a.
City Board of Adjustment
- Meeting Date:
- 09/05/2018
- SUBJECT
- Variance 1285 - Sunnyside Subdivision, 2nd Filing
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1285 – Multiple addresses on 11th Ave N and N 24th St – Lot area; front, rear, side and side adjacent to street setbacks -
A variance from Section 27-308 requiring a minimum lot area of 17,000 square feet for one (1) 4-plex and one (1) duplex to allow 7,000 square feet; requiring a minimum front setback of 15 feet to allow a minimum front setback of 4 feet (2316 11th Ave N); requiring a minimum side adjacent to street setback of 10 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) and 4 feet (2316 11th Ave N); requiring a minimum rear setback of 15 feet to allow 0 feet (2316 11th Ave N); and requiring a side setback of 5 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) on the north 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing in a Residential Multi-family-Restricted (RMF-R) zone - Tax ID A16402.
A variance from Section 27-308 requiring a minimum lot area of 13,000 square feet for one (1) duplex and one (1) single family dwelling to allow 7,000 square feet; requiring a minimum rear setback of 15 feet to allow 4 feet (1043 ½ N 24th St); and requiring a side setback of 5 feet to allow 4 feet (1043 ½ N 24th St) on the south 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing in a Residential Multi-family-Restricted (RMF-R) zone – Tax ID A16401. The purpose of these variances is to allow the issuance of a re-build letter for the purposes of financing or sale in the future. Presented by; Karen Husman, Planner I
A variance from Section 27-308 requiring a minimum lot area of 17,000 square feet for one (1) 4-plex and one (1) duplex to allow 7,000 square feet; requiring a minimum front setback of 15 feet to allow a minimum front setback of 4 feet (2316 11th Ave N); requiring a minimum side adjacent to street setback of 10 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) and 4 feet (2316 11th Ave N); requiring a minimum rear setback of 15 feet to allow 0 feet (2316 11th Ave N); and requiring a side setback of 5 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) on the north 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing in a Residential Multi-family-Restricted (RMF-R) zone - Tax ID A16402.
A variance from Section 27-308 requiring a minimum lot area of 13,000 square feet for one (1) duplex and one (1) single family dwelling to allow 7,000 square feet; requiring a minimum rear setback of 15 feet to allow 4 feet (1043 ½ N 24th St); and requiring a side setback of 5 feet to allow 4 feet (1043 ½ N 24th St) on the south 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing in a Residential Multi-family-Restricted (RMF-R) zone – Tax ID A16401. The purpose of these variances is to allow the issuance of a re-build letter for the purposes of financing or sale in the future. Presented by; Karen Husman, Planner I
RECOMMENDATION
Staff recommends conditional approval of the variance.
APPLICATION DATA
OWNERS: Red Gate 2, Britt Romain
PURPOSE: A request to allow 7,000 square feet for (1) 4-plex and one (1) duplex; to allow a minimum front setback of 4 feet (2316 11th Ave N); a minimum side adjacent to street setback of 2 feet (2320 11th Ave N & 1045/1047 N 24th St) and 4 feet (2316 11th Ave N); allow a minimum rear setback of 0 feet (2316 11th Ave N); and requiring a side setback of 2 feet (2320 11th Ave N & 1045/1047 N 24th St) - Tax ID A16402. To allow a minimum lot area of 7,000 square feet for one (1) duplex and one (1) single family dwelling; allow a minimum rear setback of 4 feet (1043 ½ N 24th St); and a side setback of 4 feet (1043 ½ N 24th St)
LEGAL DESCRIPTION: North 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing AND South 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing
ADDRESS: Multiple Addresses 24th St North and 11th Ave N
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70 (Zone Change 968 to RMF-R approved on second reading 8/27/18)
PURPOSE: A request to allow 7,000 square feet for (1) 4-plex and one (1) duplex; to allow a minimum front setback of 4 feet (2316 11th Ave N); a minimum side adjacent to street setback of 2 feet (2320 11th Ave N & 1045/1047 N 24th St) and 4 feet (2316 11th Ave N); allow a minimum rear setback of 0 feet (2316 11th Ave N); and requiring a side setback of 2 feet (2320 11th Ave N & 1045/1047 N 24th St) - Tax ID A16402. To allow a minimum lot area of 7,000 square feet for one (1) duplex and one (1) single family dwelling; allow a minimum rear setback of 4 feet (1043 ½ N 24th St); and a side setback of 4 feet (1043 ½ N 24th St)
