Variance 1225 – 1048 N 23^rd St – Lot Area – A variance from Section 27-308 requiring a minimum lot area of 20,000 square feet for 2 four-plexes (8 dwelling units) in a Residential Multi-family-Restricted (RMF-R) zoning district on the North 100 feet of Lot 1, Block 8, Sunnyside Subdivision, 2^nd Filings to allow a minimum lot area of 14,000 square feet for 1 existing four-plex and 1 proposed four-plex and to allow the creation of two 7,000 square foot lots. Tax ID: A16392.  Presented by Karen Husman, Planner I.

Planning Staff is recommending conditional approval.

OWNERS:                              Mark Wright AGENT:                                 Territorial Landworks, Inc., Jordan Ornquist PURPOSE:                            To reduce the minimum required lot size from 10,000 square feet for an existing 4-plex dwelling to allow 7,000 square feet, and creation of a second 7,000 sf lot for a proposed 4-plex. LEGAL DESCRIPTION:        North 100 feet of Lot 1, Block 8, Sunnyside Subdivision, 2nd Filing ADDRESS:                            1048 North 23rd Street EXISTING LAND USE:         Residential PROPOSED LAND USE:     Residential EXISTING ZONING:             RMFR:

None

Records show there have been 21 variance requests in this subdivision.  The variance requests have been for lot coverage, setbacks, increase in non-conforming use and multiple dwelling units on small lots. Three of the 21 variances were denied and they included change in non-conforming uses, decrease in parking, and a lot area variance for a duplex.

NORTH:   Zoning:      R-70
                  Land Use: Residential
SOUTH:    Zoning:      R-70 
                  Land Use: Residential
EAST:       Zoning:      R-70
                  Land Use: Residential Multi-Family & Single Family
WEST:      Zoning:      R-70
                  Land Use: Residential Multi-Family

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 20,000 square feet for 2 four-plexes (8 dwelling units) in a Residential Multi-family-Restricted (RMF-R) zoning district on the North 100 feet of Lot 1, Block 8, Sunnyside Subdivision, 2nd Filing to allow a minimum lot area of 14,000 square feet for 1 existing four-plex and 1 proposed four-plex, and to allow the creation of two 7,000 square foot lots. According to the County information available, the existing structure that contains the four-plex was built in 1936.  
 
This is an older neighborhood in Billings and there are several properties in the area that have more than one dwelling unit on them. There have been variances that have been granted in the area for three-plexes and five-plexes on smaller lots than what is allowed by current zoning.  There are other properties in the neighborhood that have multiple dwelling units on smaller lots.  Some properties have obtained variances in this subdivision while others have not.  The existing 14,000 square foot lot would allow two additional units to be added to the existing structure to make a maximum of six units in one six-plex on the property.  Because of the age of the existing building, there would be significant upgrading required to bring it to current building code requirements and site development requirements in order to add additional units.
 
The applicant would like to subdivide the property into two lots.  One of the lots would be undeveloped and the other would contain the existing four-plex. The applicant is proposing construction of another four-plex on the newly created 7,000 square foot lot for a total of 8 units on two lots. The applicant would need a variance for the existing four-plex on one of the lots and an variance to build a new four-plex on one of the lots.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance for the existing four-plex on a 7,000 square foot lot (proposed lot 1B). Staff is not recommending a variance for allowing a new four-plex on the proposed lot 1A as there is no existing structure that creates a hardship under the criteria. Other variances in the neighborhood have been for existing multi-family structures. The new vacant lot would be in conformance with the zoning regulations as a 7,000 square foot parcel of land and would allow two dwelling units by right. There are other lots in the neighborhood that have this same allowance under zoning. Allowing the variance as proposed by staff would allow for 6 dwelling units total on the two parcels.

Planning Staff is recommending conditional approval of Variance #1225 based on the determinations for granting a variance.