City Variance 1328 - 1115 N. 25th St. - A variance from 27-308 requiring a minimum lot size of 9,600 square feet for two single family dwellings, to allow a minimum lot size of 7,000 square feet, and from 27-308 requiring a 20-foot rear setback to allow a 3-foot rear setback, and from 27-310(i) requiring a 3-foot side setback for a detached structure to allow a 1-foot side setback in a Residential-7000 (R-70) zone, Block 2, Lot 3, Sunnyside Subdivision, a 7,000 square foot parcel of land. The purpose of the variance is to allow existing structures a rebuild letter for financing purposes. Tax ID: A16274
 Presented by: Karen Husman, Planner I.

Staff recommends conditional approval of the variance based on the determinations within the summary section of this report.
 
 

OWNERS: Capitol Land & Building Co.
AGENT: David Goodridge
PURPOSE:  To allow 2 existing SFD’s to remain and be rebuilt on the property, rear SB to 3’ & Side 1’
LEGAL DESCRIPTION: Blk 2, lot 1, Sunnyside Sub.
ADDRESS: 1115 N. 25th St.
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
L3 B19 Sunnyside	300	11/24/1981	Lot size	Y
L3 B14 Sunnyside	365	7/26/1983	Lot size	Y
L 3 B 10 Sunnyside	525	4/28/1987	SB	Y
L1 B6 Sunnyside	528	6/2/1987	LC	Y
L3 B9 Sunnyside	704	10/4/1994	SB	Y
L3 B9 Sunnyside	705	10/11/1994	Lot size	Y
1147 N 25th	1197	8/6/2014	Lot area	N	Lot size for 2SFD
2307 11th Ave N	1227	5/4/2016	Lot area	Y	Lot size for 1 duplex and 1 SFD
1045 N 25th St	1138	2/6/2013	Lot Area	Y	Lot size and 37% Lot coverage

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

The applicant is requesting a variance to allow the existing two single family dwellings and accessory structures to remain on the lot.  The rear house was constructed in 1958, and the front house was constructed in 1940, before the 1972 zoning regulations were in place.  There have been similar variances granted in this subdivision and in adjacent neighborhoods.  There are many properties in this area of Billings that are nonconforming for minimum lot area requirements for multiple dwellings on a single lot. Many do not have lot area variance. The variance for this parcel would not negatively affect the neighborhood, as the buildings already exist.  The applicant is requesting the variance in order to obtain a rebuild letter for financing purposes.

The proposed zoning for this property will be N1 - First Neighborhood when Project ReCode goes into effect in late February. The lot area variance will become moot once the new zoning is adopted. The side and rear setback variance will still be necessary. The new zoning requires a 5-foot rear setback and a 5-foot side setback for all structures.

Proposed DETERMINATIONS for Variance 1328;
 
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 structures were built in 1940 and 1958, prior to zoning.   In order for the property to be reconstructed as it is, the applicant is requesting approval so that a rebuild letter can be issued.
 
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 district where there have been other similar variances. There are other properties in the surrounding neighborhoods that have two dwelling units on lots not conforming to the zoning restrictions.  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 developed properties exist 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 7,000 square feet for 2 single family dwellings, a 3-foot rear setback and a 1-foot side setback. No other variance is intended or implied with this approval.
2. The variance is limited to Block 2, lot 1, Sunnyside Subdivision, 1115 N 25^th St. 
3. For the purposes of this variance the rear house (768 sf) and the carport (312 sf) are attached as shown on the site plan and documented photos.
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
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.