City Variance 1274 – 1727 Yellowstone - The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 9,600 square feet for two (2) dwellings units and Section 27-308 requiring a minimum 20 foot rear setback to allow a 0-foot rear setback in a Residential 7,000 (R-70) zone, on Lot 7, Block 4 of Burg Subdivision, 2nd Filing, an 8,400 square foot parcel of land. The purpose of the variance is to allow the sale and financing of the subject property and no construction or reconstruction is proposed at this time. Tax ID: A03841. Presented by: Karen Husman, Planner I

Conditional Approval.

OWNER: Jacob Platt
LEGAL DESCRIPTION: Lot 7, Block 4 of Burg Subdivision 2nd Filing
ADDRESS: 1727 Yellowstone Avenue
CURRENT ZONING: R-70
EXISTING LAND USE: Residential
PROPOSED USE: Residential
SIZE OF PARCEL: 8,400 sf

None.

There have been four variance applications in this subdivision all were for setbacks, all approved. There have been 10 similar variances for multiple units on a parcel of land smaller than what is allowed granted in the surrounding neighborhoods (nine approved, one was denied).

NORTH:   Zoning:      Residential- 7000 (R-70)
                  Land Use:  Residential single family
SOUTH:    Zoning:      R-70
                  Land Use:  Residential single family
EAST:       Zoning:      R-70
                  Land Use:  Residential single family
WEST:      Zoning:      R-70
                  Land Use:  Residential single family

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 9,600 square feet for 2 dwelling units and Section 27-308 requiring a minimum 20 foot rear setback to allow a 0-foot rear setback in a Residential 7,000 (R-70) zone, on Lot 7, Block 4 of Burg Subdivision 2nd Filing, an 8,400 square foot parcel of land for two existing single family dwellings.
 
The lot is in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. The applicant is wishing to obtain a rebuild letter for the property so they are able to complete the sale of the property. According to the county information available, the existing dwellings were constructed in 1954, prior to current zoning regulations.  There have been similar variances approved in the area, 10 for lot size (one denied) and four variances for setbacks (all approved).  The majority of the lot size variance applications were for multiple dwelling units in one or more buildings. One was for an existing single family dwelling and a proposed new single family dwelling (this was denied 1998) to allow two dwellings on a 9,600 square foot lot in a Residential-6000 (R-60) zone, varying from the 12,000 square foot requirement at that time.  The current regulation for R-60 would allow 2 single family dwellings on a 7,000 square foot lot.

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.  Staff finds that the proposed variance would provide the applicant similar rights that are enjoyed by other property in the neighborhood.