City Variance 1305 -  1324 O'Malley - Setbacks -  A variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a 12-foot front setback and requiring a minimum rear setback of 20 feet to allow a 4-foot rear setback in a Residential 9,600 (R-96) zone, on Lots 11 & 12 of Block 1, Carlson Subdivision, a 9,980 square foot parcel of land. The purpose of the variance is to allow the construction of a new attached garage. The BOA previously approved this request under Variance 1284 on November 8, 2018. Tax ID: A04101. Presented by Karen Husman, Planner I.

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

OWNERS: Joel Parker
PURPOSE: To allow a minimum front setback of 12 feet & rear setback of 4 feet to build an attached garage
LEGAL DESCRIPTION: Lots 11 & 12 of Block 1, Carlson Subdivision
ADDRESS:1324 O’Malley Drive
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-96

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1324 O’Malley Drive	1284	11/2018	Front & Rear Setbacks	Yes	Attached Garage
SURROUNDING PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1421 Crawford	404	11/1/94	Front & Side SB	No	New Construction
2018 12th St. W	180	5/30/78	Side Setback	Yes	New construction
1202 Colton	527 638	11/27/84 6/2/87	SAS SB to 6.5’ SAS SB to 4.5’	Yes No
1606 Crawford	378	10/25/83	Arterial SB	Yes	New construction
1206 O’Malley	430	9/25/84	Side SB	Yes	New construction
1639 Avenue F	303	12/29/81	Lot Size & rear SB	No	New construction
1440 Avenue C	140	abt 1977	Side SB	Yes	New construction
1427Avenue C	112	abt 1977	Lot Area & rear SB	Yes	Existing Structure

NORTH:   Zoning:      PD
                  Land Use:  Residential Multifamily & Commercial
SOUTH:    Zoning:      R-96
                  Land Use:  Residential Single Family
EAST:       Zoning:      R-96  
                  Land Use:  Residential Single Family
WEST:      Zoning:      R-96
                  Land Use:  Residential Single Family

The applicant requested a variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a 12-foot front setback and requiring a minimum rear setback of 20 feet to allow a 4-foot rear setback in a Residential 9,600 (R-96) zone, on Lots 11 & 12 of Block 1, Carlson Subdivision, a 9,980 square foot parcel of land. The purpose of the variance is to allow the construction of a new attached garage. Previously, the board approved this request under Variance 1284 on November 8, 2018. The time limits for construction of the proposed attached garage have expired. A new variance is required.

There have been similar variances approved in this area of Billings.  The applicant is requesting the variance in order to add additional garage space to the lot.  If approved, this would allow a rear setback of four feet and the front yard setback at twelve feet.  This particular parcel is an odd shape that would not allow any significant useful addition to the home. This application was previously approved in 2018 with conditions that require the applicant to apply for a building permit within one year.  A new variance  approval is required to all the applicant additional time to acquire a building permit and start construction.

VARIANCE 1305 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;
The lot is an odd shape that prevents additions to the existing home without extending into one or more of the required setbacks.
 
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 an older subdivision. There have been similar variances granted for setbacks within the same district. Denying the variance for setback 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 for a front setback of 12 and a rear setback of four feet would 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.  It will allow use of the land in conformance to the zoning regulations.
 
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:

1. This approval is for a variance from Section 27-308 requiring a minimum front setback of 20 feet to allow a 12-foot front setback and a minimum rear setback of 20 feet to allow a setback of 4 feet to allow an attached garage.  No other variance is intended or implied with this approval.
2. The variance is limited to Lots 11 & 12 of Block 1, Carlson Subdivision generally located at 1324 O’Malley Drive.   
3. The applicant will submit and obtain a building permit for the new addition within one year and building completion within two years of variance approval.  Failure to complete the project within required timeline will void the variance.
4. The construction shall be in substantial conformance to the site plan submitted with this application.
5. Construction or demolition activity, including excavation and foundation preparation, will not occur prior to 7 am or after 8 pm daily.
6. The applicant shall meet all other city code requirements for the proposed addition, with the exception of this variance.
7. 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
The applicant will submit and obtain a building permit for the attached garage within one year and have it completed within two years.
 
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 with attached garages are allowed in the R-96 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 in the summary section of this report.