Variance 1227 – 2307 11^th Ave North – Lot Area – A variance from 27-308 requiring a minimum lot area of 19,200 square feet for 2 duplex dwellings, in a Residential 7,000 (R-70) zone, on Lot 4, Block 1 of Sunnyside Subdivision, 1st Filing to allow a minimum lot area of 13,500 square feet. Tax ID: A16258.  Presented by Karen Husman, Planner I.

Planning Staff is recommending denial.

OWNERS:                              Propriedad LLC
AGENT:                                 Travis McDowell
PURPOSE:                            To reduce the minimum required lot size from 19,200 square feet for 2 duplex dwellings to allow 13,500 square feet.
LEGAL DESCRIPTION:         West 90 feet of Lot 4, Block 1, Sunnyside Subdivision, 1st Filing
ADDRESS:                             2307 11^th Avenue North
EXISTING LAND USE:          Residential
PROPOSED LAND USE:      Residential
EXISTING ZONING:              Residential-7000 (R-70)

None

Records show there have been 22 variance requests in this subdivision.  The variance requests have been for lot coverage, setbacks, increase in non-conforming use, and multiple dwelling units on a small lot.  Three of the 22 variances were denied and they included change in non-conforming use, decrease in parking, and a lot area variance for a duplex. Most recently, Variance #1225 was conditionally approved for an existing four-plex on a 7,000 square foot lot, but denied for a new four-plex on a 7,000 square foot lot.
 

NORTH:   Zoning:      R-70
                  Land Use: Residential
SOUTH:    Zoning:      R-70 
                  Land Use: Residential
EAST:       Zoning:      R-70
                  Land Use: Residential Multi-Family & Single Family
WEST:      Zoning:      R-70
                  Land Use: Residential Multi-Family

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 19,200 square feet for two duplex dwellings (four dwelling units), in a Residential 7,000 (R-70) zone, on Lot 4, Block 1 of Sunnyside Subdivision, 1st Filing to allow a minimum lot area of 13,500 square feet.
 
This is an older neighborhood in Billings and there are several properties in the area that have more than one dwelling unit on them. There have been variances that have been granted in the area for duplexes, tri-plexes, four-plexes and five-plexes on smaller lots than what is allowed by current zoning.  There are other properties in the neighborhood that have multiple dwelling units in multiple structures on smaller lots.  Some properties have obtained variances while others have not.  The applicant would like to demolish the existing single family house that has extensive fire damage, and construct two new duplex structures.
 
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance to allow two new duplex dwellings on the property, as there is no existing structures that create a hardship under the criteria for granting a variance. Other variances in the neighborhood have been for existing multi-family structures. The vacant lot would be in conformance with the zoning regulations as a 13,500 square foot parcel of land and would allow two dwelling units by right. There are other lots in the neighborhood that have this same allowance under zoning.

Planning Staff is recommending denial of City Variance #1227 based on the criteria for variances.