City Variance #1277- 744 Yellowstone Ave. - The applicant is requesting a variance from Section 27-308 requiring a minimum lot area of 9,600 square feet for two (2) dwelling units to allow a minimum lot area of 7,000 square feet in a Residential 7,000 (R-70) zone, on Lots 31 & 32, Block 55 of Suburban Homes Addition. The purpose of the variance is to allow a second address to be assigned to the property. Presented by Karen Husman, Planner I.

Conditional approval.

OWNER:                             Lavern & Nancy Petersen
PURPOSE:                         To allow a reduction in the minimum lot area allowing a second address to be assigned
LEGAL DESCRIPTION:     Lots 31 & 32, Block 55 of Suburban Homes Addition
ADDRESS:                         744 Yellowstone    
SIZE OF PARCEL:             7,000 sf
EXISTING LAND USE:      Single Family Residential 
PROPOSED LAND USE:   Same
EXISTING ZONING:          Residential 7,000 (R-70)

Building permit #BP-17-00170, for a garage with an artist studio on the second level.

There have been 23 variance requests in this subdivision.  The variance requests have ranged from lot coverage, to setbacks, to multiple dwelling units on a small lot, and signs in a school area. Three of the 23 variances were denied.  One was asking for smaller lot sizes than required by zoning so the property could be subdivided.  The second was a lot size variance and the third one was for a garage that would be larger than allowed by zoning. One variance included 33 properties, all requesting the setback from an arterial street be reduced. 

NORTH:         Zoning:       Residential 7,000
                        Land Use:   Residential single family
SOUTH:          Zoning:       Residential 7,000
                        Land Use:   Residential single family            
EAST:             Zoning:       Residential 7,000              
                        Land Use:   Residential single family
WEST:             Zoning:       Residential 7000
                        Land Use:   Residential single family 

The applicant is requesting a variance in order to add a second address to the property required by the power company to add a second electric meter.  The intent is to add the meter to the recently built garage with an art studio in order to keep the art studio electric separate from the residential structure, so the tenant would not be paying for the additional electrical use.
 
The owner states they are currently not living in the property, but intend to move back in to the house in the future.  The house was built in 1938 and the electrical wiring is in need of updating.  They would like to add a second meter to the new garage in order to keep track of the cost of producing their art. They have also stated they would not be converting the garage/ art studio into living space. However, allowing the second address with a lot size variance would allow a second dwelling unit.
 
There have been multiple variances granted to reduce the minimum lot size in the area.  While doing research on the property, it was noted there are several properties that have two addresses on a single lot. This part of Billings is mostly single family residences and in several cases two homes on a single lot.  In many parts of older neighborhoods in Billings there are two homes on a single lot.  This practice was very common in the earlier parts of Billings history and provides higher densities and still maintains the look of single family homes along the street frontage. 

Planning staff has reviewed this application, the zoning history in the neighborhood, and reviewed the situation on the subject property.  Staff is forwarding a recommendation of conditional approval based on the determinations for approval of variances as provided within this report.