Category Use Variance Requests Show all
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6395 Primrose Dr. – Variance Request
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Background:
Missoula County Department of Planning, Development, and Sustainability (PDS) has received a variance request from Carl Saunders for the property legally described as the N2, NE4, S31, T14N, R20W, P.M.M. The 80-acre parcel is zoned “Primrose Heights Legacy Zoning District” (Area 3) and is currently occupied by the mobile home dwelling located east of Primrose Drive where the railroad bed crosses the road, addressed at 6395 Primrose Drive. Other uses of the property include agriculture, open lands and Rooster Ridge Pheasant Club. The applicant was granted a Land Use Permit in Augu
st 2021 to place a mobile home on this property outside of the “No Build Zone” required by the zoning of the property. Having placed the home within the southeast “No Build Zone,” the applicant is now requesting a variance to allow it to remain in its current location. Road construction was specifically identified as a permitted activity in the southeast “No Build Zone.”The applicant states that the southeast “No Build Zone” was incorrectly proposed, and ultimately adopted in 1999, because it was not based on topographic information but rather was provided as a hand-drawn estimation of the sensitive areas needing the protection of a “No Build Zone.” According to the application, a recent topographic survey of the site reveals that the home does not appear to be located within any sensitive areas, such as floodplain, riparian, or steep slopes over 25%, as shown in the topographic depiction below.
All variance applications must go before the Missoula County Board of Adjustment for review. Should you wish to attend the public hearing concerning this request, the Board of Adjustment will conduct a hearing on Wednesday, April 19, 2023, at 6:00 PM.
To join the meeting remotely, use the Teams meeting link: https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWE1Y2QzZmEtZWUyNC00NDI0LWEzYzktMWY0ODA2ODY3OWVh%40thread.v2/0?context=%7b%22Tid%22%3a%22e6701c3e-cb37-4fb7-bda5-db4c554953ca%22%2c%22Oid%22%3a%222e3b13d6-8670-423a-8d7e-db43cd9d0586%22%7d.
To join the meeting via a Teams call on your phone, call in to 406-272-4824, and use Conference ID 427 662 811#.
Please provide comment by April 14, 2023, on this Missoula County Voice webpage or send them to jdixon@missoulacounty.us.
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Edgerton Variance Request – 5987 Larch Canyon Road
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Missoula County Department of Planning, Development, and Sustainability (PDS) has received the attached variance request from Scott Edgerton, for the property located at 5987 Larch Canyon Road, legally described as Parcel A of Certificate of Survey 4352, S12, T12N, R19W. The parcel is approximately 3.07 acres and is currently occupied by a single-family residence.
Prior to the adoption of the Missoula County Zoning Regulations (MCZR), effective July 1, 2022, the subject property was Unzoned. As part of the zoning adoption, this area was zoned Agriculture Working 40 (AGW 40), which requires a minimum lot area of 40 acres per Section 2.3.C.4.a (MCZR). The subject property is considered a non-conforming parcel regarding the minimum lot size, as it is approximately 3 acres. The applicant contacted the PDS office for information on completing a Boundary Line Relocation with the adjacent property at 6153 Larch Canyon Road, however the adjacent property is also a non-conforming parcel regarding minimum lot size, at approximately 11 acres.
The Missoula County Subdivision Regulations (MCSR) states the relocation of common boundaries shall comply with local zoning or if the original tract is non-conforming, it may not result in an increase in non-conformity (Section 8.6.13.4.B MCSR). While the applicant’s parcel would be getting larger with a boundary line relocation, the adjacent parcel would be getting smaller or increasing in the non-conformity. Therefore, to process the boundary line relocation, a variance to the minimum lot size is required.
Project Link:
Project Timeline:
The public hearing before the Missoula County Board of Adjustment is scheduled for Wednesday, February 15, at 6:00 pm. Participants may attend the public hearing in-person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway, Missoula, MT. Participants may also attend the meeting virtually over Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 427 662 811#. To join the meeting on your electronic device, please use the following link: http://missoula.co/boardofadjustment
Project Planner:
Project planner Bailey Minnich can be reached at bminnich@missoulacounty.us or 406-258-4653.
