Variance 1237 – 1119 25^th St West – Lot Area - A variance from 27-308 requiring a minimum lot area of 9,600 square feet for a 2-family dwelling, to allow a minimum lot area of 8,840 square for an existing 2-family dwelling in a Residential 7,000 (R-70) zone on Lot 10, Block 1 of Lillis Subdivision, 2^nd Filing. The variance would allow the issuance of a re-build letter for the existing 2-family dwelling in order to secure re-financing. Tax ID: A10205.
 

Planning Staff is recommending conditional approval.

OWNERS:                             Caleb Bruski
AGENT:                                 None
PURPOSE:                            To reduce the minimum required lot size from 9600 square feet for an existing duplex
                                               to allow 8,840 square feet for 2 dwelling units.
LEGAL DESCRIPTION:         Lot 10, Block 1, Lillis Subdivision, 2^nd filing
ADDRESS:                            1119 25^th Street West
EXISTING LAND USE:          Residential
PROPOSED LAND USE:      Residential Multi family
EXISTING ZONING:              Residential-7000 (R-70)

None

Records show there have been 10 variance applications in this subdivision.  Nine of them were for setbacks and 5 of those were approved. Four were denied. One application was for lot area and was conditionally approved.

NORTH:   Zoning:      R-70
                  Land Use:  Single Family Dwellings
SOUTH:   Zoning:      R-70
                  Land Use:  Single Family Dwellings
EAST:      Zoning:      R-70
                  Land Use: Single Family Dwellings
WEST:     Zoning:      R-70
                  Land Use: Single Family Dwellings

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 9,600 square feet for a 2-family dwelling, to allow a minimum lot area of 8,840 square for an existing 2-family dwelling in a Residential 7,000 (R-70) zone on Lot 10, Block 1 of Lillis Subdivision, 2nd Filing. The variance would allow the issuance of a re-build letter for a 2-family dwelling in order to secure re-financing.
 
This is an older neighborhood in Billings and there are no records to indicate there are multifamily dwellings in this subdivision. There have been 10 variance applications in this subdivision. There are no other properties in the neighborhood that have multiple dwelling units.  The applicant is asking for a variance to allow two units on a property that staff found no history of being a multi-family dwelling in the tax records or building permit records.  However, the applicant has supplied evidence that indicates there is a basement apartment and the structure meets the definition of a duplex.  It appears the home had been modified at some point in the past and has been used as a two-unit structure.  Staff has no way to verify the basement unit was constructed prior to zoning.  The photos supplied by the applicant show some upgrading in appliances and doors, but do indicate the age of the kitchen and one bedroom have materials (closets, cabinets and countertops) that look like they could be from the 1960s or 70's.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance to allow a duplex dwelling on the property based on the criteria for granting a variance. Other variances in the neighborhood have been for setbacks and one for lot area. 

Planning Staff is recommending conditional approval of City Variance #1237 based on the criteria for variances.