Variance 1308 - City Variance 1308 – 3112, 3116 & 3120 Solar Blvd. – Lot size - The applicant is requesting a variance from Section 27-308, requiring a minimum 8,000 square feet for a dwelling in a Residential 8,000 (R-80) zone, on Lots 1 and 2, Block 3, Terra West Subdivision, 3rd filing, in Villas on the Park Condominiums, a combined 20,012 square foot parcel of land. The purpose of the variance is to allow the existing three homes on Lots 1 and 2 to conform to zoning in order to dissolve the condominium and create three lots of not less than 6,650 square feet each.  Presented by: Karen Husman, Planner I

Staff recommends conditional approval of the variance.      

OWNERS: Burrows Family Trust, Marlene Grimm & Daniel & Karen Kohm
AGENT: Lynette Burrows
PURPOSE: To allow homes on lots less than the required 8,000 sf
LEGAL DESCRIPTION: Lots 1 and 2, Block 3, Terra West Subdivision, 3rd filing
ADDRESS: 3112, 3116, 3120 Solar Blvd.
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-80

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
Lots 1-3 Blk 4, Terra West, 3rd	838	5/2001	Lot size	Y	SE corner of Daystar & Energy Blvd

NORTH:   Zoning:      R-80 & Terra West PD
                  Land Use:  Residential - Single Family Dwellings
SOUTH:    Zoning:      R-70 & Terra West PD
                  Land Use:  Residential - Single Family, Two-Family & Multi-family Dwellings
EAST:       Zoning:      R-80
                  Land Use:  Residential - Single Family Dwellings
WEST:      Zoning:     Terra West PD
                  Land Use:  Residential - Single Family & Multi-family Dwellings

This is a variance request from Section 27-308, requiring a minimum 8,000 square feet for a single family dwelling in a Residential 8,000 zone for lots in The Villas on the Park Condominiums, a combined 20,012 square foot parcel of land. The purpose of the variance is to allow the existing three homes on Lots 1 and 2 to conform to zoning in order to dissolve the condominium and create three lots of not less than 6,650 square feet each.
 
When the five unit project was planned, the developer/contractor intended to build five single family dwellings on four lots.   The four lot area is just over 40,000 square feet, enough lot area to construct five single family homes. In order to proceed with the project they would have had to resurvey the property making it five lots. Instead, they constructed three of the homes on two lots approximately 10,000 square feet each, and three homes on two lots just over 10,000 square feet each by creating a condominium complex. There has been one similar variance approved in this area of Billings.  The property is in a high density residential area and although there is not a historic amount of variances granted in the area, there are similar property with multiple units, some attached and some detached.

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 three single family dwellings were constructed on two parcels of land that are not large enough for three dwelling units unless combined with the adjacent lots (the condominium parcels).  The existing structures were built in conjunction with two other homes to create a condominium complex.  The owners would like to dissolve the condominium and in order to do this they must create legally conforming lots that are less than 8,000 square feet.
 
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;
There has been one similar variance granted in the surrounding neighborhood. 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. A similar variance has 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 and acquire a rebuild letter for financing purposes.
 
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 the existing three homes on Lots 1 and 2 to conform to zoning in order to dissolve the condominium and create three lots of not less than 6,650 square feet each.  No other variance is intended or implied with this approval.
2. The variance is limited Lots 1 and 2, Block 3, Terra West Subdivision, 3rd filing, in The Villas on the Park Condominiums, generally located at 3112, 3116, & 3120 Solar Blvd.
3. The applicants will submit the application for minor subdivision review within twelve months of variance approval.
4. The applicant shall meet all other city code requirements with the exception of this variance.
5. 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 applicants shall submit the subdivision plat application within 6 months of variance approval.
 
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 dwellings are allowed in the R-80 zone.

Staff recommends conditional approval, based on the determinations detailed in the summary section of this memo.