LEGAL DESCRIPTION: North 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing AND South 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing
ADDRESS: Multiple Addresses 24th St North and 11th Ave N
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70 (Zone Change 968 to RMF-R approved on second reading 8/27/18)
CONCURRENT APPLICATIONS
Zone Change 968, from R-7000 to RMF-R was approved on second reading by the City Council on August 27, 2018. The zoning will go into effect 30 days from the second reading.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Variance | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 1041 N 24th St 2320 11th Ave N |
None | ||||
| SURROUNDING PROPERTY | Variance | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 2413 9th Ave N | 525 | 4/28/87 | Side SB and rear | Yes | |
| 1131 N 25th St. | 680 | 9/27/93 | Side SD | Yes |
|
| 144 N 22nd St. | 691 | 9/27/93 | Lot area for 3plex | Yes |
|
| 917 N 24th St |
704 | 10/11/94 | Side and Garage sb | Yes | |
| 1147 N 25th st | 1197 | 8/6/14 | Lot area | No | |
| 2307 11th Ave N | 1227 | 5/416 | Lot area | Yes | |
| 1045 N 25th St | 1138 | 2/6/13 | Lot area and setbacks | Yes |
|
| 1315 N 27th St | 293 | 9/29/81 | Arterial setback | Yes | |
| Lot 3, Blk 14 Sunnyside sub 4th |
365 | 7/26/83 | Lot area | Yes |
|
| Lot 2, Blk 21 Sunnyside Sub | 336 | 9/28/82 | Front and arterial SB | Yes | |
| 937,939,939 ½ N 24th St | 1061 | 10/7/09 | Lot area | Yes |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Residential 7,000 (R-70)
Land Use: Residential two-family
SOUTH: Zoning: R-70
Land Use: Residential single family
EAST: Zoning: RMF-R
Land Use: vacant and multi-family (4-plex)
WEST: Zoning: R-70
Land Use: Residential single family
Land Use: Residential two-family
SOUTH: Zoning: R-70
Land Use: Residential single family
EAST: Zoning: RMF-R
Land Use: vacant and multi-family (4-plex)
WEST: Zoning: R-70
Land Use: Residential single family
BACKGROUND
The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 17,000 square feet for one (1) 4-plex and one (1) duplex to allow 7,000 square feet; requiring a minimum front setback of 15 feet to allow a minimum front setback of 4 feet (2316 11th Ave N); requiring a minimum side adjacent to street setback of 10 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) and 4 feet (2316 11th Ave N); requiring a minimum rear setback of 15 feet to allow 0 feet (2316 11th Ave N); and requiring a side setback of 5 feet to allow 2 feet (2320 11th Ave N & 1045/1047 N 24th St) on the north 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing in a Residential Multi-family-Restricted (RMF-R) zone (Tax ID A16402).
A second set of variances is requested from Section 27-308 requiring a minimum lot area of 13,000 square feet for one (1) duplex and one (1) single family dwelling to allow 7,000 square feet; requiring a minimum rear setback of 15 feet to allow 4 feet (1043 ½ N 24th St); and requiring a side setback of 5 feet to allow 4 feet (1043 ½ N 24th St) on the south 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing. (Tax ID A16401)
These lots are in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. The requested pending zone change to RMF-R will allow the existing multi-family dwellings to remain on the property. This variance approval would allow the existing number of dwelling units on these two 7,000 square foot lots, as well as the existing location of the dwellings (setback distances) to be in conformance. Currently, there are two duplex dwellings, one single family dwelling and one fourplex on the property, for a total of nine dwelling units.
A second set of variances is requested from Section 27-308 requiring a minimum lot area of 13,000 square feet for one (1) duplex and one (1) single family dwelling to allow 7,000 square feet; requiring a minimum rear setback of 15 feet to allow 4 feet (1043 ½ N 24th St); and requiring a side setback of 5 feet to allow 4 feet (1043 ½ N 24th St) on the south 50 feet of the north 100 feet of Lot 2, Block 8, Sunnyside Subdivision, 2nd filing. (Tax ID A16401)
These lots are in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. The requested pending zone change to RMF-R will allow the existing multi-family dwellings to remain on the property. This variance approval would allow the existing number of dwelling units on these two 7,000 square foot lots, as well as the existing location of the dwellings (setback distances) to be in conformance. Currently, there are two duplex dwellings, one single family dwelling and one fourplex on the property, for a total of nine dwelling units.
RECOMMENDATION
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.