HomeMy WebLinkAboutResolution No. R23-74RESOLUTION OF !APPROVING
QUEST i
WHEREAS, on July 30, 2023, property owner Jon Rutt submitted a Variance Request
(hereinafter `'the Variance" or "Rutz Variance Request LZV-23-01 ") on behalf of his business
(Culligan) (hereinafter "the property") to expand the storage/warehousing component of the
business to vacant property located at 614 West First Street (hereinafter "the Application");
WHEREAS, the legal description of the property is YOUNGS SECOND
SUBDIVISION, 509, T02 S, R24 E, BLOCK 6, EAST 90 FT LTS 11-15 (17);
WHEREAS, historically, the City of Laurel Central Business District (hereinafter "the
CBD") allowed for storage/warehousing, but the Laurel Municipal Code has since been
modified to remove storage as a conforming use in the CBD;
WHEREAS, the Application and supporting Information was submitted by the Property
Owner on July 30, 2023;
WHEREAS, the Application was heard by the Planning Board and Zoning Commission
(hereinafter "the Zoning Commission") on August 16, 2023;
WHEREAS, the Zoning Commission found that the Application and supporting
documentation were sufficient for review;
WHEREAS, the Zoning Commission found that the history of the ownership, expansion
of the business, and the Laurel Municipal Code (as amended) are relevant to this situation;
WHEREAS, the Zoning Commission found that the denial of the variance request
would constitute an unnecessary and unjust invasion of the right of property; this is based upon
the fact that there are a number of other businesses in the CBD that have a warehousing/storage
components that cross lot boundaries;
WHEREAS, the Zoning Commission found that the grant relates to a condition or
situation special and peculiar to the applicant; this is based on the history of the growth and
expansion of the business at the location and crossing lot and public right-of-way boundaries;
WHEREAS, the Zoning Commission found that the basis is something more than a
mere financial loss to the owner as the standard (if applied to all similar properties in the CBD)
would have devastating impacts on all of the owners in the CBD;
R23-74 Approve Rutt Variance Request LZV-23-01
WHEREAS, the Zoning Commission found that the hardship was created by someone
other than the owner;
WHEREAS, the Zoning Commission found that the Variance is within the spirit, intent,
purpose, and general plan of the LMC; the intent of the LMC is to ensure compatible land uses
that are mutually beneficial;
WHEREAS, the Zoning Commission found that the Variance would not affect
adversely or injure or result in injustice to others; in fact, approval of the Variance restores
rights enjoyed by others in the CBD that are denied this owner;
WHEREAS, the Zoning Commission found that the property owner did not own the
property prior to the amendment of the Regulations prohibiting warehousing/storage;
WHEREAS, the Zoning Commission has conducted a Public Hearing on the
Application, weighed the evidence, prepared Findings and Conclusions as required by the
LMC; and
WHEREAS, the Zoning Commission has concluded that the preponderance of the
evidence standard associated with the Rutt Variance Request LZV-23-01 rises to the level of
the DO APPROVE recommendation and forwards the same to the Laurel City Council for
FINAL DECISION and recommends approval of the Variance.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Laurel,
Montana that the Rutt Variance Request LZV-23-01 is hereby approved.
Introduced at a regular meeting of the City Council on the 12`x' day of September 2023
by Council Member Mackay.
PASSED and APPROVED by the City Council of the City of Laurel, Montana on the
12`x' day of September 2023.
APPROVED by the Mayor on the 12"' day of September 2023.
`t`urrnrrrrryd CITY OF LAURESE I,�
0 OF
Dave aggoner, May"6r=
R23-74 Approve Rutt Variance Request LZV-23-01
ATTEST:
&1w Solier, Clerk -Treasurer
APPROVED AS TO FORM:
A/ JI
Michele L. Braukmann, Civil City Attorney
R223-74 Approve Rutt Variance Request LZV-23-01
CITY HALL
115 W. IST ST. City Of Laurel
PUB. WORKS: 628-4796
WATER OFC.: 628-7431
COURT: 628-1964 P.O. Box 10
FAX 628-2241 Laurel, Montana 59044
ZONING COMMISSION REPORT LZV-23-01
Rutt Variance Request
August 24, 2023
Planning Board and Zoning
Commission
Background:
On July 30, 2023, Jon Rutt submitted a variance request on behalf of his business (Culligan) to expand the
storage/warehousing component of the business to vacant property located at 614 West First Street.
