b.
City Board of Adjustment
- Meeting Date:
- 08/02/2017
- SUBJECT
- City Variance # 1265-518 Broadwater Ave.
- THROUGH:
- Wyeth Friday
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance – 1265–518 Broadwater; variance request from 27-308 requiring a minimum lot area of 8,500 square feet for an existing three-unit multi-family dwelling to allow a minimum lot area of 5,250 square feet in a Residential 6,000 (R-60) zone on Lot 37 and the West ½ Lot 38, Block 2, Yellowstone Addition Subdivision. Tax ID: A18872. Presented by Karen Husman, Planner I
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for Variance #1265, based on the determinations for granting a variance.
APPLICATION DATA
OWNERS: Nathan M. & Heidi S Matelich
AGENT: Same
PURPOSE: To allow a minimum lot area of 5,250 square feet for an existing triplex.
LEGAL DESCRIPTION: Lot 37 and the West ½ Lot 38, Block 2, Yellowstone Addition Subdivision.
ADDRESS: 518 Broadwater Ave.
EXISTING LAND USE: Residential Multi Family
PROPOSED LAND USE: Residential Multi Family
EXISTING ZONING: R-6000
AGENT: Same
PURPOSE: To allow a minimum lot area of 5,250 square feet for an existing triplex.
LEGAL DESCRIPTION: Lot 37 and the West ½ Lot 38, Block 2, Yellowstone Addition Subdivision.
ADDRESS: 518 Broadwater Ave.
EXISTING LAND USE: Residential Multi Family
PROPOSED LAND USE: Residential Multi Family
EXISTING ZONING: R-6000
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
Subject Property – None
Surrounding Property – There have been 22 variance requests in this subdivision. Four were for a change in non-conforming use, two were for lot coverage, nine were for setbacks (one denied), Six were for lot size (one denied), and one was for setbacks and lot size.
Surrounding Property – There have been 22 variance requests in this subdivision. Four were for a change in non-conforming use, two were for lot coverage, nine were for setbacks (one denied), Six were for lot size (one denied), and one was for setbacks and lot size.
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RP/R-70
Land Use: Commercial/Residential
SOUTH: Zoning: R-60
Land Use: Residential Single Family & Multi-Family
EAST: Zoning: R-60
Land Use: Residential Single Family & Multi-Family
WEST: Zoning: R-60
Land Use: Residential? Single Family & Multi-Family
Land Use: Commercial/Residential
SOUTH: Zoning: R-60
Land Use: Residential Single Family & Multi-Family
EAST: Zoning: R-60
Land Use: Residential Single Family & Multi-Family
WEST: Zoning: R-60
Land Use: Residential? Single Family & Multi-Family
BACKGROUND
The applicant is requesting a variance from 27-308 requiring a minimum lot area of 8,500 square feet for an existing three-unit multi-family dwelling to allow a minimum lot area of 5,250 square feet in a Residential 6,000 (R-60) zone on Lot 37 and the West ½ Lot 38, Block 2, Yellowstone Addition Subdivision.
The lot is in an older part of Billings and many of the surrounding lots were developed before zoning regulations existed. Many of the surrounding properties may or may not conform to current zoning requirements. Granting this variance would not be granting a special privilege to this property owner. Surrounding property owners have been given lot area variances in the past. Five variances for lot area have been applied for in this neighborhood since 1984. All five of the lot area variances have been conditionally approved. This applicant is not requesting to construct any new dwelling units but is requesting the ability to re-construct the existing building if necessary in the future. This variance approval would provide the applicant the ability to acquire a rebuild letter in order to refinance the property.
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.
The lot is in an older part of Billings and many of the surrounding lots were developed before zoning regulations existed. Many of the surrounding properties may or may not conform to current zoning requirements. Granting this variance would not be granting a special privilege to this property owner. Surrounding property owners have been given lot area variances in the past. Five variances for lot area have been applied for in this neighborhood since 1984. All five of the lot area variances have been conditionally approved. This applicant is not requesting to construct any new dwelling units but is requesting the ability to re-construct the existing building if necessary in the future. This variance approval would provide the applicant the ability to acquire a rebuild letter in order to refinance the property.
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for Variance #1265, based on the determinations for granting a variance.