Variance 1302 - 205 & 205 1/2 Terry Avenue  - A variance from Section 27-308 requiring a minimum lot area of 6,000 square feet for a single family dwelling to allow a minimum lot area of 3,825 square feet; from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of 2.5 feet; in a Residential-6000 (R-60) zone, on Block 6, Lots 3-5 of Suburban Subdivision, a 10,500 square foot parcel of land. The purpose of the variance is to allow a division of the property with two existing single-family dwellings into one 3,825 square foot parcel and one 6,675 square foot parcel, and to allow the northern parcel a rear setback of 2.5 feet.  Presented by Karen Husman, Planner I.

Staff recommends conditional approval of the variance.

OWNERS: Eric J. Bennett Individual Trust
AGENT: Greg Judson                                                                                                                                       
PURPOSE: Reduce rear setback, allow 2 units on 10,500sf lot to create one 3,825sf & one  6,675 sf lot– Rebuild letter needed
LEGAL DESCRIPTION: Block 6, Lots 3-5 of Suburban Subdivision
ADDRESS: 205 & 205 1/2 Terry Avenue
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-60

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
602 Yellowstone	262	8/26/80	Lot size	N
733 Clark	419	6/26/84	Lot size	Y
708 Alderson	440	1/29/85	Lot size	Y
503 Yellowstone	514	2/3/87	Set back	Y
1222 7th Ave	517A	2/2/87	Lot size	N
426 Alderson	647	7/22/91	Lot size	Y
701 Broadwater	721	6/26/95	Lot Size	Y
502 Burlington	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
1111 5th St. West	1050	6/3/09	Lot size	Y
420, 420 ½ Burlington	1052	7/1/09	Lot size Lot cov	Y
635 & 637 Alderson	1174	2/5/14	Lot size	Y
416 & 416 ½ Alderson	1202	11/6/14	Lot size	Y
641 Burlington	1163	9/4/13	Lot size	Y
510 3rd St W	677	8/4/92	Lot Cov	Y
301 Terry Ave	678	8/10/92	Lot size	Y
23 Custer	1137	2/6/13	Lot Size	Y
146 Terry	1047	5/6/09	Setbacks	Y
215 Miles	1145	4/3/13	Lot size	Y

NORTH: Zoning: R-60
Land Use: Residential Single Family
SOUTH: Zoning: RMF-R
Land Use: Residential Single & Two Family 
EAST: Zoning: Community Commercial
Land Use: Residential & Commercial
WEST: Zoning: R-60
Land Use: Residential Single Family

 

This is a variance request from Section 27-308 requiring a minimum lot area of 6,000 square feet for a single family dwelling to allow a minimum lot area of 3,825 square feet and from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of 2.5 feet; in a R-60 zone. The applicant is requesting a reduction in lot size to allow division of the parcel and retain the existing single family dwellings on each parcel.
 
The lot is in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. According to the county information available, the existing dwellings were constructed in 1926, prior to current zoning regulations.  There have been similar variances approved in this area of Billings.  Staff has reviewed the application and is recommending conditional approval based on the findings in the determinations listed in the summary section of this report.
 

Proposed DETERMINATIONS for Variance 1302 - 205 & 205 1/2 Terry Avenue
 
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 under current zoning for two dwelling units on the property.  The existing structures were built in 1926 & 1927, 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 early to 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 3,825 square feet: from 27-308 requiring a twenty (20) foot rear setback to allow a minimum of 2.5 feet. No other variance is intended or implied with this approval.
2. The variance is limited to Block 6, Lots 3-5 of Suburban Subdivision, generally located at 205 & 205 1/2 Terry Avenue. 
3. Evidence will be provided to show the property along the alley will have legal and physical access from Terry Avenue.
4. An Exempt Plat for the proposed relocation of lot lines will be submitted within one year of approval of variance and it shall be filed with the Yellowstone County Clerk and Recorder within 18 months.
5. The applicant shall meet all other city code requirements with the exception of this variance.
6. 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; 
Staff is proposing a time limit of one year for the exempt plat to be submitted and to relocate the boundary lines accordingly. It shall be filed with the Clerk and Recorder within 18 months of the granting of this variance.
 
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 – single family dwellings are allowed in the R-60 zone district.

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.