Variance #1223 – 304 16th Street West– Lot Area – A variance from Section 27-308 requiring a minimum lot area of 9,600 square feet for 2 dwelling units in a Residential 7,000 (R-70) zoning district on Lot 3, Block 1 of Parker-Ellis Subdivision to allow a minimum lot area of 8,059 square feet for an existing duplex dwelling. Tax ID: A12614.  Presented By: Karen Husman, Planner I.
 

The Planning Division is forwarding a recommendation of conditional approval.
 

OWNERS:                              Reagan Lefdahl Geffre AGENT:                                 Jonathan Porta PURPOSE:                            To reduce the minimum lot area of 9,600 square feet for 2 dwelling units in a Residential 7,000 to allow a                                                          minimum lot area of 8,059 square feet for an existing duplex LEGAL DESCRIPTION:         Lot 3, Block 1 of Parker-Ellis Subdivision ADDRESS:                             304 16th Street West EXISTING LAND USE:          Residential PROPOSED LAND USE:       Residential EXISTING ZONING:               R-70

None

There are several lots in adjacent neighborhoods and two on the same block that are nonconforming for lot area with either duplexes or multiple units on a property. According to Planning Division staff research, the Board has reviewed 20 similar variance requests in the area of this application and has approved 13 and denied 7.

NORTH:   Zoning:      R-70                   Land Use: Residential single family and multi family SOUTH:    Zoning:      R-70                   Land Use: Residential single family EAST:       Zoning:      NC                   Land Use: Residential and commercial WEST:      Zoning:      R-70                   Land Use: Residential single family and multi family

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 9,600 square feet for two dwelling units in a Residential 7,000 (R-70) zoning district on Lot 3, Block 1 of Parker-Ellis Subdivision to allow a minimum lot area of 8,059 square feet for an existing duplex dwelling. The applicant is wishing to obtain a rebuild letter for the property so he is able to get new financing, or in case of future sale of the property. According to the County property information available, the existing duplex was constructed in 1973.  
 
The lot is in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. There are several lots in adjacent neighborhoods and two on the same block that are nonconforming for lot area with either duplexes or multiple units on a property. The Board has reviewed 20 similar applications in the area and has approved 13 and denied 7 applications. Granting this variance would not be granting a special privilege to this property owner since other properties are similarly situated and similar variances have been granted in the past.  On this block of 16^th Street, there are two existing duplexes constructed in 1971 with lots of 7,500 square feet. The applicant would like to re-finance the property and the financing agent is requiring assurance the property could be re-built if damaged. A lot area variance is required to ensure the re-build.
 
Planning staff has reviewed this application and are forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.  Staff finds that the proposed variance would provide the applicant similar rights that are enjoyed by other property in the neighborhood.

The Planning Division is forwarding a recommendation of Conditional Approval for Variance #1223.