Historically, the Laurel Central Business District (CBD) allowed for storage/warehousing, but the Code was
modified, and storage was removed as a conforming use in the District. The property was acquired on
October 30, 2015.
Legal Description:
YOUNGS SECOND SUBDIVISION, S09, T02 S, R24 E, BLOCK 6, EAST 90 FT LTS 11-15 (17).
Applicable Sections Laurel Zoning Regulations, Title 17 LMC.
17.04.030 - Scope.
A. This title applies to all lands in the incorporated limits of the city; and any additional territory
authorized by either state statutes or the county commissioners.
B. In their interpretation and application, the provisions of this title maybe regarded as the minimum
requirements for the protection of the public health, safety, comfort, prosperity and welfare;
C. This title is not intended to abrogate or annul any building permit, certificate of occupancy,
variance or other lawful permit issued prior to the effective date of the ordinances codified in this
title.
17.08.720 - Lot, record.
"Record lot" means land designated as a separate and distinct parcel on a legally recorded subdivision plat
or in a legally recorded deed filed in the records of Yellowstone County, Montana.
17.08.740 - Lot, zoning.
"Zoning lot" means a tract of land occupied or to be occupied by a principal building and its accessory
buildings, together with such open spaces and yards as are required under the provisions of this title,
having not less than the minimum area required by this title for a zoning lot in the district in which such
land is situated and having its principal frontage on a street or a permanent, exclusive, nonobstructed
easement of access or right-of-way to a street, not less than twenty feet wide. A "zoning lot" need not
necessarily coincide with a "record lot" as herein defined.
17.08.790 - Nonconforming use.
The use of a building or other structure or of a tract of land which does not conform to the use or
regulations of this title for the district in which it is located, either at the effective date of the ordinance
codified in this title, or as a result of subsequent amendments which may be incorporated into this title.
17.08.880 - Principal use.
"Principal use" means the primary or predominant use to which the property is or may be devoted, and to
which all other uses on the premises are accessory.
17.08.1200 - Variance.
"Variance" means an adjustment in the application of the specific regulations of this title to a particular
piece of property which property, because of special circumstances applicable to it, is deprived of
privileges commonly enjoyed by other properties in the same vicinity or zone.
17.20.020 - Zoning classified in districts.
Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020.
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Accessory buildings or uses incidental and customary to a
permitted residential use and located on the same parcel as
the permitted residential use
A
A
A
A
A
A
A
A
A
Airports
A
A
Alcoholic beverages manufacturing and bottling (except
below):
A
A
1,500 to 5,000 31 -gallon barrels per year
SR
SR
SR
A
A
Less than 1,500 gallon barrels per year
A
A
A
A
A
Ambulance service
A
A
A
A
A
A
Antique store
A
A
A
A
Appliance - (household) sales and service
A
A
A
A
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Assembly halls and stadium
SR
SR
SR
SR
Assembly of machines and appliances from previously
prepared parts
SR
SR
SR
SR
Auction house, excluding livestock
SR
SR
A
A
A
Auction, livestock
SR
Automobile sales (new and used)
A
A
A
A
Automobile - commercial parking enterprise
A
A
A
A
A
Automobile and truck repair garage
A
A
A
A
A
Automobile service station
A
A
A
A
A
A
Automobile wrecking yard
SR
Bakery products manufacturing
SR
A
A
A
Bakery shops and confectioneries
A
A
A
A
A
Banks, savings and loan, commercial credit unions
A
A
A
A
A
Barber and beauty shops
A
A
A
A
A
Bed and breakfast inns
A
A
A
A
Bicycle sales and repair
A
A
A
A
A
Blueprinting and photostating
