Variance 1304 - 711 N 15th St - Lot Area and Setbacks. This is a variance request from Section 27-308 requiring a minimum lot area of 13,000 square feet for a single family dwelling and a duplex dwelling to allow a minimum lot area of 7,500 square feet: from 27-308 requiring a three (3) foot side setback to allow a minimum of 2.5 feet and 1.3 feet, in a Residential-6000 (R-60) zone, on Block 2, lot 47-48, North Park Subdivision a 7,500 square foot parcel of land. The purpose of the variance is to allow an existing duplex and single family dwelling, and two out buildings to be rebuilt on the site in the future. Presented by; Karen Husman, Planner I

Staff recommends conditional approval of the variance.      
 

OWNER: Mindy McCord  
PURPOSE: To allow existing structures to remain on the lot.
LEGAL DESCRIPTION: Block 2, lot 47-48, North Park Subdivision
ADDRESS: 711 N 15th Street
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING:R-60

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
721,723 N 16th St	1104	8/3/11	Lot size for 3plex	Y
604 N 23rd St	1161	9/4/13	Lot size for duplex	y
722 N 17th St	1063	10/7/09	Lot size for duplex & sfr	N
1723 & 1727 8th Ave N	1060	10/7/09	Lot size for triplex and sfr	Y

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

This is a variance to allow a minimum lot area of 7,500 square feet and allow a minimum of 2.5 feet and 1.3 feet for side setbacks in a Residential-6000 (R-60) zone.  The applicant is requesting an allowance for an existing duplex and an existing single family dwelling to remain on a lot that is less than the required 13,000 square feet.  The request is for financing purposes in an effort to renovate, upgrade, and maintain the existing units.  The lot is in an older part of Billings and most of the surrounding lots were developed in the 1940’s and 50’s, prior to the implementation of the 1972 zoning. The proposed zoning for this property and surrounding properties as part of Project Re:Code is Mixed Residential 1 or NX1. This zone is intended to allow a variety of housing choices including single family, two-family and three or four unit buildings. The proposed minimum lot area in the NX1 is 7,000 regardless of the number of units on the property. The proposed NX1 side property line setbacks are five feet. Maintaining the units on this parcel through a variance now meets the criteria for variances and also will fit well with the proposed new zoning to be implemented in 2020.

Proposed DETERMINATIONS for Variance 1304
 
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 lot is less than required under the 1972 zoning for a duplex and a single family dwelling on the property.  The existing structures were built in 1937 and 1945, before the current zoning was in place.  
 
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 much of the development occurred in the early to mid 1900’s. 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.  There are also similar properties that have not obtained variances.
 
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 improve an older structure and make needed upgrades to the structures.
 
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 Variance 1304:

1. The variance is to decrease the minimum lot area for a single family dwelling and a duplex dwelling to allow a minimum lot area of 7,500 square feet, to allow a minimum of 2.5 feet and 1.3 feet side setbacks. No other variance is intended or implied with this approval.
2. The variance is limited to Block 2, lot 47-48, North Park Subdivision, generally located at 711 N. 15th Street.
3. The applicant shall meet all other city code requirements in making any modifications to the structures 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
No building permits are required as the buildings are existing. However, future improvements or remodeling of the structures may require building or other City permits.
 
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 – residential single family and two family dwellings are allowed in the R-60 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.