3792 Eastside Highway Variance - Metully

Action Requested: Discussion/possible action regarding a request for approval of a variance to the setback standards, lot coverage standards, and minimum lot square footage of the Stevensville Development Code, to allow for the construction of storage units, pursuant to Division 4, Board of Adjustments, Variances and Appeals.

Location: 3792 Eastside Highway, Stevensville, Ravalli County, MT
Property Owner: Dan Metully
Parcel Size: ± 72,745.20 sq feet (A) ± 27,007.20 sq feet (B)
Current Zoning: C-3 (Highway Commercial)
Current Land Use: Mixed, Self Storage
Area Zoning/Land uses:

• North: C-3 Commercial, conforming use
• East: R-1/R-2 Low/Medium Density Residential, conforming use
• South: C-3 Commercial, conforming residential use
• West: C-3 Commercial, conforming residential use

PROJECT SUMMARY

The applicant is requesting approval of a variance to allow for the reduction of the lot line setbacks, lot coverage standards, and minimum lot size standards for the construction of self-storage units.

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.”