A
A
A
A
A
Boarding and lodging houses
A
A
A
A
Boat building and repair
A
A
A
Boat sales new and used
A
A
A
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Boiler works (manufacturing servicing)
A
Boiler works (repair and servicing)
A
A
Book and stationery store
A
A
A
A
A
Bottling works
A
A
Bowling alleys
A
A
A
A
Brick, tile or terra cotta manufacture
A
Bus passenger terminal buildings local and cross country
A
A
A
A
Bus repair and storage terminals
A
A
A
Camera supply stores
A
A
A
A
A
Camps, public
SR
A
A
Car washing and waxing
A
A
A
Car wash - coin operated
A
A
A
A
A
Cement, lime and plastic manufacture
A
Ceramics shop
SR
A
A
A
A
A
Chemical and allied products manufacture
A
Child care facilities
A
A
A
A
Churches and other places of worship including parish
houses and Sunday school building
A
SR
A
A
A
A
A
A
Clinic, animal
A
A
A
A
A
A
Clinics, medical and dental
SR
A
A
A JA
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Clothing and apparel stores
A
A
A
A
A
Coal or coke yard
A
Cold storage
A
A
A
Colleges or universities
A
A
A
A
A
Commercial recreation areas
SR
A
A
A
Commercial food products, storage and packaging
SR
A
A
Communication towers (commercial)
A
A
A
A
A
A
A
A
SR
Concrete mixing plants and manufacturing of concrete
products
A
A
Construction contractors:
Office
A
A
A
A
A
A
Open storage of construction materials or equipment
SR
A
A
Community residential facilities:
Adult foster family care home
A
A
A
A
Community group home
A
A
A
A
Halfway house
A
A
A
A
Youth foster home
A
A
A
A
Youth group home
A
A
A
A
Nursing, homes, convalescent homes, orphanages, and
charitable institutions
A
A
A
A
Crematorium
SR
A
A
SR
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Creameries, dairy products manufacturing
A
A
Creosote manufacturing or treatment plants
A
Department stores
A
A
A
A
Drug stores
A
A
A
A
A
Dry kiln
A
Dwellings: single-family Manufactured home
A
A
A
A
A
Class A, Class B, Class C
two family
A
A
A
multiple family
A
A
A
row housing
SR
SR
SR
Eating and drinking establishments:
Cocktail lounge, restaurants, bars and taverns
SR
SR
SR
SR
Restaurants (without the sale of alcoholic beverages)
A
A
A
AA
Drive-in restaurants
SR
SR
SR
Extractive industries - excavations of sand and gravel
SR
SR
Farm implements, sales and service
A
A
A
Fat rendering or production of fats and oils
SR
Feedlots - livestock
A
SR
Feed and seed processing and cleaning for retail purposes
Feed and seed - farm and garden retail sales
A
A
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Fertilizer manufacturing
SR
Fertilizer wholesale sales
SR
SR
A
Fertilizer - retail sales
A
A
A
Florist, wholesale sales
SR
A
A
A
Florist, retail sales
A
A
A
A
A
Flour mills
SR
SR
Food products manufacturing, storage and processing
SR
SR
A
Food stores (retail only)
A
A
A
A
Food stores (retail only) - 3000 sq. ft.
A
A
A
A
A
Foundry
A
Frozen food lockers
A
A
A
Fuel oil, gasoline and petroleum products bulk storage or
sale
A
A
A
Furnace repair and cleaning
A
A
A
A
Furniture and home furnishings, retail sales
A
A
A
A
A
Furriers, retail sales and storage
A
A
A
A
A
Gambling establishments
A
A
A
A
Garbage,"offal and animal reduction or processing
SR
Garbage and waste incineration
SR
Gas storage
SR
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Gases or liquified petroleum gases in approved portable
metal containers for storage or sale
A
A
A
Grain elevators
A
SR
SR
A
Greenhouses
A
A
A
A
A
Hardware, appliance and electrical supplies, retail sales
A
A
A
A
Hatcheries
A
SR
SR
Heliports
SR
SR
SR
SR
SR
Hobby and toy stores
A
A
A
A
A
Hospitals (for the care of human patients)
A
A
A
A
A
Hospital, animal
A
SR
SR
A
A
A
Hotels
A
A
A
Industrial chemical manufacture except highly corrosive,
flammable or toxic materials
SR
Irrigation equipment sales and service
A
A
A
A
Jails and penal institutes
A
Janitor service
A
A
A
A
Jewelry and watch sales
A
A
A
A
A
Kennels - commercial
A
SR
A
A
Laboratories for research and testing
SR
A
A
