a.
City Board of Adjustment
- Meeting Date:
- 09/02/2020
- SUBJECT
- City Variance 1318 - 213 S 30th Street
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1318 - 213 S 30th Street – Lot area and setbacks - A variance from 27-308 requiring a minimum lot size of 13,000 square feet to allow a minimum lot size of 7,000 square feet, and requiring a 5 foot side setback and 15 foot rear setback to allow zero (0) foot side and rear setbacks in a Residential Multi Family-Restricted (RMF-R) zone, on Lots 19-20, Block 166, Billings Original Townsite, a 7,000 square foot parcel of land. The purpose of the variance is to allow three (3) existing single family dwellings a rebuild letter. Presented by; Karen Husman, Planner I.
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.
APPLICATION DATA
OWNERS: Vilavong Keutla
PURPOSE: allow three (3) existing single family dwellings a rebuild letter
LEGAL DESCRIPTION: Lots 19-20, Block 166, Billings Original Townsite
ADDRESS: 213 S 30th Street
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: RMF-R
PURPOSE: allow three (3) existing single family dwellings a rebuild letter
LEGAL DESCRIPTION: Lots 19-20, Block 166, Billings Original Townsite
ADDRESS: 213 S 30th Street
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: RMF-R
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY |
|||||
| 201 S 30th St | 268 | 11/25/80 | Side SB 3’ | Y | |
| 317 S 30th ST | 1236 | 7/16/2016 | SB | Y | |
| 201 S 29th St | 1260 | 6/7/17 | Lot area, SB | Y | |
| 302 S 24th St | 218 | 6/26/79 | Front SB | Y | |
| 2302 4th Ave S | 630 | 12/18/90 | Front SB | Y | |
| 2410 5th Ave S | 710 | 12/6/74 | Front SB | Y | Front SB to zero |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
SOUTH: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
EAST: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
WEST: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
Land Use: Residential & Residential-Multi Family
SOUTH: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
EAST: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
WEST: Zoning: RMF-R
Land Use: Residential & Residential-Multi Family
BACKGROUND
This is a variance from 27-308 requiring a minimum lot size of 13,000 square feet to allow a minimum lot size of 7,000 square feet, and requiring a 5 foot side setback and 15 foot rear setback to allow zero (0) foot side and rear setbacks in a Residential Multi Family-Restricted (RMF-R) zone. The purpose of the variance is to allow three (3) existing single family dwellings to be reconstructed on the lot.
The property is in a high density residential area and although there is not a historic amount of variances granted in the area, there are similar properties with multiple units, some attached and some detached. The property at 214 S 29th Street (directly across the alley from the subject property) has three dwelling units (one SFD and one duplex) on a lot of 8,680 square feet, without the benefit of a variance approval. Approval of this variance will allow the applicant to rehabilitate the property. This infill development will allow the rehabilitation three structures on the property in disrepair needing extensive work or demolition. The new owner intends to make the property safe and habitable. The Growth Policy supports infill development on on this type of property.
The property is in a high density residential area and although there is not a historic amount of variances granted in the area, there are similar properties with multiple units, some attached and some detached. The property at 214 S 29th Street (directly across the alley from the subject property) has three dwelling units (one SFD and one duplex) on a lot of 8,680 square feet, without the benefit of a variance approval. Approval of this variance will allow the applicant to rehabilitate the property. This infill development will allow the rehabilitation three structures on the property in disrepair needing extensive work or demolition. The new owner intends to make the property safe and habitable. The Growth Policy supports infill development on on this type of property.
SUMMARY
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 three single family dwellings were constructed on the land, two in 1900 and one in 1935. The existing structures were built prior to zoning, and are now non-conforming. The property owner would like to have the ability to reconstruct the same number of units on the property. The Project ReCode update for this parcel will be the Mixed Residential Neighborhood (NX1) that will allow one to four dwelling units in a structure. The new code will not require minimum lot area for dwellings but will require a minimum lot width for each structure.
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;
There have been similar variances granted in the surrounding neighborhood. 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 mostly 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:
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; and
The applicant is not intending any construction at this time, so a time limit is not proposed for 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 –residential dwellings are allowed in the RMF-R zone.
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 three single family dwellings were constructed on the land, two in 1900 and one in 1935. The existing structures were built prior to zoning, and are now non-conforming. The property owner would like to have the ability to reconstruct the same number of units on the property. The Project ReCode update for this parcel will be the Mixed Residential Neighborhood (NX1) that will allow one to four dwelling units in a structure. The new code will not require minimum lot area for dwellings but will require a minimum lot width for each structure.
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;
There have been similar variances granted in the surrounding neighborhood. 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 mostly 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:
- The variance is to allow the existing three homes (or 1 duplex and 1 single family dwelling) on the 7,000 square foot parcel of land, and to allow zero (0) foot side and rear setbacks to conform to zoning in order to allow a rebuild letter. No other variance is intended or implied with this approval.
- The variance is limited to Lots 19-20, Block 166, Billings Original Townsite generally located at 213 S 30th Street.
- The applicant/and/or property owner shall meet all other city code requirements with the exception of this variance.
- 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; and
The applicant is not intending any construction at this time, so a time limit is not proposed for 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 –residential dwellings are allowed in the RMF-R zone.
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.