Sign Variance – 505 Highton St. (East Missoula)

Project Background:

Jagpreet Ghuman (Bobby) is requesting a sign variance for the property, Jay’s One Stop, located at 505 Highton St. in East Missoula. The property currently has a gas station, convenience store, takeout restaurant, laundromat, and a future tenant.

The request is to structurally alter an existing nonconforming pole sign to accommodate the following variances:

• A variance to expand the sign face beyond the 24 square feet
• A variance to adjust the minimum sign clearance from 8 feet down to 7.5 feet.

The proposed sign face addition and the change to the minimum sign clearance would mean the sign would no longer conform with Neighborhood Center Zoning sign regulations. The current sign standards for Neighborhood Center Zoning allow one pole sign per lot frontage with a maximum height of 12 feet, a minimum sign clearance of 8 feet, and a maximum sign face area of 24 feet.

Since the pole sign was established before the adoption of the 2022 sign regulations, it was allowed to exist even though it does not conform with the regulations, with the understanding that any changes beyond normal maintenance and upkeep would require a variance from the Missoula County Board of Adjustment.

Missoula County Sign Regulations:

What is a variance?

A variance is a relaxation of specific provisions of zoning regulations that can be granted if certain criteria can be met. The Board of Adjustment may only approve a zoning variance if it’s not contrary to the public interest and does not give an advantage to a particular business that is not also enjoyed by other businesses in the same zoning district. They must evaluate proposed variances using the following criteria and find favorably that:

1. The variance will not authorize a use that is not already allowed in the zoning district.
2. The variance will not authorize additional density beyond what is allowed in the zoning district.
3. Special conditions exist that are unique to the property, such as size, shape, topography or location, that do not apply to other lands in the same zoning classification.
4. Literal enforcement of the provisions of the regulations will result in unnecessary hardship that is not of the applicant’s own making.
5. Granting the variance will be in harmony with the general purpose and intent of these regulations and the Missoula County Growth Policy and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
6. The request for the variance is not based on monetary factors.

Project Timeline:

Board of Adjustment Public Hearing: Wednesday, Nov. 19, 6 p.m.

• In-person location: 200 W. Broadway, Missoula County Courthouse, Sophie Moiese Room
• Virtual option: Residents can attend the meeting via Microsoft Teams. To join the meeting on your device, follow the links on the agenda that will be published on the Zoning Board of Adjustment page at http://missoula.co/boameetings.

This project is not subject to review by the Board of County Commissioners.

Project Lead:

Patrick Swart, 406-258-4841, pswart@missoulacounty.us

Related Links & Documents:

505 Highton Application