Variance 1246 –  2730 41^st St West - Accessory Building Area - A variance from 27-310(i)(3) requiring a maximum floor area of 1,500 square feet per detached accessory structure and not more than 2,000 square feet total detached accessory structure floor area to allow 2,200 square feet for a single detached structure and a total of 3,000 square feet of detached accessory structure area in a Residential 9,600 (R-96) zone on Lots 5 through 10, of Westfield Subdivision, a 3.731 acre parcel of land. Tax IDs: C02266 & C02267.  Presented by Karen Husman, Planner I.

Planning Staff is recommending denial.

OWNERS:                              Adam & Kevin Kimmet
AGENT:                                 Frank Nieneber, Studio 4 Architects
PURPOSE:                             To allow 2,200 square feet for a single detached structure and a total of 3,000 square feet of detached accessory structure area
LEGAL DESCRIPTION:      Lots 5 through 10, of Westfield Subdivision
ADDRESS:                            2746 41^st Street West
EXISTING LAND USE:       Residential
PROPOSED LAND USE:     Residential
EXISTING ZONING:            Residential-9600 (R-96)

None

Subject Property – None
 
Surrounding Property – Records show there have been six variance requests in this subdivision.  The variance requests have been for height allowance, four were for structure height (two approved, one denied, one withdrawn), one was for fence height (approved).   In addition, Staff has researched the surrounding neighborhoods and found no similar properties.  There are not any detached garages in the area that would exceed the required maximum size for a detached accessory structure, or total detached structure square footage allowance.

NORTH:   Zoning:      R-96
                  Land Use:  Residential single family
SOUTH:    Zoning:      R-96
                  Land Use:  Residential single family
EAST:       Zoning:      R-96
                  Land Use:  Residential single family
WEST:      Zoning:      R-96
                  Land Use:  Residential single family

The applicant is requesting a variance from 27-310(i)(3) requiring a maximum floor area of 1,500 square feet per detached accessory structure and not more than 2,000 square feet total detached accessory structure floor area to allow 2,200 square feet for a single detached structure and a total of 3,000 square feet of detached accessory structure area in a Residential 9,600 (R-96) zone on Lots 5 through 10, of Westfield Subdivision, a 3.731-acre parcel of land.
 
This neighborhood in Billings is near the rims south of Rimrock Road. There were not any variance applications found for accessory structure size. Research of the surrounding neighborhoods did not find any other oversized accessory structures.   The applicant has an approved building permit for the new single family dwelling with an attached four car garage and would like to build an additional detached four car garage.   The parcel of land is 3.731 acres and if subdivided into the minimum size lots in the zoning district of 9,600 square feet would allow sixteen single family dwellings as well as their allowed accessory structures.  In that scenario, the structures would still have to meet the maximum restrictions on size of accessory structure and lot coverage for each lot, however it may also create more density for the entire 3 plus acre area. 
 
Planning staff has reviewed this application and is forwarding a recommendation of denial for a variance to allow 2,200 square feet for a single detached structure and a total of 3,000 square feet of detached accessory structure area based on the determinations for granting a variance.

Planning Staff is recommending denial of City Variance #1246 based on the criteria for variances.