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Zoning Board Approves Controversial Garage Boundary Relocation

August 16, 2024 | Silver Bow County, Montana


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Zoning Board Approves Controversial Garage Boundary Relocation
In a recent meeting, the Butte Silver Bow Board of Adjustments reviewed a proposal to modify zoning regulations concerning a property at 1727 Farragut. The applicant seeks to create a non-conforming parcel that would allow for a detached garage to exist without a primary residence on the lot. This involves relocating the property line between adjacent lots 31, 32, and 33, which currently host two pre-existing garages.

The proposal aims to incorporate one of the garages into the parcel at 1727 Farragut while allowing the second garage, located on Lot 33A, to be sold alongside the primary residence at 2318 Argyle. The zoning designation for these properties is R1, which typically accommodates single-family residential development and requires accessory structures to be associated with a primary residence to mitigate potential nuisances.

The Board of Adjustments is tasked with evaluating the proposal against three criteria: public interest, unnecessary hardship, and adherence to the spirit of the zoning ordinance. The staff report indicated that the proposal would not be contrary to public interest, as it would help conform the property at 1727 Farragut by associating one garage with a primary residence. Furthermore, the existing nature of the garages means that their presence would not alter the character of the neighborhood.

While the applicant acknowledged that the properties do not have unique geological or topographical conditions, they argued that the existing garages pose challenges for future use or sale without the proposed boundary adjustment. The staff report concluded that the proposal would not grant special privileges to the applicant, as it aligns with the zoning ordinance's intent.

The planning staff recommended approval of the variance application, contingent upon specific conditions. These include a deed restriction requiring that both parcels and their respective structures be sold together and prohibiting outside storage of vehicles or commercial use of the garages. The Board will consider these recommendations in their final decision.

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