City Variance 1323 – 718 S 31st Street – A variance from 27-308 requiring a 5-foot side setback to allow 2-foot side setback in a Residential-6000 (R-60) zone, on Block 225, Lot 4, Billings Original Townsite, a 3,500 square foot parcel of land. The purpose of the variance is to allow the existing single family dwelling a rebuild letter. Tax ID: A01676

Staff recommends conditional approval of the variance based on the criteria for variances provided in the summary section of this report.     

OWNER: James Routson
AGENT: David Goodridge
LEGAL DESCRIPTION: Lot 4, Block 225, Billings Original Townsite
ADDRESS:718 S 31st Street
CURRENT ZONING: R-6000
EXISTING LAND USE: Residential
PROPOSED USE: Residential
SIZE OF PARCEL: 3,500 Square Feet

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
BOT, L13-16, Block 200	158	9/27/77	Side SB 5 to 0	Y	Primary Structure
BOT, L23-24, Block 206	982	4/4/06	Rear SB 20 to 10	Y	Primary Structure
BOT, Block 208	209	4/24/79	Rear SB 20 to 5	Y	Primary Structure
BOT, L11-12, Block 216	447	4/30/85	Rear SB 20 to 5	Y	Primary Structure

NORTH:	Zoning: R-60 Land Use: Residential & Residentual Multi Family
SOUTH:	Zoning: R-60 Land Use: Residential & Residential Multi Family
EAST:	Zoning: Public Land Use: South Park
WEST:	Zoning: R-60 Land Use: Residential & Residential Multi Family

The applicant is requesting a variance from 27-308 requiring a 5-foot side setback to allow a 2-foot side setback in a Residential 6000 zone. The purpose of the variance is to allow the existing single-family dwelling to be reconstructed on the lot by obtaining a Rebuild Letter. 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 similar approved setback variances within a 3-block area. 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. 

SUMMARY
STAFF DETERMINATIONS
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 single-family dwelling was constructed on the land in 1910.  The existing structure was built prior to zoning on a 3,500 square foot lot, and is now non-conforming.  The property owner would like to have the ability to reconstruct a single-family dwelling on the property.
 
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 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 reduce the side setback for a single-family dwelling on a 3,500 square foot parcel of land from 5 feet to 2 feet to conform to zoning in order to allow a rebuild letter.  No other variance is intended or implied with this approval.
2. The variance is limited to Lot 4, Block 225, Billings Original Townsite generally located at 718 S 31^st Street.
3. The applicant/and/or property owner 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; and
The request is to receive a rebuild letter, no time limit is required.
 
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 R-60 zone.

Staff recommends conditional approval of the variance based on the criteria fro variances provided in the summary section of this report.