variance approved was outside the city limits of Billings, and it was determined that the area of the county it was located was appropriate for an approval due to the size of the property and the surrounding uses and allowed accessory structures. The second approval was inside the city limits of Billings and referred to the size of the property as an acceptable reason to approve the variance.
ALTERNATIVES
The Board of Adjustment may
- 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.
FISCAL EFFECTS
Approval or denial of the requested variance will have no fiscal effect on the Planning Division budget.
SUMMARY
DETERMINATIONS
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances, as outlined below, have been satisfied:
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;
In this situation there are no peculiarities to the land that would cause a hardship, the applicant simply would like a larger detached structure than allowed in the 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;
The City granted a variance on 5515 Rimrock Road in 2011 for a larger detached structure. The request was for a 2,500 square foot detached structure on an 11 acre parcel of land. This request is for a 1,654 square foot structure on about 1 acre of land.
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 will not confer on the applicant a special privilege as there are no other properties that have been developed in this subdivision, and property around it is a mix of city and county where a variety of lots and structures exist. However, there have been 2 other variances granted in the area for larger detached structures, One inside the city limits and one in the county, outside the city limits.
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 this variance will not meet the general purposes and intent of the N3 zoning regulations for detached structures given the size of the detaches structure proposed. However, there are no developed parcels in the subdivision comparable to this request, the lots in the subdivision are much larger than most residential developments in Billings. Given the size of the lot and the proposed location of the detached garage, the detached structure could fit into the neighborhood character for this subdivision of large lots and large homes.
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 6 conditions for the variance request:
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; and
Staff is recommending the applicant/agent have 6 months to receive building permit approval and 18 months to complete the construction.
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 properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Accessory buildings are allowed uses.
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances, as outlined below, have been satisfied:
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;
In this situation there are no peculiarities to the land that would cause a hardship, the applicant simply would like a larger detached structure than allowed in the 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;
The City granted a variance on 5515 Rimrock Road in 2011 for a larger detached structure. The request was for a 2,500 square foot detached structure on an 11 acre parcel of land. This request is for a 1,654 square foot structure on about 1 acre of land.
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 will not confer on the applicant a special privilege as there are no other properties that have been developed in this subdivision, and property around it is a mix of city and county where a variety of lots and structures exist. However, there have been 2 other variances granted in the area for larger detached structures, One inside the city limits and one in the county, outside the city limits.
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 this variance will not meet the general purposes and intent of the N3 zoning regulations for detached structures given the size of the detaches structure proposed. However, there are no developed parcels in the subdivision comparable to this request, the lots in the subdivision are much larger than most residential developments in Billings. Given the size of the lot and the proposed location of the detached garage, the detached structure could fit into the neighborhood character for this subdivision of large lots and large homes.
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 6 conditions for the variance request:
1. The variance is for a maximum accessory building footprint of 1,654 square feet and no other variance is intended or implied by this approval.
2. The variance applies to on Lots 5 & 6, Glynn Abbey Subdivision generally located at 2925 Glynn Abby.
3. The proposed building will be located and oriented in substantial conformance with the submitted site plan.
4. The applicant will receive building permit approval within 6 months of the Board of Adjustment approval of the variance. Construction of the accessory structure will NOT be completed prior to completion of the primary residential structure. Construction of the accessory building will be completed within 18 months of Board of Adjustment approval.
5. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
6. 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.
2. The variance applies to on Lots 5 & 6, Glynn Abbey Subdivision generally located at 2925 Glynn Abby.
3. The proposed building will be located and oriented in substantial conformance with the submitted site plan.
4. The applicant will receive building permit approval within 6 months of the Board of Adjustment approval of the variance. Construction of the accessory structure will NOT be completed prior to completion of the primary residential structure. Construction of the accessory building will be completed within 18 months of Board of Adjustment approval.
5. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
6. 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 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; and
Staff is recommending the applicant/agent have 6 months to receive building permit approval and 18 months to complete the construction.
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 properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Accessory buildings are allowed uses.