Landfills - reclamation or sanitary
A
Laundries, steam and drycleaning plants
A JA
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Laundries, steam pressing, drycleaning and dyeing
establishments in conjunction with a retail service counter
under 2500 sq. ft. in size
A
A
A
A
A
Laundries, pick up stations
A
A
A
A
A
Laundries, self-service coin operated
A
A
A
A
A
Libraries, museums, and art galleries
A
A
A
A
A
A
Lock and gunsmiths
A
A
A
A
A
Lodges, clubs, fraternal and social organizations provided
that any such club establishment shall not be conducted
primarily for gain
A
A
A
Lumber yards, building materials, storage and sales
A
A
A
Machine shops
SR
A
A
Manufacturing - light manufacturing not otherwise
mentioned in which no excessive fumes, odors, smoke,
noise or dust is created
SR
A
A
Heavy manufacturing not otherwise mentioned or blending
or mixing plants
SR
SR
Meat processing - excluding slaughter plants
SR
A
Meat processing, packing and slaughter
SR
Medical marijuana cultivation facility or cultivation facility
A
A
Medical marijuana dispensary or dispensary
A
Metal fabrication
SR
SR
A
Motorcycle sales and repair
A
A
A
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Mortuary
A
A
A
A
A
Motels and motor courts
A
A
A
Music stores
A
A
A
A
A
Office building, professional government and private office
buildings in which no activity is carried on catering to retail
trade and no stock of goods is maintained for sale
SR
SR
A
A
A
A
A
A
SR
Office equipment, supplies and service
A
A
A
A
A
Optician and optical supplies and sales
A
A
A
A
A
Oxygen manufacturing and/or storage
A
Paint and body shops
A
A
A
A
A
Paint and retail sales
A
A
A
A
A
Parking, public
SR
A
A
A
A
A
A
A
Parks, playgrounds, playfields and golf courses, community
center buildings - operated by public agency, neighborhood
or homeowner's association
A
SR
A
Pawn shops
A
A
A
A
Pet shops
A
A
A
A
A
Photographic studios
SR
A
A
A
A
A
Planing or saw mills
A
Post -secondary school
A
A
A
A
A
A
A
Prefabricated building materials assembly and manufactures
SR
A
A
Preschool
A
SR
SR
SR
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Printing, publishing, reproduction and lithography
A
A
A
A
A
Processing of previously slaughtered meats, including
cutting, wrapping, and freezing by freezer and locker
provisioners
A
A
A
A
Public utilities service installations
SR
SR
SR
A
A
A
A
A
SR
Public utilities storage yard
A
A
A
SR
Radio and TV broadcasting stations
A
A
A
A
A
Radio and TV tower
A
A
A
SR
Railroad yard
A
A
Real estate office
A
A
A
A
A
Rental service store and yard
A
A
A
Repair and servicing of industrial equipment and machinery
A
A
A
School, commercial
A
A
A
A
A
Scrap yards - storage and processing
A
Secondhand stores and/or antique store
A
A
A
A
Sheet metal shops and processing
A
A
Shoe repair
A
A
A
A
A
Sign manufacturing, painting and maintenance
A
A
A
Sign
Billboards
SR
SR
SR
SR
On premises
A
SR
A
A
A
A
A
A
Table 17.20.010
AG
RP
NC
CBD
CC
HC
LI
HI
P
Off premises
SR
SR
SR
SR
SR
SR
Slaughterhouse
SR
SR
Sporting goods sales
A
A
A
A
Storage, compartmentalized storage for commercial rent
SR
SR
Storage and warehouse and yards
SR
A
Stone cutting, monuments manufacturing and sales
SR
A
Sugar and sugar beet refining
SR
Swimming pools or beaches, public
A
Taxi stands
A
A
A
A
Theaters, cinema, opera houses
A
A
A
Drive-in theaters
SR
Tire recapping and retreading
A
A
A
Trailer and recreational vehicle sales area
A
A
A
Travel trailer park (transient)
SR
Truck terminals, repair shops, hauling and storage yards
A
A
A
Water and sewage treatment plant
A
A
Wholesale and jobbing establishments
SR
A
A
Woodworking shops, millwork
SR
A
A
Zoo, arboretum
SR
A
17.08.1200 - Variance.
"Variance" means an adjustment in the application of the specific regulations of this title to a particular
piece of property which property, because of special circumstances applicable to it, is deprived of
privileges commonly enjoyed by other properties in the same vicinity or zone.
