Variance 1245 – 103 Alderson/1302 1^st St West – Lot Area - A variance from 27-308 requiring a minimum lot area of 9,600 square feet to allow a minimum lot area of 7,000 square feet in a Residential 7,000 (R-70) zone for an existing duplex dwelling on Lots 1 & 2, Block 8 of West Side Addition Subdivision, a 7,000 square foot parcel of land. The applicant is not planning any construction, but if approved would allow the re-building if needed in the future of a duplex (2-family) dwelling on these lots. Tax ID: A17773.  Presented by Karen Husman, Planner I.

Planning Staff is recommending conditional approval.

OWNERS:                             Walter David & Sherry Lynn Herbert
AGENT:                                 None
PURPOSE:                            To allow a minimum lot area of 7,000 square feet in a Residential 7,000 (R-70) zone for an existing duplex dwelling
LEGAL DESCRIPTION:        Lots 1 & 2, Block 8 of West Side Addition Subdivision
ADDRESS:                            103 Alderson Avenue & 1302 1^st Street West
EXISTING LAND USE:          Residential Multi-family
PROPOSED LAND USE:      Residential Multi-family
EXISTING ZONING:              Residential-7000 (R-70)

None.

Surrounding Property – Records show there have been 21 variance requests in this subdivision.  The variance requests have been for lot coverage, setbacks, and lot area.  Eight of the 21 variances were for lot area, two were denied and six approved. In addition, staff has researched the surrounding neighborhoods and found 30 nonconforming lots (parcels that did not have a variance application on file) that were smaller than the required size allowed under the Zoning Code for the number of units existing on the property.
 

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

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 9,600 square feet to allow a minimum lot area of 7,000 square feet in a Residential 7,000 (R-70) zone for an existing duplex dwelling on Lots 1 & 2, Block 8 of West Side Addition Subdivision, a 7,000 square foot parcel of land. The applicant is not planning any construction, but if the variance is approved, would allow the re-building in the future of a duplex (2-family) dwelling on these lots.  The duplex was constructed in 1939.
 
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 single family, duplex, and three-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 in the subdivision while others have not.  The existing 7,000 square foot lot would allow one single family dwelling.  The County records we have available indicate the existing duplex was constructed with two units, it has two separate utilities, one for each unit (including gas, electric, water and sewer).  The applicant would like a variance for the existing duplex to allow reconstruction as a duplex as well as for future financing or sale.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for a variance to allow an existing duplex based on the determinations for granting a variance.

Staff recommends conditional approval of the variance #1245 based on the determinations for granting a variance.