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Zoning board grants variance for garage setback at 224 American Drive after finding septic and topography create hardship

July 17, 2025 | Silver Bow County, Montana


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Zoning board grants variance for garage setback at 224 American Drive after finding septic and topography create hardship
On July 17 the Butte‑Silver Bow Zoning Board of Adjustments approved Variance 25‑5, allowing construction of a 1,200‑square‑foot detached garage at 224 American Drive with a 10‑foot side‑yard setback where the R‑1S zoning district requires 15 feet. The board voted 4‑0 in favor after staff and the applicant outlined site constraints.

Aiden, planner for the county, told the board the R‑1S code normally requires detached accessory structures to be at least 15 feet from side property boundaries. The applicant requested a 5‑foot reduction on the southeast property line because of the location of an on‑site septic replacement field, a creek that channels drainage across the parcel, and sloping topography that limit alternative building locations. Aiden said the parcel is not within a designated flood hazard area.

Staff concluded the requested reduction would not be contrary to the public interest, would not unreasonably change neighborhood character, and that literal enforcement of the setback would create an unnecessary hardship because the septic distribution area and the creek location are specific to the property. Planning staff recommended approval, subject to the applicant meeting all building and fire code requirements and obtaining the required permits.

Applicant Christopher Ingram told the board he was not the original owner of the house and that he had to replace the septic system after purchase; he said the system’s placement constrained where a garage could be safely located. Ingram also said the proposed garage would match the house in siding, shingles and doors so it would blend with existing neighborhood character.

A board member noted that DEQ sanitary requirements for septic siting typically rely on test pits and site‑specific conditions; planning staff agreed that those regulatory siting requirements are precise and can limit lot layout options. After brief board discussion endorsing the hardship finding, a member moved to approve the variance with the condition that the applicant obtain all required permits; the motion passed 4‑0.

Planning staff will send the applicant the formal approval letter and instructions for building permits and inspections.

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