Variance 1228 – 811 N 23^rd St – Lot Area – A variance request from 27-308 requiring a minimum lot area of 13,000 square feet for 1 existing duplex and 1 existing single family residence in a Residential 6,000 (R-60) zone, on Lots 19 & 20, Block 289, Billings Original Town, to allow a minimum lot area of 7,000 square feet for the three existing dwelling units. Tax ID: A02110.  Presented by Karen Husman, Planner I.

Planning Staff is recommending conditional approval.

OWNERS:                              Andrew Gutierrez                           PURPOSE:                            To reduce the minimum required lot size from 13,000 square feet for an existing duplex and an existing single                                                family dwelling dwelling to allow 7,000 square feet for 3 dwelling units. LEGAL DESCRIPTION:         Lots 19 & 20, Block 289, Billings Original Town ADDRESS:                             811 North 23rd Street EXISTING LAND USE:          Residential PROPOSED LAND USE:       Residential EXISTING ZONING:              Residential-6000 (R-60)

None.

Surrounding Property – 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.  Four of the 22 variances were denied and they included change in non-conforming use, decrease in parking, a lot area variance for a duplex, and a lot area variance for a four-plex.
 

NORTH:   Zoning:      R-60
                  Land Use: Residential single family
SOUTH:    Zoning:      R-60
                  Land Use: Residential Multi-Family
EAST:       Zoning:      R-60
                  Land Use: Residential Multi-Family & Single Family
WEST:      Zoning:      Public
                  Land Use: Fire Station #1 and 911 Center

The applicant is requesting a variance from 27-308 requesting a variance from 27-308 requiring a minimum lot area of 13,000 square feet for one duplex and one single family residence, in a Residential 6,000 (R-60) zone, on Lots 19 & 20, Block 289, Billings Original Town, to allow a minimum lot area of 7,000 square feet for three existing dwelling units. 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 duplex, three-plexes, four-plex 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 on smaller lots.  Some properties have obtained variances while others have not.

The existing 7,000 square foot lot allows two dwelling units under the zoning. According to the County information available, the existing structures were constructed in 1920 and 1945. The County records available also indicate two single family dwellings are on the property.  The applicant would like a variance for three dwelling units including a single family dwelling and a duplex. The applicant is claiming that the duplex second dwelling unit was a basement apartment that had extensive flood damage. The basement had been gutted and replacement and reconstruction of the apartment unit had been started. However, in order to finish the reconstruction, the applicant will need the lot size variance to completely restore the unit as a duplex and meet building codes.

Staff has heard from one property owner who was opposed to the variance. The adjacent property owner has concerns about the additional unit, stating she has lived in the neighborhood for 60 years.  During the time she has been living there, she claims the front house was brought in from another location and was not a duplex when it was placed on the property and had not been used as one. Staff’s research on the property back to 1990, found no evidence that the front dwelling had been placed on the property.  Staff also did not find any past evidence it had been used as a duplex.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for a variance to allow a duplex and a single family dwelling based on the determinations for granting a variance. Other variances in the neighborhood have been for existing multi-family structures. There are other lots in the neighborhood that have this same allowance under zoning.
 

Planning Staff is recommending conditional approval of Variance #1228 based on the determinations for granting a variance.