Variance #1234 - 4129 Roosevelt Avenue - Side Setback - The applicant is requesting a variance from 27-308 requiring a minimum side setback of 5 feet to allow a minimum side setback of 1 foot in a Residential 6,000 (R-60) zone on Lots 15 & 16, Block 2 of Fairview Subdivision, a 6,357 square foot parcel of land. The variance would allow the addition of an attached garage. Tax ID: A06949. Presented by Dave Green, Planner II.

 

Staff recommends Conditional Approval of the variance request. Staff is recommending the following conditions:
 
1. The variance from 27-308 requiring a minimum side setback of 5 feet to allow a minimum side setback of 1 foot in a Residential 6,000 (R-60) zone on Lots 15 & 16, Block 2 of Fairview Subdivision, a 6,357 square foot parcel of land.  No other variance is intended or implied with this approval.
2. The variance is limited to Lots 15 & 16, Block 2 of Fairview Subdivision, a 6,357 square foot parcel of land generally located at 4129 Roosevelt Avenue.  
3. The garage shall be constructed in substantial conformance to the site drawings in terms of size and location as submitted to the Planning Division.
4. No construction activity will be done before 7 a.m. or after 8 p.m.
5. The owner will submit a building permit application within 1 year of Board of Adjustment approval and complete the construction within 2 years of Board of Adjustment approval.
6. Failure to begin or complete the approved actions on the variance will void the approved variance.   
7. These conditions of variance 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.

 

OWNER: Drew Lorenz
AGENT: None
LEGAL DESCRIPTION: Lots 15 & 16, Block 2 of Fairview Subdivision
ADDRESS: 4129 Roosevelt Avenue
CURRENT ZONING: Residential 6000
EXISTING LAND USE: Residential
PROPOSED USE: Residential
SIZE OF PARCEL: 6,357 square feet

None

There have been 9 variance requests in the surrounding neighborhood, all of the variances have been granted. The requests ranged from required front, side and rear setbacks, to lot coverage, fence height and a lot size too small for multiple dwelling units. 
 

NORTH:	Zoning: Residential 6000 (R-60) Land Use: Residential
SOUTH:	Zoning: Public Land Use: Orchard Elementary
EAST:	Zoning: R-60 Land Use: Residential
WEST:	Zoning: R-60 Land Use: Residential

The applicant is requesting a variance from 27-308 requiring a minimum side setback of 5 feet to allow a minimum side setback of 1 foot in a Residential 6,000 (R-60) zone on Lots 15 & 16, Block 2 of Fairview Subdivision, a 6,357 square foot parcel of land. The variance would allow the addition of an attached garage.  The County Property data shows the original dwelling on this site was built in 1943.
 
The applicant is before the Board of Adjustments asking for a variance from a side setback for an attached garage on his property.  This neighborhood is diverse with some houses built in 1920, some in the 1940’s, one in 2012, and one in 2015.  The one built in 2015 received a variance from this Board to demolish an existing home and build a new home on a lot that already had two dwelling units on it. The variance was because the lot was too small to meet current zoning requirements for two homes.  This is one of the older neighborhoods in Billings and many structures were built before zoning was in place or enforced.  When staff was posting the property and observing the neighborhood, it was noted that several lots on Roosevelt had structures built along property lines, that included covered decks, garages, and homes.  This was also noticed on Buchanan, which is one street to the north.  Other property owners in the neighborhood have built structures over the years that do not meet the current code requirements of the City of Billings.  This property owner, as stated in his letter to the Board, is asking to build an attached garage that will add value to the home.  Also, according to the owner, the garage will help stop trespassing of vehicles and pedestrians across the property.
 
Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval of the request to reduce the side setback from 5 feet to 1 foot.  The proposed new garage will fit into the neighborhood where there are already other structures that are close to property lines or  on property lines.  At the time of the writing of this report, staff has not heard any comments from surrounding neighbors. 
 

Staff recommends Conditional Approval of the variance request.