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CITY BOARD OF ADJUSTMENT AGENDA-Wednesday, November 6, 6:00 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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NOTICE TO THE PUBLIC
Public Comment: There will be a Public Comment Section as noted on the agenda. This is the time members of the public may comment on any item not appearing on the agenda. Under State law, matters presented under this section cannot be discussed or acted upon by the Zoning Commission during this time. For items appearing on the agenda, the public will be invited to make comments at the appropriate time. It is very important to speak clearly, and state your name and address for the record. Please limit your comments to three (3) minutes or less. |
Call the meeting to order.
Introduction of City Board of Adjustment Members and Planning Department Staff.
Public Comment
Motion. Approval of Minutes: September 4, 2019. The October 1, 2019 meeting was canceled.
Disclosure of any Conflict of Interest-Members of the Commission and Staff
Disclosure of an Outside (Ex Parte Communication)-Members of the Commission and Staff
a.The Exparté Communication Binder is available at the Sign-In and Agenda Station.
a.The Exparté Communication Binder is available at the Sign-In and Agenda Station.
Regular Business:
A.
Opening of public hearings.
B.
Reading of rules for the procedure by which the public hearings will be conducted.
C.
Reading of notices of the public hearings on the following items:
Public Hearings:
a.
Variance 1302 - 205 & 205 1/2 Terry Avenue - A variance from Section 27-308 requiring a minimum lot area of 6,000 square feet for a single family dwelling to allow a minimum lot area of 3,825 square feet; from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of 2.5 feet; in a Residential-6000 (R-60) zone, on Block 6, Lots 3-5 of Suburban Subdivision, a 10,500 square foot parcel of land. The purpose of the variance is to allow a division of the property with two existing single-family dwellings into one 3,825 square foot parcel and one 6,675 square foot parcel, and to allow the northern parcel a rear setback of 2.5 feet. Presented by Karen Husman, Planner I.
b.
City Variance 1303 – 2001 Lake Hills Drive – A variance from Section 27-308 requiring a minimum front setback of 20 feet for garage access to allow a minimum front setback of 15 feet for a proposed new attached garage in a Residential Multi-Family Zone (RMF) zone on Lot 4, Block 13, Lake Hill Sub, 18th filing, a 14,400 square foot parcel of land. The purpose of the variance is to allow a 15-foot front setback to accommodate an attached garage. Presented by Karen Husman, Planner I.
Other Business/Announcements
Adjournment
Information on this matter may be obtained at the Planning & Community Services Department, 4
th Floor of the Miller Building, 2825 3
rd Ave North, Billings, MT 59101 or phone 247-8676. Anyone wishing to be heard on this matter may appear at this hearing or provide written testimony to Planning Division at the address above.
Public hearings are accessible to individuals with physical disabilities. Special arrangements for participation in the public hearings by individuals with hearing, speech, or vision impairment may be made upon request at least three days prior to the hearing. Please notify Tammy Deines, Planning Clerk, at (406) 247-8610 or email at deinest@billingsmt.gov.
Sincerely,
The Staff of the City/County Planning Division
Public hearings are accessible to individuals with physical disabilities. Special arrangements for participation in the public hearings by individuals with hearing, speech, or vision impairment may be made upon request at least three days prior to the hearing. Please notify Tammy Deines, Planning Clerk, at (406) 247-8610 or email at deinest@billingsmt.gov.
Sincerely,
The Staff of the City/County Planning Division
ORD. NO. 97-5048, § 13, 12-22-97
(d) City board of adjustment action. The city board of adjustment, before it grants a variance shall determine:
(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;
(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;
(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;
(4) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and with the comprehensive plan;
(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;
(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
(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.