Variance 1255 – 1010 N 24^th St – Projection in Front Setback – A variance from 27-310(g) requiring a maximum projection in the required 20-foot front setback of 4 feet, to allow a maximum projection of 7 feet into the required 20-foot front setback for a proposed new front deck in a Residential 7,000 (R-70) zone, on the North 50 feet of the South 125 feet of Lot 4, Block 7, Sunnyside Subdivision, 2^nd Filing, a 7,000 square foot parcel of land generally located at 1010 N 24^th Street. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff is recommending conditional approval.

OWNER: Aaron James Higginbotham
AGENT: None
LEGAL DESCRIPTION: North 50 feet of the South 125 feet of Lot 4, Block 7 Sunnyside Subdivision, 2nd Filing
ADDRESS: 1010 N 24th Street
CURRENT ZONING: R-70
EXISTING LAND USE: Residence
PROPOSED USE: Same with new front deck entrance
SIZE OF PARCEL: 7,000 square feet

Pending Building Permit #BP-16-7916.

Subject Property: None

Surrounding Property: There have been 11 setback variances submitted in the Sunnyside Subdivision since 1972. Ten of those have been granted and 1 was withdrawn.

NORTH:	Zoning: R-70 Land Use: Residential
SOUTH:	Zoning: R-70 Land Use: Residential
EAST:	Zoning: R-70 Land Use: Residential
WEST:	Zoning: R-70 Land Use: Residential

This is a variance request to allow the owner to replace a concrete stairway and landing at the front entrance to an existing residence. The replaced landing and stairway will consist of a 4-foot by 12-foot wooden deck with a stair way down to the front walk. The existing home, previously used as a two-family dwelling, is constructed 17 feet from the front property line. This is 3 feet closer than the current zoning requires for a front setback (20-foot minimum). Projections for unenclosed decks are allowed within the required 20-foot setback. In the front yard the maximum projection allowed is 4 feet - or 16 feet from the front property line. The request would allow the front deck to be 13 feet from the front property line - a 7-foot projection into the required setback.

This property is in one of the oldest neighborhoods in Billings. Many homes were constructed in conformance with codes adopted before the current zoning (May 1972) and consequently do not always meet current requirements. This home was constructed in 1911 - 106 years ago. The home is well maintained and the current owner is investing in property upgrades including new windows, new electrical service and a new roof in 2016. The proposed project will allow the owner to replace an older concrete stoop with an outdoor seating area and deck.

Zoning records indicate 11 setback variances have been processed in this neighborhood and only 1 was withdrawn. Ten have been approved for small front, side, rear or arterial setbacks for new construction. Planning staff has determined at least 14 properties on N 24th St from 9th Ave North to 12th Ave N (3 blocks) are similarly situated. The residences, or the front porches, are closer to the front property line than is currently required. The proposed new deck would have a similar setback to these other properties.

Planning staff has reviewed the request and the review criteria for variances and is recommending conditional approval. The proposed variance is similar to previous variances granted in this neighborhood, is similar to other property within the same district, and denial of the variance would deprive this owner a privilege enjoyed by others in the area. There are similar front decks and porches at 1016, 1031 and 1033 N 24th Street. Planning staff is recommending conditions of approval to ensure and potential impacts to surrounding properties are mitigated.

Planning staff recommends conditional approval and adoption of the findings of the review criteria.