Vicinity Map:
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CORNER FARM VILLAGE, L.L.C. USE VARIANCE IN CITIZEN ZONING DISTRICT #13
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Missoula County commissioners approved this variance at their Thursday, Feb. 9, 2023, public meeting.
Missoula County Department of Planning, Development, and Sustainability (PDS) has received a use variance request from Corner Farm Village, L.L.C., for the property located at the corner of Third and Tower Streets, legally described as Lots 47 & 48, Dinsmore’s Orchard Homes #5 in S24, T13N, R20W, P.M.M. The 9.25-acre parcel is zoned as Citizen Zoning District ZD#13.
The property is actively used for agricultural operations, including the Clark Fork Organics farmstand along Tower Street. Corner Farm Village, L.L.C., proposes to leave the northern portion of the property in agricultural use (approx. 8 acres); the southern portion of the property (approx. 2.2 acres) is proposed for residential use, as allowed by the zoning district, and a farm store/café, not to exceed 2,500 square feet, which will sell local products, including food harvested from the site. Other possible uses to be housed within the 2,500 s.f. building include art gallery and research/training facilities.
Citizen Zoning District #13 allows agricultural activities but does not permit commercial activities. The use variance request is intended to allow sales and food service to support the agricultural use on the northern portion of the property. The farm store/café is proposed for the building located in the southwest corner of the property – just east of the new parking area along Tower Street – labeled as “Agricultural-Related Business.” The conceptual site plan submitted with the application depicts an approved boundary line relocation and the preliminary development plan for both tracts that make up this property.
The Missoula County Board of Commissioners is authorized to grant variance requests in Citizen Zoning Districts, after a hearing and a recommendation by the Planning and Zoning Commission. In order to approve a variance request, the board must determine that the authorization of the variance will not be contrary to the public interest where, owing to special conditions, literal enforcement of the zoning regulations would result in unnecessary hardship.
The public hearing will be in a hybrid format before the Missoula Planning and Zoning Commission and Missoula County Board of Commissioners on Thursday, February 9, 2023, at 2:00 p.m. in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 W. Broadway in Missoula. To join the meeting on your phone, call (406) 272‑-‑4824, and use Conference ID 863 449 384#. To receive a link to join the Teams video meeting online, please reach out to Jennie Dixon at 406-258-4946 or jdixon@missoulacounty.us
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4636 Edward Ave. Variance Request
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Missoula County Department of Planning, Development & Sustainability (PDS) received a variance request from Kymra and Matt Archibald, for the property located at 4636 Edward Avenue, legally described as Lot 2, Double R Homesites, Block 2, S26, T13 N, R20 W & DE 2201. The parcel is approximately 0.64 acres and is currently occupied by a single-family residence.
Section 7.4(F)(2) of the Missoula County Zoning Regulations contains restrictions and limitations to development activity occurring within any Riparian Resource Buffer area. The Riparian Resource Buffer is an area that extends from the established Riparian Resource Protection Area, and whose purpose is to “keep development activity sufficiently distanced from riparian resources.” The buffer width required is based on the specific riparian resource, as outlined in Table 2 of section 7.4 of the Missoula County Zoning Regulations.
The applicants Kymra and Matt Archibald submitted Building and Land Use/ Zoning Compliance Permits to Missoula County for a remodel/addition project to their existing home located at 4636 Edward Avenue. The lower portion of the applicants’ lot closest to the Bitterroot River is in the Riparian Resource Protection Area, while the rest of their lot, including the proposed project area, is located within the 450ft Riparian Resource Buffer associated with the Bitterroot River. Section 7.4(F)(2)(e) of the Missoula County Zoning Regulations limits the expansion of existing structures to five percent of the structure’s original footprint or 150 sq ft, whichever is greater. The proposed project constitutes an addition both greater than five percent of the original footprint and 150sq ft. Section 7.4(F)(2)(j) of the Missoula County Zoning Regulations prohibits grading, excavation, and other site-altering activities in the Riparian Resource Buffer. The applicant’s construction plan would require site alterations for the proposed addition as well as possible septic-related upgrades, as determined by the Missoula City-County Health Department.
