Variance 1294 – 2229 Burlington Ave – A variance from Section 27-308  requiring a minimum lot size of 7,000 sf to allow minimum lot size of 6,979 sf in a Residential-7000 (R-70) zone, on Lot 8, of amended lots 3 & 4, Arnold Sub 2^nd Filing, S06, T01 S, R26 E, a 7,976 sf parcel of land. The purpose of the variance is to allow a lot line relocation for a property to be reduced to 6,979 sf.  Presented by; Karen Husman, Planner I.

Staff recommends conditional approval of the variance.

OWNERS: Mary Lou Miller Revocable Trust
AGENT: Cliff Miller, Trustee
PURPOSE:  lot line relocation
LEGAL DESCRIPTION: Lot 8 , Amd lots3 & 4, Arnold Sub. 2nd filing
ADDRESS: 2229 Burlington Ave.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
2104 Alderson	408	5/29/84	Lot size	Y	Duplex on 11,200sf in R-60 (11,500 req)
2319 Alderson	1087	3/2/11	Lot size	Y	4 plex on 8400 sf in R-60. (10,000 Req)
2208 Alderson	1088	3/2/11	Lot size	Y	9 plex on 15,729 sf. In R-60 (17,500 req)
2323 Alderson	1093	5/4/11	Lot size	Y	4plex on 8,800 sf in R-60 (10,000 req)
2314/2316 Yellowstone	1141	3/6/13	Lot size	Y	Duplex on 9,000sf in R-70 (9,600 req)
2310/2312 Yellowstone	1152	6/5/13	Lot size	Y	Duplex on 9,000sf in R-70 (9,600 req)

NORTH: Zoning: R-60
Land Use: Residential & Residential-Multi Family
SOUTH: Zoning: R-70
Land Use: Residential single family
EAST: Zoning: R-70
Land Use: Residential single family
WEST: Zoning: R-70
Land Use: Residential single family

The applicant is requesting a variance from a minimum lot size of 7,000 square feet to allow a lot line relocation and reduce the lot area to 6,979 sf.  The property owner currently owns both parcels at 2225 Burlington Avenue and 2229 (subject parcel) Burlington Avenue.  When the original home at 2225 Burlington was built across the lot line, the owners intended to keep both parcels.  Later, a second dwelling unit was added at 2229 Burlington (Lot 8) to the west for a family member. The lot line relocation will allow the parcels and structures to be conveyed separately.  

The owner would now like to sell the parcels separately. A lot line relocation is needed, however the relocation of the lot line will create a nonconforming lot size (less than 7,000 sf for a single family dwelling) for the property at 2229 Burlington.  There have been other lot size variances approved in this area of Billings.  The reduction in lot size is small  - 21 square feet - and will not negatively affect the neighborhood. There will be no physical indication that anything has changed in the neighborhood.
 
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report. 

PROPOSED DETERMINATIONS
 
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are not any special circumstances that exist in this situation other than the structure at 2225 Burlington Avenue was built over an existing lot line.  The property can not be separated without completing a lot line relocation to bring the lot line away from the existing structure.
 
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
The subject property is in a subdivision where there have been several lot size variances. There have been similar variances granted in the surrounding neighborhoods. Denying the variance would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
 
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance will not allow the applicant any special privileges. Similar variances have been granted in the area. 
 
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy.  Approval of this variance would allow the applicant to bring the property into conformance with the current zoning code.
 
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff is recommending the following conditions for the variance request:

1. The variance is to allow a minimum lot area of 6,979 square feet. No other variance is intended or implied with this approval.
2. The variance is limited to Lot 8, of amended lots 3 & 4, Arnold Subdivision 2nd Filing, generally located at 2229 Burlington Avenue. 
3. The applicant shall meet all other city code requirements with the exception of this variance.
4. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

 
6.  The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
There will be no time limit restrictions as the structure is already constructed.
 
7.  Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district – single family dwellings are allowed in the R-70 zone.
 

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.