Return Item - City Variance 1284 – 1324 O’Malley Dr – Front Setback for an Attached Garage - A variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a 12-foot front setback in a Residential 9,600 (R-96) zone, on Lots 11 & 12 of Block 1, Carlson Subdivision, a 9,980 square foot parcel of land. The purpose of the variance is to allow the construction of a new attached garage. The variance request for a 4-foot rear setback was previously approved in July 2018. Presented by Karen Husman, Planner I.
 

Staff recommends conditional approval of the variance.

OWNERS: Joel Parker
PURPOSE: To allow a minimum front setback of 12 feet
LEGAL DESCRIPTION: Lots 11 & 12 of Block 1, Carlson Subdivision
ADDRESS:1324 O’Malley
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1324 O’MAlley	1284 (Previous)	July 11, 2018	Rear Setback	Yes
SURROUNDING PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1421 Crawford	404	11/1/94	Front & Side SB	No	New Construction
2018 12th St. W	180	5/30/78	Side Setback	Yes	New construction
1202 Colton	527 638	11/27/84 6/2/87	SAS SB to 6.5’ SAS SB to 4.5’	Yes No
1606 Crawford	378	10/25/83	Arterial SB	Yes	New construction
1206 O’Malley	430	9/25/84	Side SB	Yes	New construction
1639 Avenue F	303	12/29/81	Lot Size & rear SB	No	New construction
1440 Avenue C	140	abt 1977	Side SB	Yes	New construction
1427Avenue C	112	abt 1977	Lot Area & rear SB	Yes	Existing Structure

NORTH:   Zoning:      PD
                  Land Use:  Residential Multifamily & Commercial
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 Section 27-308 requiring a minimum front setback of 20 feet to allow a 12-foot front setback in a Residential 9,600 (R-96) zone, on Lots 11 & 12 of Block 1, Carlson Subdivision, a 9,980 square foot parcel of land. The purpose of the variance is to allow the construction of a new attached garage. The applicant brought the application in June 2018 requesting only a rear setback variance. This variance was conditionally granted by the Board. The applicant discovered after the approval he mis-measured the location of the front property line along O'Malley Drive. This re-submitted application is to allow a reduction in the front setback from 20 feet to 12 feet from the O'Malley Dive property line.
 
There have been similar variances approved in this area of Billings.  The applicant is requesting the variance in order to add additional garage space to the lot.  If approved, this would allow a 12- foot front setback.  This particular parcel is an irregular shape at the end of a block. There are no properties on the north side of O'Malley and this is a low volume residential street. There is no sidewalk on this side of O'Malley Drive and a driveway in front of the new attached garage would allow parking on the driveway without encroaching on the pavement of the public road. The only difference between the site plan submitted in July and this new site plan is the proper location of the front property line. The applicant has not modified the building plan. 
 

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.