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a.
City Board of Adjustment
Meeting Date:
03/04/2015
SUBJECT
Variance #1208 - 4118 and 4120 Buchanan Avenue
THROUGH:
Candi Millar
PRESENTED BY:
David Green

Information

REQUEST

Variance #1208 – 4120 and 4120 ½ Buchanan, Lot Area: The applicant is requesting a variance from 27-308 requiring a minimum lot area of 7,000 square feet to allow a minimum lot area of 6,250 square feet in a R-60 zone for 2 existing dwellings on Lot 40, Block 2, Fairview Subdivision. Tax ID: A06958. The owner intends to demolish and reconstruct one of the existing dwellings, David Schreder, owner.

RECOMMENDATION

Staff is recommending Conditional Approval.

APPLICATION DATA

OWNER: David Schreder  
AGENT: None  
LEGAL DESCRIPTION: Lots 39 and 40, Block 2, Fairview Subdivision  
ADDRESS: 4118 and 4120 Buchanan Avenue  
CURRENT ZONING: Residential 6000  
EXISTING LAND USE: Residential  
PROPOSED USE: Residential  
SIZE OF PARCEL: 6,250  

CONCURRENT APPLICATIONS

None

APPLICABLE ZONING HISTORY

Surrounding Property – Records show there have been 7 variance requests in the surrounding neighborhood.  The variance requests have been for fence heights, setbacks, and multiple dwelling units on a small lot.  Four of the seven variances were for 2 dwelling units on a lot too small to meet current zoning requirements.

SURROUNDING LAND USE & ZONING

NORTH: Zoning: R-60
Land Use: Residential
SOUTH: Zoning: R-60
Land Use: Residential
EAST: Zoning: R-60
Land Use: Residential
WEST: Zoning: R-60
Land Use: Residential

BACKGROUND

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 7,000 square feet to allow a minimum lot area of 6,250 square feet in a R-60 zone for 2 existing dwellings on Lot 40, Block 2, Fairview Subdivision. The applicant is proposing to remove the building on the front of the lot and rebuild a new home.  According to the county information available, the two existing homes were built in 1935 and 1940.  County records also show the addresses as being 4118 and 4120 Buchanan Avenue, the front house being 4120.
 
This is an older neighborhood in Billings and there are several properties in the area that have more than one dwelling unit on them as well as multiple other structures in various states of repair.  Some properties have obtained a variance in this neighborhood while others have not.  The applicant states that he wishes to remove the front house and rebuild it at sometime in the future.  The applicant makes mention of either a shop or a rental property.  Because these lots are zoned residential the applicant can rebuild a residence, or should he decide to not rebuild a residence, he could build a detached garage.  The detached garage would be for the use of the residence and not something that could be rented out to someone, or used to run a business out of.  It would be for personal use only.  If a garage was constructed, it would have to meet all the zoning regulations as well as building, fire and engineering regulations.
 
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.  As with many neighborhoods of this age, multiple buildings were often built on the lot for additional housing for extended family members or as rental property. While out posting this property, staff observed several properties with multiple dwelling structures on them.  Some of the lots may have more units on them than what current zoning allows for the lot size. This neighborhood is in need of some revitalization and a new dwelling unit would be a welcomed new addition to the area.

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