Variance 1236 – 317 S 30^th St – Side Setback – A variance from 27-308 requiring a minimum 5-foot side setback for a principal structure (residence) and from 27-310(i) requiring a minimum 3-foot side setback for a detached garage, to allow a minimum ½-foot side setback for each existing structure in  Residential Multi-family- Restricted (RMF-R) zone on the South 10 feet on Lot 20 and all of Lot 21, Block 167, Billings Original Town, a 4,900 square foot parcel of land. The variance would allow the issuance of a re-build letter for the existing buildings at the current non-conforming side setback. Tax ID: A01109. Presented by Nicole Cromwell, Zoning Coordinator

The Planning staff recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1236

OWNER: Ann Nelson
AGENT: Jami Clark
LEGAL DESCRIPTION: Billings Original Town, Block 167 the South 10 feet of Lot 20 and Lot 21
ADDRESS: 317 S 30th Street
CURRENT ZONING: RMF-R
EXISTING LAND USE: Single family dwelling
PROPOSED USE: Same with the ability to re-build at the same setback
SIZE OF PARCEL: 4,900 square feet

None.

Subject Property: None
Surrounding property: There are 16 locations in the surrounding neighborhood with applications for variances from lot area or from setbacks (front, side or rear). All but one of those applications have been approved. The one variance denied was for lot area requirements for an existing 6-unit building at 624 S 31st Street. The BOA found the structure to out of character for the area, and had been converted without a permit from a single family home to a six unit apartment building at some time in the past. The surrounding property owners also did not support the requested variance due to continual disturbances from the tenants. At least 5 of the approved variances were for a zero side setback.

NORTH:	Zoning: RMF-R Land Use: Single family, two family and multi-family dwellings
SOUTH:	Zoning: RMF-R Land Use: Single family, two-family and multi-family dwellings
EAST:	Zoning: RMF-R Land Use: Single family, two-family and multi-family dwellings
WEST:	Zoning: RMF-R Land Use: Single family, two-family and multi-family dwellings

This is an application for a side setback variance for and existing dwelling and existing detached garage from 5 feet (dwelling) to 1/2-foot and from 3 feet (garage) to 1/2-foot. The property owner cannot secure a re-build letter allowing the re-construction of these 2 structures without a variance. The re-build letter is necessary to secure financing of the property for a new owner. The property is an unusual size for this zoning district where the minimum is 6,000 square feet. The lot is only 35 feet in total width and 140 feet in depth from the street to the alley. Reconstruction would be allowed so long as the minimum side, front and rear setbacks are met. In this case, the 2 side setbacks of 5 feet each amount to nearly 1/3 of the lot width. A re-constructed dwelling would have to be no more than 25 feet in width across the front. Re-locating the building footprint for re-construction of the dwelling would be a hardship. The detached garage is accessed from the alley and is 20 feet in width. It is located 1/2-foot from the side property and allows an additional surface parking space between the north side of the garage and the adjacent property line. Re-locating the garage foot print would probably also require re-location of the sanitary service line that runs from the rear of the house out to the alley. Reducing the foot print of the garage would result in less than 2 covered parking spaces. This is a hardship with this lot that is not applicable to other property within the area.
The subject dwelling was constructed in 1910 and is a single family dwelling. The dwelling and garage are in good condition and although the property is smaller than expected, it is not the smallest lot in single ownership in this area of Billings. The applicant does not intend to modify or expand the dwelling or garage so the variance is to obtain financing for a new owner. Since 2008, the lending rules and regulations have been tightened so most existing homes need a re-build letter from the local jurisdiction prior to lending on the property. This area of Billings has a number of homes, two-family dwellings and multi-family dwellings on lots less than the current requirement and built closer to property lines than normally allowed. The principal purpose of a side setback for dwellings and garages is to ensure safety from fire and to allow unimpeded access to all sides of a building if there is an emergency. Secondarily, the side setback serves as an area where roof drainage can be absorbed on the owner's property.
The BOA has granted at least 15 variances in this area of Billings to reduce side, front or rear setbacks both for existing buildings and for additions to homes or garages. In some cases, the BOA has imposed conditions requiring any re-built structure to meet the required setbacks but this is not required. In this case, imposing a future side setback may result in a hardship requiring the owner to build a structure out of character for the area, or so minimal in first floor square footage to be unsuitable for family occupancy.
The Planning staff has reviewed the request and the 7 criteria for variances and is recommending conditional approval. The size and narrow width of the lot is a hardship as are the existing conditions for utility services to the property. Re-construction of the dwelling can be conditioned so that all building and life safety codes are observed when this occurs in the future. The same conditions can apply to the garage as well. The Planning staff received no letters of comment or concern from the surrounding property owners. The existing dwelling does have rain gutters that keep roof run off from leaving the property. The Planning staff is recommended several conditions fo approval to mitigate any future potential impacts from the re-construction at the 1/2-foot side setback from the south property line. These conditions are contained in the attachment for the Review Criteria Findings.

Planning staff recommends conditional approval and adoption of the findings of the 7 criteria for Variance 1236.