904 Byron Street and 910 Byron Street. Lots 11 and 12 Block 87 of School Addition. Relocation of common boundaries.

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2 File No.: SEA Applicant: Jeff Anderson Address: 904 Byron Street and 910 Byron Street Legal Description: Exemption: Compliance Determination: Lots 11 and 12 Block 87 of School Addition Relocation of common boundaries. This boundary line relocation will not comply with the City of Missoula zoning regulations, Title 20, as proposed in the application materials provided with the exemption affidavit for the following reasons: 1. The proposed boundary line relocation will change the setback for the west property line of 910 Byron from a street side setback to a primary front setback, increasing the nonconformity of the existing structure. 2. The proposed boundary line relocation will change the setback for the east property line of 910 Byron from a side setback to a rear setback, creating a nonconforming setback. Per Montana Code Annotated , divisions or aggregations of land exempted from subdivision review are required to comply with all applicable zoning regulations; therefore the Office of Planning and Grants recommends that this subdivision exemption affidavit should not be filed with the Clerk and Recorder. Findings: Exemption: Zoning: Setbacks: The applicant has applied for an exemption in order to relocate common boundaries. The lots proposed for boundary relocation are located in the RT2.7 zoning district. RT2.7 is a two-unit/townhouse district that allows as permitted uses detached houses, lot line houses, two-unit townhouses and two-unit houses. The minimum parcel size is 3,000 square feet with a minimum area per unit of 2,700 square feet. Each lot within the RT2.7 zoning district, developed with a residential building, shall have a front yard and rear yard setback of 20 feet, interior side yard setback of 5 feet, and street side setback of 10 feet. The maximum height in the RT2.7 district is 30 feet for buildings with a primary roof pitch of less than 8 in 12 and 35 feet for buildings with primary roof pitches of 8 in 12 or greater.

3 Existing Lots: Proposed Lots: Parking: Conclusions: Exemption: Zoning: Setbacks: 2 Lots: Lots 11 and 12 are each 3,900 square feet and total 7,800 square feet together. The lots are developed with two single family dwellings. Access is currently off of Byron Street, Sherwood Street, and the alley. 2 Lots: Both lots are intended to maintain the existing uses. 910 Byron will be approximately 3,900 square feet and maintain access from the alley and Byron Street. 904 Byron will be approximately 3,900 square feet and maintain access from Sherwood Street and Byron Street. Parking currently exists for each residence and will remain unchanged. A boundary relocation is being proposed. The lots are located in the RT2.7 zoning district. Currently the existing residences straddle the common property line, merging the two lots for zoning purposes. As one parcel the existing residences meet setbacks except for the residence at 910 Byron, which has a nonconforming street side setback. As one parcel, there is a front off of Sherwood Street and the street side front is off of Byron. The remaining lot lines are interior sides. With the proposed boundary line relocation, the lot at 904 Byron will have a front off of Sherwood Street, a street side off of Byron and the remaining lot lines would be interior sides. This residence remains in conformance with regards to setbacks. With the proposed boundary line relocation, the lot at 910 Byron will have a front off of Byron Street, a rear parallel to the front, and the remaining lot lines would be interior sides. The west lot line parallel to Byron will change from a street side (10 ) to a front (20 ) and make the setback more nonconforming. The house is 3 feet 8 inches from the west property line, and is already nonconforming; however the boundary line relocation will increase the degree of nonconformity. The east lot line parallel to the new front now becomes a rear. The residence sits 5 feet from the east property line and must meet 20 foot rear yard setback. This creates a nonconforming rear yard setback.

4 The applicant attended the City Board of Adjustment on January 27, 2010 to request two variances for 910 Byron: 1) to vary 16 feet 4 inches from the required 20 foot front yard setback for the existing dwelling unit, and; 2) to vary 15 feet from the required 20 foot rear yard setback. On a vote of 4-2, the Board of Adjustment denied both of the variance requests. Existing Lots: Proposed Lots: Parking: 2 Lots: There are two existing lots. 2 Lots: The boundary relocations will result in two lots which will comply with minimum lot size requirements. Access to 901 Byron will be from Sherwood Street and Byron Street. Access to 910 Byron will be from Byron Street and the alley. Parking currently exists for each residence and will remain unchanged.

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24 SUBDIVISION EXEMPTION AFFIDAVIT REVIEW REQUEST SEA To: From: Date: Claimant(s): Jessica Miller, Office Manager Public Works Dave Loomis, OPG City Attorney's Office Friday, November 06, 2009 Exemption Proposed: Legal Description: Jeff Anderson Boundary Line Relocation School Addition, Lots 11 & 12, Blk 87 of School Addition Property Address: 904 Byron St & 910 Byron St - INSTRUCTIONS: Please review and process the attached subdivision exemption affidavit with respect to your specific areas of expertise and knowledge. 1. If you determine this subdivision exemption affidavit application cannot be processed administratively and instead must be forwarded to the City Council for public hearing you are instructed to immediately identify in writing detailed reasons for that determination; 2. After identifying in writing the determination that a public hearing is necessary you are instructed to immediately notify in writing the chairperson of PAZ of the determination, provide the written detailed reasons for the determination, and request that the matter be referred to PAZ for the purpose of scheduling a public hearing; 3. A copy of the written detailed reasons for forwarding the subdivision exemption affidavit application to City Council for public hearing will be simultaneously sent to the applicant and/or their agent, the City Attorney s Office; and City Council by the respective staff making the determination; and 4. Staff review is urged, to the best of your ability, to be performed within fifteen (15) working days of the date of this memorandum.