City Variance 1281 – 604 S 35th St – Lot Area, setbacks – A variance from Section 27-308 requiring a minimum lot area of 7,000 for 2 dwelling units to allow a minimum lot area of 6,600 square feet, from 27-308 requiring a minimum rear setback of 20 feet to allow a rear setback of 0 feet; from 27-308 requiring an 8-foot side setback for a 2-story structure to allow a side setback of 0 feet in a Residential 6,000 (R-60) zone on the east 88 feet of Lots 10-12, Block 220, Billings Original Town. The purpose of the variance is to allow the removal of existing detached garages & carports and re-construct a new garage with an apartment above. Presented by Karen Husman, Planner I.

Staff recommends conditional approval of the variance.

OWNERS:                              Jay and Denise Buffington
PURPOSE:                            To allow a minimum lot area of 6,600 sf for 2 dwelling units & a side setback of 0 feet & rear setback of 0 feet.
LEGAL DESCRIPTION:           The east 88 feet of Lots 10-12, Block 220, Billings Original Town
ADDRESS:                            604 S 35^th St
EXISTING LAND USE:            Residential
PROPOSED LAND USE:        Residential
EXISTING ZONING:                R-60

None.

Subject Property – None
 
Surrounding Property – There have been 11 variances in this area of the subdivision.  Six for lot area (one denied), two for arterial setbacks, one for non-conforming use, one for lot size and coverage, and one for lot coverage and detached garage size.

NORTH:   Zoning:      R-60
                  Land Use:  Residential & Residential-Multi Family
SOUTH:    Zoning:      R-60
                  Land Use:  Residential & Residential-Multi Family
EAST:       Zoning:      R-60
                  Land Use:  Residential & Residential-Multi Family
WEST:      Zoning:      R-60
                  Land Use:  Residential & Residential-Multi Family

The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 7,000 for 2 dwelling units to allow a minimum lot area of 6,600 square feet, from 27-308 requiring a minimum rear setback of 20 feet to allow a rear setback of 0 feet; from 27-308 requiring an 8-foot side setback for a 2-story structure to allow a side setback of 0 feet in a Residential 6,000 (R-60) zone on the east 88 feet of Lots 10-12, Block 220, Billings Original Town. The purpose of the variance is to allow the removal of existing detached garages & carports and re-construct a new garage with an apartment above.
 
There have been similar variances approved in this area of Billings.  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 build a garage with living space to accommodate a sibling with special needs.  According to the county property information available, the existing dwelling was constructed in 1909, prior to current zoning regulations.  Removing the older garage and carport structures and replacing them with a new garage with living space will not only enhance the property and usefulness to the applicant, but also enhance the neighborhood with new construction.

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.