This is a request for a special review to allow the addition of one dwelling unit within an existing duplex dwelling at 721 and 723 N 16th Street in a Residential 6,000 (R-60) on a 7,000 square foot parcel of land. The subject property is legally described as Lots 52 and 53, Block 1, North Park Subdivision. The applicant has applied for a concurrent lot area variance to the Board of Adjustment. The Board of Adjustment will hear this application on August 3, 2011. The Board of Adjustment conditionally approved the variance on a 5-0 vote. The Zoning Commission conducted a public hearing on August 2, 2011, and is forwarding a recommendation of conditional approval on a 3-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria, in so far, that it meets required setbacks and does not exceed maximum lot coverage. The owner has applied for concurrent lot area variance since the lot is less than 8,500 square feet, the minimum area required for a 3-plex. The application is conforming to the purposes of the regulations and the 2008 Growth Policy and the 2008 North Park Neighborhood Plan. The development will add one dwelling to an existing duplex dwelling in an area identified in the plan as an area for housing growth and medium density. Multi-family dwellings are allowed by special review approval in the R-60 zoning district. 

The application also conforms to the second and third criteria. The current duplex meets all zoning requirements for setbacks, lot coverage and building height. The exterior of the building will remain unchanged. The existing off-street parking spaces are adequate to accommodate the additional 1-bedroom apartment. There are several other multi-family dwellings in the neighborhood and this will not be out of character. The proposal is compatible and conditions are recommended to mitigate any potential adverse effects on the surrounding area. The proposal is consistent with goals of the 2008 Growth Policy and the 2008 North Park Neighborhood Plan specifically the recommendation to focused new housing in the northeast part of the neighborhood and developments that are consistent with neighborhoods and adjacent land uses.  

The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

1. The special review approval shall be limited to Lots 52 and 53, Block 1 of North Park Subdivision, generally located at 721 and 723 N 16th Street.
2. The special review approval is for one 3-plex multi-family dwelling in a single structure and no other use is intended or implied by this approval.  
3. Any expansion of the proposed building, greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
4. These conditions of special review 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. 
5. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.

If approved, the improvements to the existing duplex will add taxable value to the property.

This is a request for a special review to allow addition of a dwelling unit to an existing duplex dwelling at 721 and 723 N 16th Street. The existing duplex was constructed in 1997 with an unfinished basement area currently used for storage. The owner wishes to convert this basement area to a 1-bedroom apartment and create a 3-plex dwelling. Prior to 1997, the zoning regulations allowed multi-family uses by right in the R-60 zoning districts if enough lot area existed for the number of proposed dwelling units. Multi-family uses now require special review approval of the City Council. The R-60 zoning requires 7,000 square feet for a 2-family dwelling and 8,500 square feet for a 3-plex. The current lot area is 7,000 square feet. The owner has applied for a lot area variance and the Board of Adjustment will hear this request on August 3, 2011. If the Board of Adjustment denies the lot area variance, this special review application will not proceed to the City Council.

The immediate neighborhood surrounding the parcel is zoned R-60 and there are 6 duplexes and 4 multi-family dwellings within 300 feet. There is also a 9-unit manufactured home park to the southeast and several additional multi-family dwellings to the northwest. The North Park Neighborhood Plan was updated in 2008 by the City Council and recommendations in the plan include focusing any new affordable housing opportunities in the northeast area of the neighborhood. The preferred Future Land Use plan for this area was shown as “Medium Density” residential uses. The proposed 3-plex appears to meet both these recommendations in the plan. 

The applicant proposes to remodel the interior of the basement – no additional expansion of the foot print is required. The lot appears to have the required number of off-street parking spaces for the proposed expansion. The existing landscaping and fencing is sufficient for the proposed development.

The Zoning Commission conducted a public hearing on August 2, 2011, and received testimony from the applicant, Jonathan Kober. No other testimony was received. Mr. Kober stated the building was originally designed to hold 4 dwelling units but was constructed as a duplex in conformance with zoning in 1997. Mr. Kober stated there is an unfinished portion of the basement he would like to convert to a small 1-bedroom apartment of 736 square feet. In addition, a portion of the basement would be converted to a common laundry room that would benefit all three apartments. He stated 2 egress windows would be installed on the north side of the building.
Commission Member Dan Wagner made a motion to recommend conditional approval to the City Council. The motion was seconded by Ed Workman and the Commission voted 3-0 to forward this recommendation.

Please see the Alternatives Analyzed section above for consistency with adopted plans.