208 Mission Street Variance - Redman

Action Requested: Discussion/possible action regarding a request for approval of a variance to the setback standards of the Stevensville Development Code, to allow for the construction of a single family residence, pursuant to Division 4, Board of Adjustments, Variances and Appeals.

Location: 208 Mission Street, Stevensville, Ravalli County, MT
Property Owner: Brandon Redman, Jaime Devlin
Parcel Size: ± 5,905 sq feet
Current Zoning: R-2 (Residential)
Current Land Use: Residential
Area Zoning/Land uses:

• North: R-2 Residential, conforming use
• East: C-2 Limited Commercial, conforming use
• South: R-2 Residential, conforming use
• West: R-2 Residential, conforming use

PROJECT SUMMARY

The applicant is requesting approval of a variance to allow for the reduction of the side lot line setback from 7.5 feet to 5.0 feet for the construction of a single family home.

BACKGROUND

The property is located 208 Mission Street in the Town's Original Townsite subdivision and is zoned R2 Residential Medium Density (single-family/multi-family) with a minimum 
lot size of 10,000 s.f. There is a utility easement running along the back side of the property. The utility easement does not allow for the construction of any structures on it and further reduces the buildable area of the lot. The original alley has been vacated. The lot size is 5,905 s.f.

The existing 520 s.f. single-family structure was built in 1982. The structure is extremely small and inefficiently uses the land it sits on. The interior space is limited and at times problematic in relationship to modern sized amenities, appliances and furnishings. 

Online governmental records indicate the structure is built on a concrete foundation. However, there is little evidence of a structurally sound concrete foundation. The floorboards are placed directly over dirt. There is no evidence of any footings. What evidence there is regarding the concrete foundation, is easily disturbed and removed with a shovel. A general contractor has inspected the site and indicated that the structure is not sound and considered substandard due to its lack of any substantial foundation. Further, it was advised that no alterations, additions, or improvements should be made in its current state. The only exception would be cosmetic improvements, such as paint, lighting, etc. The costs to remediate the substandard foundation is greater than the cost to build a new structurally sound residence

VARIANCE

Section 10-117 provides that the Board of Adjustment (Board) shall consist of the mayor and town council members authorizes the Board to act on variance applications.

Section 10-119 provides that the Board may, after public notice and hearing, approve, approve with conditions, or deny any request to modify specific sections of the Development Code, including parking regulations. The concurring vote of four members of the board shall be necessary to reverse any order, requirements, decisions or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation.

Section 10-120 provides that the Board shall cause to be made such investigation of facts bearing on the application as will provide necessary information to ensure that the action on each application is consistent with the intent and purpose of this section. During time of appeal, all construction shall cease and shall not
recommence until approved by the board of adjustment.

Sec. 10-122. – Approval provides: “In approving applications of appeal or modifications, the board shall designate such lawful conditions as will secure substantial protection for the public health, safety and general welfare, and shall find as follows:

1. Such modifications will not be inconsistent with the intent and purpose of this chapter and/or any adopted master plan.
2. That strict compliance with the provisions of this chapter would create unnecessary hardship or unreasonable situation on a particular property due to unusual or extreme topography, unusual shape of the property or the prevalence of similar conditions in the immediate vicinity of the property.
3. That such modifications will have minimal adverse effect on abutting properties or the permitted uses thereof.
4. That the lawful conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare, which provisions may include:
   • A time period within which the proposed structure will be erected.
   • Required landscaping and maintenance thereof.
   • Requiring the surfacing and marking of off-street parking and loading areas.
   • Any other conditions as will make possible the development of the town in an orderly and efficient manner and in conformity with the intent and purpose set forth in this section.”

The following is a review of the proposal:

• The proposed project consists of the removal and replacement of a single family residence on a legal non-conforming lot.
• The applicant is requesting a reduction in the side lot line setback from 7.5 feet to 5.0 feet as required in Paragraph 10-224 of the Town’s Development Code.
• The current use of the proposed structure or property is listed as R-2 Residential and this use will not change.
• The building of a residence toward the side lot line does not result in the new structure being placed in the immediate vicinity of an existing structure.

SUMMARY

The applicant can reasonably argue that the lot size and dimensions created as part of the original Town site were not done so with specific uses in mind and as a result these limitations create a hardship on the existing property owner. It appears that by granting the variance, the improvements will not impact surrounding properties or the Town in general.