Variance 1292- 432 (434) Alderson Ave - The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 9,600 square feet for two (2) dwelling units to allow a minimum lot area of 7,000 square feet: from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of six foot six inches (6’6”); from 27-308 requiring a minimum side setback of 5 feet to allow a side setback of two feet six inches (2’6”); and from 27-308 requiring a maximum lot coverage of 30% to allow a maximum lot coverage of 48%; in a Residential 7,000 (R-70) zone, on Lots 30 & 31 Block 34, Suburban Homes Addition, a 7,000 square foot parcel of land. The purpose of the variance is to allow the existing duplex to remain on the lot and to obtain a rebuild letter for financing purposes. Presented by; Karen Husman, Planner I.

Staff recommends conditional approval of the variance.

APPLICATION DATA
OWNERS: Christian Helland
PURPOSE: Reduce setbacks, increase lot coverage, allow 2 units on 7,000sf lot – Rebuild letter needed
LEGAL DESCRIPTION: Lots 30 & 31 Block 34, Suburban Homes Addition
ADDRESS: 432 (434) Alderson Avenue (Addressing issue being resolved)
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY Suburban Homes Addition Subdivision
538 Lewis	225	8/28/79	Lot Cov.	Y
602 Yellowstone	262	8/26/80	Lot size	N	7200sf to 3500 & 3400 to split Lot
733 Clark	419	6/26/84	Lot size	Y	9600sf to 7000sf
708 Alderson	440	1/29/85	Lot size	Y	2 units on 7000sf
503 Yellowstone	514	2/3/87	Set back	Y
1222 7th Ave	517A	2/2/87	Lot size	N
731 Burlington	583	3/7/89	Set back	Y	Side SB for 2 story
Blk 34 Lts 33-36	647	7/22/91	Lot size	Y
426 Alderson	648	8/6/91	Set backs & Lot cov	Y	LC 30% to 37%
701 Broadwater	721	6/26/95	Lot Size	Y	10,000 to 9,750sf
710 6th St. W	760	2/4/98	Lot Cov	Y	30% to 34%
536 Broadwater	785	11/4/98	Lot Cov	Y	30% to 34%
Blk 38 Lts 45, 46	842	7/3/01	Set back	Y
811 5th St. W	909	3/15/04	Lot size	Y
422 Yellowstone	945	8/4/04	Setback	Y
745 Burlington	1004	5/2/07	Set back & lot cov	Y	9,600 to 9,506sf
1111 5th St. West	1050	6/3/09	Lot size	Y
420, 420 ½ Burlington	1052	7/1/09	Lot size Lot cov	Y	14,000 to 5,320 for 2 units & 30 to 33%
635 & 637 Alderson	1174	2/5/14	Lot size	Y	9,600 to 7,000 sf for 2 units
416 & 416 ½ Alderson	1202	11/6/14	Lot size	Y	9,600 to 7,000 sf for 2 units
641 Burlington	1163	9/4/13	Lot size	Y	9,600 to 7,000 sf for 2 units

NORTH: Zoning: R-70
Land Use: Residential & Residential-Multi Family
SOUTH: Zoning: R-70
Land Use: Residential & Residential-Multi Family 
EAST: Zoning: R-70
Land Use: Residential & Residential-Multi Family
WEST: Zoning: R-70
Land Use: Residential & Residential-Multi Family

This is a variance request from Section 27-308 requiring a minimum lot area of 9,600 square feet for two (2) dwelling units to allow a minimum lot area of 7,000 square feet: from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of six foot six inches (6’6”); from 27-308 requiring a minimum side setback of 5 feet to allow a side setback of two feet six inches (2’6”); and from 27-308 requiring a maximum lot coverage of 30% to allow a maximum lot coverage of 48%; in a Residential 7,000 (R-70) zone, on Lots 30 & 31 Block 34, Suburban Homes Addition, a 7,000 square foot parcel of land. The purpose of the variance is to allow the existing duplex to remain on the lot and to obtain a rebuild letter for financing purposes
 
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 request is to allow an existing duplex to remain on the lot and, if destroyed, the ability to rebuild the same footprint in its current location.  As of completion of this report, there have been no concerns received from neighboring property owners, and one letter received in support of the variance request (attached).

Proposed DETERMINATIONS for Variance 1292;
 
The Board of Adjustment shall make the following determinations prior to granting a variance:
1.         That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are not any special circumstances that exist in this situation other than the lot is less than required for two dwelling units on the property.  The existing structure was built in 1937, before the current zoning was in place.  
 
2.         That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
The subject property is in a subdivision where much of the development occurred in the mid 1900’s. There have been similar variances granted in the surrounding neighborhoods. Denying the variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
 
3.         That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area. 
 
4.         That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy.  Approval of this variance would allow the applicant to bring the property into conformance with the current zoning code and acquire a rebuild letter for financing purposes.
 
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff is recommending the following conditions for the variance request:

1. The variance is to allow a minimum lot area of 7,000 square feet: a 6’6” foot rear setback and a side setback of 2’6”; and a maximum lot coverage of 48%. No other variance is intended or implied with this approval.
2. The variance is limited to Lots 30 & 31 Block 34, Suburban Homes Addition, generally located at 432 (434) Alderson Avenue. 
3. The applicant shall meet all other city code requirements with the exception of this variance.
4. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

 
6.         The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; 
There will be no time limit restrictions as the duplex is already constructed.
 
7.  Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district – two family dwellings are allowed in the R-70 zone.

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.