The applicant’s variance request highlights the special conditions associated with their home site. The home is on a lot in the Double R Homesites subdivision, which was originally platted in 1965. Since the platting of the subdivision, the area has been converted to a residential neighborhood that lacks the natural resources the Riparian Resource Buffer is intended to protect. Additionally, the applicants' project is limited in their inability to expand vertically due to the 30’ height restriction of the Target Range Overlay Zoning District.
Project Link:
http://apps.missoulacounty.us/go/edward-varianceProject Timeline:
The public hearing before the Missoula County Board of Adjustment is scheduled for Wednesday, December 21, 2022, at 6:00 pm. Participants may attend the public hearing in-person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway, Missoula, MT. Participants may also attend the meeting virtually over Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 427 662 811#. To join the meeting on your electronic device, please use the following link: http://missoula.co/boardofadjustmentProject Planner:
Project planner Nick Zanetos can be reached at nzanetos@missoulacounty.us or 406-258-3869.
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Peterbilt Sign Variance
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This project was approved at the Jan. 18, 2023, Board of Adjustment hearing.
*During the December 21, 2022, Board of Adjustment hearing, the applicant informed the county that the proposed sign package had been modified and one of the sign types, S2, increased in size. This resulted in a change to the variance request for the total cumulative sign area, as shown in bold below. The previous cumulative sign area was 643.3 sq ft. The county is re-noticing adjacent property owners to ensure the correct information is reflected in the notice. Any previously submitted comment will still be included in the staff report. A continuation of the December hearing is scheduled for January 18, 2023. Please see below for more information. *
Project Background:
Missoula County Department of Planning, Development, and Sustainability received a variance application from Shauna Gappmayer of YESCO LLC, on behalf of Peterbilt, for the property located at 4867 Technology Ct., legally described as Missoula Development Park- Ph 5C L01-6, Lot A. The parcel is approximately 10.68 acres and is currently under construction.
The subject parcel is within the Missoula Development Park 6.08 Legacy District. Peterbilt is requesting a variance from sign requirements set forth in this zoning district. Specifically, Peterbilt is requesting a variance from the following:
- Section E.(3)(b)(i) allows for 1 sq ft of sign area per 100 sq ft of business floor area up to a maximum of 200 sq ft
- Peterbilt is proposing 754.90 sq ft of cumulative sign area
- Section E.(3)(b)(vi) allows a business open at night one pole sign with a maximum height of 24’ above the road and 48 sq ft in siz
- As a business operating at night, Peterbilt is proposing one pole sign with a height of 40’ above the road and 177.6 sq ft in size
- Section E.(3)(b)(vi) allows for two wall surface signs not to exceed 10% of the wall areas.
- Peterbilt is proposing 5 wall surface signs, all less than 10% of the wall area
Project Link:
http://apps.missoulacounty.us/go/peterbilt-sign
Project Timeline:
The public hearing before the Missoula County Board of Adjustment is scheduled for 6 p.m. Wednesday, January 18 , 2023. Participants may attend the public hearing in-person in the Sophie Moiese Room of the Missoula County Courthouse Annex, 200 West Broadway, Missoula, MT. Participants may also attend the meeting virtually over Microsoft Teams. To join the call on your phone, call 406-272-4824, Conference ID 427 662 811#. To join the meeting on your electronic device, please use the following link: http://missoula.co/boardofadjustment
Project Planner:
Project planner Emily Andrea can be reached at eandrea@missoulacounty.us or 406-258-4652.
- Section E.(3)(b)(i) allows for 1 sq ft of sign area per 100 sq ft of business floor area up to a maximum of 200 sq ft
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