The purpose of the variance is to allow an increase in maximum height for Cardwell Ranch Apartment Homes to develop a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Standards.  In 2008, the property was zoned to Planned Development. Adjacent properties to the north and west are also parcels within the Planned Development.  The maximum allowed height in the East 80 Cardwell Ranch PD Design Guidelines for all buildings is 40 feet. The reason for the request is to provide a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Guidelines. A lower height requirement would create roof-lines that are not in proportion with the overall architectural design that is intended under the Cardwell Ranch PD design standard.  

The request for increase in maximum height is consistent with the intent of the PD and will allow flexibility in architectural design. 

On June 1, 2022, the Board of Adjustment held a public hearing on the two original variance requests for a reduction in off-street parking and to allow a 46-foot building height limit. At the request of the applicant, the Board voted unanimously to continue the hearing to July 6, 2022 to allow the applicant to clarify the off-street parking requirements. No members of the public spoke at the hearing and the Board received testimony from the applicant. The BOA opened the hearing at the meeting on July 6, 2022, and granted the request from the applicant to withdraw the off-street parking variance.  During the July 6 hearing, the applicant requested a modification of the application to increase the variance from 46 feet to 49 feet in building height. A requested variance cannot be increased by the Board at the public hearing due to lack of proper notice to the public and surrounding property owners. The BOA voted unanimously to again continue the hearing to the next meeting on August 3, 2022, so the public and property owners can be re-noticed on the new height requested.

Approval or disapproval of the proposed variance should not have an impact of the Planning Division budget.

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;
Applicant: Height - Our intention is to build a high-end apartment project within the Cardwell Ranch Project as shown in the attached site plan. It is our opinion that this particular location is ideal for a higher-end, ‘legacy’ project. The reason for the request for the variance is to allow for a 4-story building while still providing adequate room for architectural roof elements consistent with the existing and future development of Cardwell Ranch.  A 4-story product will provide a different, but complimentary, housing option within Cardwell Ranch. This land is peculiar in that it is governed by a Planned Development Agreement, and we are required, per the Development Agreement, to adhere to the “Cardwell Ranch Commercial Design Guidelines,” which specify a maximum height of 40’.  The Master Developer has agreed to this variance, as is evidenced by the signing of the variance request by Charles Yegen. 
Staff: Height - Staff agrees with the applicants' statement, although there are not any special circumstances that exist in this situation other than the Planned Development Design Guidelines restricting building height to 40 feet. The PD agreement in this case makes allowances for building height and design with a variance approval. Staff agrees that the additional 9 feet would not significantly affect the development or surrounding properties.

2. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
Applicant: Height - The current plan has been reviewed by the Cardwell Ranch Design Review Committee, and they are in support of our plan and agree that it goes well with the overall development.  This project also aligns strongly with the goals of the City of Billings.  It will contribute a new and needed element to a developing community in Cardwell Ranch that will provide an interconnected neighborhood, complete with gathering places, parks, and a diversity of housing options. This is a provision of Current Design Guidelines and not necessarily a provision of the Current PUD requirements or similar zones.  Since the Design Guidelines are referenced in the PUD, I am told that, technically, a variance is required.   Another multifamily development within Cardwell Ranch has also been granted a similar height variance.
Staff: Height - Staff agrees with the applicant in that the Design Review Committee has given preliminary approval to the concept. There have not been any multifamily constructed within the PD, but a variance was approved on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 in the Cardwell Ranch Subdivision under Variance 1337 in December 2021 to allow multifamily structures able to exceed the maximum height requirements up to 50 feet. Granting this variance allows the applicant to develop at an increased height not commonly enjoyed by others within the PD aside from the above variance.  There have been other property outside the Planned Development the Board of Adjustment has granted height variances for in other commercial or multifamily districts where multifamily uses are present (listed in history attachment).

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;
Applicant: Height - This is not technically a variance of the Zoning Code, but the PUD, which references the Master Development Design Guidelines.  Also, as stated above, a similar variance has been granted to an adjacent development.
Staff: Height - Staff agrees with the applicants reason. The variance will not allow the applicant any special privileges, a variance has been approved on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 in the Cardwell Ranch Subdivision under Variance 1337 in December 2021, to allow multifamily structures to exceed the maximum height requirements up to 50 feet. The development is compatible with surrounding land uses which include a school to the south, a church to the east adjacent to single family residential, a medical office to the west and a commercial shopping center to the north.  This area of Grand Avenue and 30th is a diverse area and promotes a walkable community, desirable under the Growth Policy.   The property is located within an already approved PD which contemplates a variety of housing choices including multifamily as well as commercial development. Parcels to the east are currently developed as a medical office and commercial retail within the PD. The Cardwell Ranch Architectural Design Committee has reviewed the preliminary design for compliance with the PD design standards. Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted variances to the maximum building height to other land in the same or similar district.

4. That the granting of the variance will be in harmony with the general purpose and intent of the Zoning Code and with the Growth Policy;
Applicant: Height - This variance will allow for the construction of 4-Story product that will provide for a “choice of housing options” that will be complimentary to the adjacent multifamily development.  It will also allow for a more efficient use of the investment that the city has made on infrastructure and community services for that area. 
Staff: Height - The variance is in harmony with the general purpose and intent of the zoning regulations under the PD and the growth policy.  Approval of this variance would allow the applicant to complete the design of this portion of the planned development.  The proposed multifamily development itself is allowed under the PD, the additional height of 9 feet will not have a significant impact on the surrounding properties.  

5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the 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 the Zoning Code.
Staff is recommending the following conditions for the Height variance request:
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 height variance would not allow a use that is not allowed in the zoning district – multifamily dwellings are allowed in the PD.