e.
City Board of Adjustment
- Meeting Date:
- 02/03/2021
- SUBJECT
- Variance 1329-1116 2nd St. West
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1329 – 1116 2nd St W – Side setbacks- A variance from 27-308 requiring a 5-foot side setback for a single-family dwelling to allow a 1-foot setback for the north side and 0’ setback for the south side of an existing structure in a Residential-7000 zone, on Block 19, South 37.5’ of lots 43-46, West Side Subdivision, a 3,730 square foot parcel of land. The purpose of the variance is to allow an existing structure a rebuild letter for financing purposes. Tax ID: A18033. Presented by; Karen Husman, Planner I.
RECOMMENDATION
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.
APPLICATION DATA
OWNERS: Vick Van Buskirk
AGENT: Carrie McNeese
PURPOSE: Allow existing residence to remain and be rebuilt on the property
LEGAL DESCRIPTION: Block 19, South 37.5’ of lots 43-46 West Side Subdivision
ADDRESS: 1116 2nd St. W
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
AGENT: Carrie McNeese
PURPOSE: Allow existing residence to remain and be rebuilt on the property
LEGAL DESCRIPTION: Block 19, South 37.5’ of lots 43-46 West Side Subdivision
ADDRESS: 1116 2nd St. W
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
Staff has researched the surrounding neighborhoods and found many nonconforming lots (that did not have a variance application on file) that were smaller than the required size allowed under the Zoning Code. In addition, there have been twenty-one variance requests in this subdivision. The variance requests have been for lot coverage, setbacks, and lot area. Eight of the twenty-one variances were for lot area, two were denied and six approved. Listed are the 5 most recent.
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY |
|||||
| 302 Burlington | 1074 | 9/1/2010 | Lot size, SB, LC | Y | Lot size for a SFD |
| 244 Burlington | 1086 | 3/2/2011 | Lot size, LC | Y | |
| 317 Lewis | 1094 | 3/2/2011 | Lot size, SB, LC | Y | |
| 311 Alderson | 1195 | 7/2/2014 | Lot size | Y | Lot size for a Duplex |
| 103 Alderson | 1245 | 12/7/2016 | Lot size | Y | Lot size or duplex |
SURROUNDING LAND USE & ZONING
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
Land Use: Residential
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
BACKGROUND
The applicant is requesting a variance to allow the existing single family dwelling to remain on the lot. The house was constructed in 1915. There have been similar variances granted in the district. The variance for this parcel would not negatively affect the neighborhood, as the building already exists. The applicant is requesting the variance in order to obtain a rebuild letter for financing purposes.
This is an older neighborhood in Billings and there are several properties in the area that have more than one dwelling unit on them. There have been variances that have been granted in the area for single family, duplex, and three-plexes, on smaller lots than what is allowed by current zoning. There are other properties in the neighborhood that have multiple dwelling units on smaller lots. Some properties have obtained variances in the subdivision while others have not. The existing 3,730 square foot lot would allow one single family dwelling. The applicant would like a variance for side setbacks on the existing single family dwelling in order to get a rebuild letter.
This is an older neighborhood in Billings and there are several properties in the area that have more than one dwelling unit on them. There have been variances that have been granted in the area for single family, duplex, and three-plexes, on smaller lots than what is allowed by current zoning. There are other properties in the neighborhood that have multiple dwelling units on smaller lots. Some properties have obtained variances in the subdivision while others have not. The existing 3,730 square foot lot would allow one single family dwelling. The applicant would like a variance for side setbacks on the existing single family dwelling in order to get a rebuild letter.
SUMMARY
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 no special conditions or circumstances with the land that create a hardship. The structure was built prior to the zoning restrictions 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 that began developing well before the current zoning (1972). Over the years, many changes to existing structures have happened that may or may not meet current code. Variances have been granted in the area for existing dwellings on smaller lots, and for reduction in setbacks. Some properties have obtained variances while others have not. Therefore, allowing the applicant setback variances for an existing dwelling on a 3,730 square foot lot does not deprive the applicant of rights commonly enjoyed by other properties 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;
Granting this variance would not confer a privilege to this applicant that is denied to other owners in the area. There are several properties that do not meet the required setbacks.
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.
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:
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 requested variance is to ensure the future opportunity to rebuild one single family dwelling on a 3,730 square foot parcel of land in its current location.
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 already allowed in the zoning district – Residential -7000 zoning allows single family dwellings.
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 no special conditions or circumstances with the land that create a hardship. The structure was built prior to the zoning restrictions 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 that began developing well before the current zoning (1972). Over the years, many changes to existing structures have happened that may or may not meet current code. Variances have been granted in the area for existing dwellings on smaller lots, and for reduction in setbacks. Some properties have obtained variances while others have not. Therefore, allowing the applicant setback variances for an existing dwelling on a 3,730 square foot lot does not deprive the applicant of rights commonly enjoyed by other properties 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;
Granting this variance would not confer a privilege to this applicant that is denied to other owners in the area. There are several properties that do not meet the required setbacks.
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.
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 1-foot setback for the north property line and 0’ setback for the south property line (both side setbacks) for an existing structure on a 3,730 square foot lot. No other variance is intended or implied with this approval.
2. The variance is limited to Block 19, South 37.5’ of lots 43-46, West Side Subdivision, a 3,730 square foot parcel of land generally located at 1116 2nd St W.
3. The applicant/and/or property owner shall meet all other city code requirements 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.
2. The variance is limited to Block 19, South 37.5’ of lots 43-46, West Side Subdivision, a 3,730 square foot parcel of land generally located at 1116 2nd St W.
3. The applicant/and/or property owner shall meet all other city code requirements 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
The requested variance is to ensure the future opportunity to rebuild one single family dwelling on a 3,730 square foot parcel of land in its current location.
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 already allowed in the zoning district – Residential -7000 zoning allows single family dwellings.
RECOMMENDATION
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.