Variance 1271 - 802/804 Lewis Avenue - A variance from Section 27-308 requiring a minimum lot area of 9,600 square feet for 2 existing dwellings on an undivided parcel to allow a minimum lot area of 8,028 square feet in a Residential 7,000 (R-70) zone, on Lot 3 & that part of Lot 2 north of the alley, Block 1 of Rickman Subdivision, and the 5 feet of the abandoned adjacent alley on the west. The purpose of the variance is to allow the re-financing of an existing property and no construction or reconstruction is proposed at this time. Presented by: Karen Husman, Planner I

Conditional Approval.

OWNERS:                            Thomas J. Grimm                              
PURPOSE:                           To allow the re-financing of an existing property and no construction or reconstruction is proposed at this time
LEGAL DESCRIPTION:          Lot 3 & that part of Lot 2 north of the alley, Block 1 of Rickman Subdivision and the 5 feet of the abandoned
                                           adjacent alley on the west.
ADDRESS:                          802 & 804 Lewis Avenue
EXISTING LAND USE:          Residential
PROPOSED LAND USE:      Residential
EXISTING ZONING:              R-7000

None

Subject Property – None

Surrounding Property – There have been six variance requests for reduced lot size for multiple units on a lot in the R-70 zone in the surrounding neighborhoods.  Five of those variances were approved.

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

The applicant is requesting a variance from 27-308 requiring a minimum lot area of 9,600 square feet for 2 existing dwellings on an undivided parcel to allow a minimum lot area of 8,028 square feet in a Residential 7,000 (R-70) zone, on Lot 3 & that part of Lot 2 north of the alley, of Rickman Subdivision, Block 1, and the 5 feet of the abandoned adjacent alley on the west.
 
The lot is in an older part of Billings and most of the surrounding lots were developed before zoning regulations existed. There are properties in the area that have more than one dwelling unit on them. Some have obtained a variance while some of them have not.  The property owner is requesting the variance to insure the ability to re-build either home should they be damaged beyond 50% of its replacement value at the time of the damage. This application was made at the request of a lending institution to complete re-financing.  No rebuilding is being requested at this time. 

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