City Variance 1260 – Lot Area - A variance from 27-308 requiring a minimum lot area of 7,000 square feet to allow a minimum lot area of 2,125 square feet for a 2-family dwelling; from 27-308 requiring a minimum front setback of 15 feet to allow a minimum setback of 13 feet; from 27-308 requiring a minimum side adjacent to street setback of 10 feet to allow 4 feet; and from 27-308 requiring a minimum side setback of 5 feet to allow 3 feet for an existing 2-family dwelling in a Residential Multi-family-Restricted (RMF-R) zone on the west 85 feet of Lot 13, Block 165, Billings Original Town, a 2,125 square foot parcel of land. If approved, the variance will allow the owner to complete building renovations. Tax ID: A01079. Presented by Karen Husman, Planner I.

 

Planning staff recommends conditional approval based on the findings of the 7 criteria for Variance 1260.

OWNERS:                             Park Real Estate Services, LLC
AGENT:                                 Nathan & Heidi Matelich
PURPOSE:                           Allow a minimum lot area of 2,125 square feet for a 2-family dwelling, front setback to 13’, side adjacent to  
                                            street to 4’, side to 3’
LEGAL DESCRIPTION:          West 85 feet of Lot 13, Block 165, Billings Original Town
ADDRESS:                           201 S 29th Street
EXISTING LAND USE:           Residential
PROPOSED LAND USE:       Residential
EXISTING ZONING:               RMF-R

None.

Subject Property - None.

Surrounding Property - Records show there have been 18 variance applications in this subdivision on residential properties; 1 was for lot coverage and lot size (approved), 1 was for reduction in setbacks and increase in lot coverage (approved), 7 were for setback reduction (all were approved), 1 was for height of a structure (approved), 1 was for a change in non-conforming use (approved), 7 were for reduced lot size allowance (6 approved, 1 denied).

NORTH:   Zoning:                 CBD
                  Land Use:              Residential & Commercial
SOUTH:    Zoning:                 RMF-R
                  Land Use:              Residential single & Multi-family
EAST:       Zoning:                  RMF-R
                  Land Use:              Residential single & Multi-family     
WEST:      Zoning:                  RMF-R
                  Land Use:              Residential single & Multi-family
 

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 7,000 square feet to allow a minimum lot area of 2,125 square feet for attached 2 dwelling units; from 27-308 requiring a minimum front setback of 15 feet to allow a minimum setback of 13 feet; from 27-308 requiring a minimum side adjacent to street setback of 10 feet to allow 4 feet; and from 27-308 requiring a minimum side setback of 5 feet to allow 3 feet for an existing duplex dwelling in a Residential Multi-family-Restricted (RMF-R) zone on the west 85 feet of Lot 13, Block 165, Billings Original Town, a 2,125 square foot parcel of land. If approved, the variance will allow the owner to complete building renovations. The owner had begun some renovation work on the building and then discovered that to receive permits for the renovation a variance for the zoning requirements would need to be approved.
 
There have been 18 similar variance applications in this subdivision on residential properties; one was for lot coverage and lot size (approved), one was for reduction in setbacks and increase in lot coverage (approved), seven were for setback reduction (all were approved), one was for height of a structure (approved), one was for a change in non-conforming use (approved), seven were for reduced lot size allowance (six approved, one denied).  In addition, there are at least seven lots that are a non-conforming lot size for the number of dwelling units currently constructed on them without variance approval.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for Variance request #1260, based on the determinations for granting a variance.

Staff recommends conditional approval based on the findings of the 7 criteria for Variance 1249.