17.60.020 - Land use variances issuance and denial—Determination procedure.
A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land
use variances from the terms of the zoning ordinances as will not be contrary to the public interest,
where, owing to special conditions, a literal enforcement of the provisions of the ordinances or
regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be
observed and substantial justice done. The zoning commission shall, after a public hearing, make
a recommendation to the mayor and council concerning the land use variance application.
B. The zoning commission shall not recommend that land use variances be granted:
1. Unless the denial would constitute an unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition or situation special and peculiar to the applicant;
3. Unless the basis is something more than a mere financial loss to the owner;
4. Unless the hardship was created by someone other than the owner;
5. Unless the variance would be within the spirit, intent, purpose and general plan of this title;
6. Unless the variance would not affect adversely or injure or result in injustice to others; and
7. Ordinarily unless the applicant owned the property prior to the enactment of this title or
amendment.
17.76.030 - Planning director—Powers and duties.
A. The planning director shall supervise and facilitate the processing of applications for amendments
to the official zoning map, special review applications, and requests for variances. Further, it shall
be his responsibility to present any applications or requests to the appropriate board or
commission.
B. It shall further be the responsibility of the planning director to aid the various boards, commissions
and departments in transmitting recommendations, records and reports to the city council and to
otherwise promote procedural regularity in the administration of this title.
C. The planning director shall not have authority to act in any final reviewing capacity and any
question as to interpretation or enforcement shall be determined by the appropriate board,
commission or department.
Process:
➢ The Application and supporting Information was submitted on July 30, 2023
➢ The application was heard by the Planning Board and Zoning Commission on August 16, 2023.
A The Application is forwarded to the City Council with a "DO APPROVE" recommendation based on
the following findings and conclusions:
Standard of Review:
o The Zoning Commission Finds that the application and supporting documentation are
sufficient for review;
o The Zoning Commission Finds that the history of the ownership, expansion of the
business, and the Laurel Municipal Code as amended are relevant to this situation;
o The Zoning Commission Finds that the denial of the variance request would constitute an
unnecessary and unjust invasion of the right of property. This is based on the fact that
there are a number of other businesses in the CBD that have a warehousing/storage
component that cross lot boundaries;
o The Zoning Commission Finds that the grant relates to a condition or situation special and
peculiar to the applicant. This is based on the history of the growth and expansion of the
business at the location and crossing lot and public right-of-way boundaries;
o The Zoning Commission Finds that the basis is something more than a mere financial loss
to the owner as the standard if applied to all similar properties in the CBD it would have
devastating impacts on all of the owners in CBD —The regulations should be amended to
correct this injustice;
o The Zoning Commission Finds that the hardship was created by someone other than the
owner. In fact, the change to the LMC was initially intended to prohibit mini storage
warehousing not storage associated with a conforming business in the CBD.
Unfortunately, the text of the regulations does not support the stated intent of the
amendment.
o The Zoning Commission Finds that the variance is within the spirit, intent, purpose and
general plan of this title. The intent of the LMC is to ensure compatible land uses that are
mutually beneficial. The Zoning Change that prohibiting storage/warehousing in the CBD
associated with a conforming business was an UNITENDED consequence.
o The Zoning Commission Finds that the variance would not affect adversely or injure or
result in injustice to others. In fact, approval of the variance restores rights enjoyed by
others in the CBD that are would be denied this owner;
o The Zoning Commission Finds that the property owner DID NOT own the property prior
to the amendment of the Regulations prohibiting warehousing/storage. The Zoning was
changed in 2015 and the property was acquired in 2016. It was noted that the property
has been used as accessory to the conforming business for several years and the issue
only identified when a new structure was proposed to house the ongoing use of the
property for storage.
A Conclusions:
o The Laurel Planning Staff and/or Contracted Staff have complied with their duties and
authorities under the LMC.
o The Zoning Commission has conducted a Public Hearing on the Application, weighed the
evidence, prepared Findings and Conclusions as required by the LMC.
o The Zoning Commission concludes that the Preponderance of Evidence associated with
the Rutt Variance Request LZV-23-01 rises to the level of the DO APPROVE
recommendation and forwards same to the Laurel City Council for FINAL DECISION.
Respectfully submitted,
Judy Goldsby, President
Laurel — Yellowstone Planning Board and Zoning Commission