City Variance 1269 –719 Terry Avenue – Lot Area - A variance from Section 27-308 requiring a minimum lot area of 13,000 square feet for a two-family dwelling and a single family dwelling on an undivided parcel to allow a minimum lot area of 7,000 square in a Residential 6,000 (R-60) zone, on Lots 9 & 10 and the east 22.3 feet of Lot 11, Block 5, Yellowstone Addition, a 7,000 square foot parcel of land. The purpose of the variance is to allow the financing and sale of an existing property and no construction or reconstruction is proposed at this time. Tax ID: A18926
Presented by Karen Husman, Planner I.

Conditional approval.

OWNERS:                              Stephen & Charlene Brown   
PURPOSE:                             To allow the financing and sale of an existing duplex & SFD
LEGAL DESCRIPTION:            Lots 9 & 10 & the east 22.3 ft of Lot 11, Blk 5, Yellowstone Add
ADDRESS:                            719 Terry, 719 ½ # 1 & 2
EXISTING LAND USE:            Residential & Multi Family
PROPOSED LAND USE:        Residential & Multi Family
EXISTING ZONING:                R-60

None.

Subject Property – None
 
Surrounding Property – Records show there have been 22 variance requests in this subdivision.  Of the variance requests, four were for a change in non-conforming use (all approved), six were for lot size/area (one denied), eight were for setbacks (one denied), two for lot coverage (approved), one for fence height (approved), and one for lot size and setbacks (approved).

NORTH:   Zoning:      R-60
                  Land Use:  Residential & Residential Multi Family
SOUTH:    Zoning:      R-60     
                  Land Use:  Residential & Residential Multi Family
EAST:       Zoning:      R-60
                  Land Use:  Residential & Residential Multi Family
WEST:      Zoning:      R-60
                  Land Use:  Residential & Residential Multi Family

The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 13,000 square feet for a two-family dwelling and a single family dwelling on an undivided parcel to allow a minimum lot area of 7,000 square feet in a Residential 6,000 (R-60) zone, on Lots 9 & 10 and the east 22.3 feet of Lot 11, Block 5, Yellowstone Addition, a 7,000 square foot parcel of land. The purpose of the variance is to allow the financing and sale of an existing property and no construction or reconstruction is proposed at this time.
 
The BOA has reviewed seven similar variances in this subdivision for lot area, and denied one of those requests. The remaining variances were conditionally approved. Several dwellings in the area date from the same time period, those properties have similar nonconforming lots for the number of dwelling units and may be over lot coverage or not have required setbacks. The proposed variance is not out-of-character for this area and neighborhood.

Staff received comments from the City Building division concerning the duplex structure. Building staff pointed out that the Yellowstone County tax records show both structures on the lot to be single family dwellings. The Building Division has no permits of record that show renovations to the property or conversion to a duplex. Building staff was also concerned the duplex structure did not meet the required setbacks for Building Code. Staff did not receive any comments from other City Divisions or from the surrounding property owners concerning this variance request.  
 
Approval of this variance would allow the structures to be reconstructed on the property, however it would not allow it to be constructed in the same location, as it does not meet the current setback requirement for the Building Code, or the Zoning Code. 

Planning staff has reviewed this variance and is forwarding a recommendation of conditional approval of the request based on the criteria for variances as presented within this report.  Staff finds that the proposed variance would provide the applicant similar rights that are enjoyed by other property owners in the neighborhood. Six similar variances have been granted in this area and there are similar development densities in the neighborhood.

Staff recommends conditional approval of the variance, based on the criteria for granting a variance.