City Variance 1315 – 1053 Lincoln Lane – Lot area - A variance from 27-308 requiring a minimum lot size of 19,200 square feet to allow a minimum lot size of 18,290 square feet in a Residential-7000 (R-70), on Parcel F of Certificate of Survey 537 a 18,290 square foot parcel of land. The purpose of the variance is to allow two new duplex structures on the property. 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 within this report.  

OWNERS: Propriedad, LLC
AGENT: Scott Aspenlieder, PE
PURPOSE: Lot size to allow 2 duplexes on a 18,290-sf lot
LEGAL DESCRIPTION:  COS  537, Parcel F
ADDRESS:  1053 Lincoln Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70

The City Council conditionally approved the petition of Annexation 20-02 at its meeting on July 27.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
2401 Sunnyview Lane	1253	3/1/2017	Lot size	Y	For 2 SFD in R96
109 S 35th St	1300	9/4/2019	Lot size	Y
1048 N 23rd St.	1225	4/6/2016	Lot area for a new 4plex	N
301 S 32nd St.	1114	3/7/2012	Lot area for existing duplex	Y
711 N 15th St	1304	12/4/2019	Lot size for 3 units	Y	1 SFD & 1 duplex
1840 Poly Drive	782	10/6/1998	Lot size to split lot in two	Y	Split lot to add one unit
401/405 Terry	794	4/6/1999	Lot area for 3-units	Y	Rebuild letter
3042 Boulder Ave	798	5/4/1999	Lot area for 4-units	Y	New 4-unit building
Hampton Place Townhomes	818	7/5/2000	Lot area for new townhomes	Y	New 19-home development
1338 and 1340 Cheryl Dr	895	5/6/2003	two new duplexes	N
1503 Bitterroot Dr	898	6/12/2003	to create two lots	N	two new single family lots <7K
2529 Arnold Ln	906	8/5/2003	new duplex	N - withdrawn	new duplex
811 5th St W	909	9/2/2003	split lot	Y	lot split to build 2nd dwelling
2529 Arnold Ln	913	9/2/2003	new duplex	Y	new duplex
411 S 31st St	916	12/2/2003	two existing duplexes	Y	rebuild letter
1204 Hawthorne Lane	1076	9/1/2010	duplex and sfr	Y	rebuild letter

NORTH: Zoning: R-70
Land Use: Residential 
SOUTH: Zoning: CC
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential 
WEST: Zoning: HC
Land Use: Commercial

This is a variance request from 27-308 requiring a minimum lot size of 19,200 square feet to allow a minimum lot size of 18,290 square feet in a R-70 zone. The purpose of the variance is to allow two duplex structures on the property.  There have been similar variances granted in the surrounding neighborhoods, granting the variance would not be out of character for the neighborhood.  This variance was postponed from the July 1, 2020, meeting in order for the City Council to review the proposed Annexation for the property. Since the City has now conditionally approved the annexation petition, the Board of Adjustment has the authority to act on the variance.

The proposed development plan is to construct a second duplex on the existing property. The project fits within the neighborhood, with multifamily located to the east, Community Commercial zoned property to the south and Highway Commercial zoned property to the west. This area of Lincoln Lane is a prime location for duplex and multifamily construction, with easy access to Main Street. Residential 7,000 zoning will allow this type of development, but the property does not meet the minimum lot area by 910 square feet to allow for the construction of the second duplex.  Additionally, the development of the property would remove an older mobile home unit and clean up the property.  This is considered an infill type of development that is supported by the Growth Policy.  

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 lot is smaller than allowed under the zoning regulations.  The lot is 910 square feet smaller than allowed for a second duplex and restricts development of the property.
 
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 area 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 to accommodate two duplexes.
 
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 18,290 square feet to construct a second duplex and allow two duplex dwellings on the lot. No other variance is intended or implied with this approval.
2. The variance is limited to Parcel F of Certificate of Survey 537, generally located at 1053 Lincoln Lane. 
3. The applicant shall meet all other code requirements, including, but not limited to, Building Code, Engineering code, all state and federal regulations, with the exception of this variance.
4. The property will be developed in substantial conformance to the site plan submitted with this variance.
5. There will be no construction activity, or operation of equipment prior to 7 a.m. or after 8 p.m. daily.
6. The developer/owner/applicant must apply for and receive approval of a building permit within 1 year of approval, and complete construction within 2 years of BOA action. Failure to meet the time limits of this condition will void the variance.
7. The conditions of annexation approval must be completed prior to any construction activity on the property.  Billings City Council has conditionally approved the petition for annexation. 
8. 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
Approval of a building permit must be obtained within 1 year of approval, and construction completed within 2 years of BOA action
 
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 – duplex 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.