Loading...
HomeMy WebLinkAboutCity/County Planning Board Minutes 06.14.1984June 14, 1984 Meeting called to order by John Hawley Smith, President, at 7:00 ' p.m., with the following members present: • John Hawley Smith., President (City Rep.). Otto J. Preikszas, Exec. Secty (City Rep.) Ed LaPrath (County Rep.) Jim Straw (County Rep.) Gerald Shay, Member at Large Kenneth Christian (County Rep.) Josph M. Bradley (City Rep.) Members absent: R. M. Williams, Vice Pres. (County Rep.) Bus Roberts (City Rep.) Jim Seaton (County Rep.) Hal Dantic (City Rep.) Also present: Anna Mohland Barbro Schmittou Karen K. Keithler Perry & Dorothy Rodreick Bertha & Hugh van Swearingen Keith Metzger _ Patricia & Kim Flohr Vickie Jury Margaret & Darrell Aaby Elsie W. & Jack J. Lix Michael Bell Madelon Davis Cindy Wilson John L. Mohr, Attorney Tom Frickel Daniel McGee, CSS, Billings Steve Shay Paul Elsenpeter, Jr. Freddie Herman, Jr. Jim Worthington, Alpha Engineers, Billings Betty Benner Terrarcb J. & Leann L. Keller Cal Cumin, Cumin Associates, Billings Ken Tolliver, Attorney Minutes of previous meeting approved as sent out. Bills approved for payment: Engineering Department for Administrative Services in June, in the amount of $200.00; Cumin Associates for Planning advisory services for May and June, 1984, as per agreement, in the amount of $2,250.00. HOME OCCUPATIONS: Paul Elsenpeter, Jr., 1612 E. 8th Street, requests a home occupation as a contractor for small projects. This is mainly for his relationship with lumber yards and other suppliers. Only space use in home is desk and necessary office space. Cumin recommends approval subject to no change in site. Motion from Joe Bradley, second by Jim Straw, to recommend approval. Richard S. Elsenpeter, 1135 8th Avenue, requests a home occupation as repairing rods and reels and building fishing rods. He is represented • by Paul Elsenpeter, Jr.. Richard is a fireman in Billings. Very little equipment is used. Gerald.Shay asked about selling. Answer is maybe blanks. Cumin recommends approval. Motion by Ken Christian, second by Ed LaPrath, to recommend approval. eP i PUBLIC HEARINGS: FILE #PB 84-06 RODEREICK/MILLER: A zone change has been requested in C/S R1222, Tract B, and C/S. 4?1 04 Amended. from RLMF to allow LI. The owners propose a retail lumber yard and automotive shop. The propert is located between South School and the Freeway. Fee has been y paid. Published in Outlook 5/23/84 and 5/30/84. Abuts freeway and ove rpass. Access across both school and church property, apparently on common corder. Cumin says not enough area to request zone change if for Rodereick only, Miller property was added to beef area up to requirements. A letter from school board grants use of an undefined right of way and Congregational Church thinks something like 10' are already involved and will write an official grant of right of access roadway. No protests. Motion made to recommend approval, seconded and carried. FILE #PB 84-07 HAPPY GARDENS RESTAURANT: A Special Review has been requested on Lots 4, 5,'6, and 7,.Block 4, East Laurel Subdivision, CBD Zone. The Happy Gardens Restaurant has applied with the Department of Revenue, Liquor Division, for a floating all-beverage liquor license. The property is located at 409 West Main Street, Laurel, Montana. Fee has been paid. Published in Outlook 5/23/84 and 5/30/84. John Mohr, Attorney, represented. He presented a petition from surrounding owners in favor of the petitioner. The bar and drinking area will be separated from the main eating area. There is adequate parking. The restaurant serves a wide and cosmopolitan area. Cumin sees no problems and recommends approval. Motion from Otto Preikszas, seconded, and carried that the list of petitioners signatures be entered into the record. Motion from Gerald Shay, second by Ed LaPrath, to recommend approval. Carried. FILE #PB 84-09 MACE REALTY & INSURANCE: A zone change has been requested • on Lots 5--13, Block l3, and Lots and 3, Block 14, Cherry Hills Subdivision, 2nd Filing, from 87500 zone to allow R6000 zone. The owner proposes to build duplexes. The property is located on the south side of Maryland Lane and west of 13th Avenue, Laurel, Montana. Fee has been paid. Published in Outlook 5/23/84 and 5/30/84. Jim Worthington representing. These will be townhouses to permit sale of individual units. Cumin stated that east of the area has single family units. No protests but he reminded us that Mace owns land contiguous. Kim Flohr asked: Could townhouses be turned into rentals? Yes. His wife asked about petitions against. None received. Otherwise there would be many protests from among those of File #PB 84-10 GLASS. He implied that all concerned had not received registered letters. Jim Straw asked and it was answered that a petition against could still be col- lected and presented to the City Council. If a zone change is denied, the matter can not be resurrected for a year. Call for more discussion. Motion from Ken Christian to recommend denial, seconded by Gerald Shay. Carried. FILE #PB 84-10 GLASS: A zone change has been requested on Lots 1--7, and 39, 0, and 1, Block 10, Cherry Hills Subdivision, 2nd Filing, from R7500 zone to allow R6000 zone. The owner proposes to build duplexes. The property is located at the NW corner of 13th Avenue and Maryland Lane, Laurel, Montana. Fee has been paid. Published in Outlook 5/23/84 and 5/30/84. Cumin discussed the mandatory 12 points. Jim Worthington represents Glass. 61 protests. Cumin recommends denial. This is not in the spirit of the original plan and there have been many single family homes already built. Mr. Van Swearingen says he heard that additional duplexes are really planned. Kim Flohr iterates that he bought under representation that this was to be a single family area. Elsie Lix asked if church plan is to go ahead. Mr. Flohr says he heard Lonnie Petersen say he planned to move church to other side of Big Ditch. Pat Flohr asked about 12 other lots and says 44 families would be added. Mr. Beal objected or basis of school crowding. ,I Motion from Jim Straw, seconded by Ed LaPrath, to enter protests into record. Passed. Joe Bradley asked if single family isn't in restric- tions. .Cumin says a loophole exists in a list of exceptions. Motion Prom Ken Christian to recommend denial, seconded. Voted by board to recommend denial to Council. FILE #PB 84-12 VILLAGE SUBDIVISION 2rid.FILING: Ken Tolliver represents. No plat review. Problem is that sewer and water lanes connect along a county right-of-way. Due to flatness of area, drainage is a problem along a 700 ft. length. Cumin recommends approval subject to satisfaction of City Engineer's letter, Utility easements and County Surveyor approval. No protests. Motion from Ken Christian, second by Jim Straw, to con- ditionally approve. Mr. Straw commented that he believes it is the County's intention to turn gravel pit area over to local authorities for park use. Motion carried. FILE #PB 84-13 HERMAN-ADDITION FIRST FILING: Dan McGee representing. Application for annexation, zone change to RMF, preliminary plat includes 22 acres. Cumin went through Department Head plat review. What do you intend to do about storm drainage? .Anne Mohland objects that water coming from west hits culvert like a dam. Mr. McGee says drainage of lot is east and southeast and excess water only marginally at most affects Anne Mohland. As long as ditch is taken care of so she isn't sitting in a lake, anything they do is Okay with her. She lives in the County. McGee asks if it is appropriate at this time to put in a burm to help protect Herman property. Cumin recommends approval subject to satisfaction of City Engineer on storm drainage and streets. 60 ft. row OKay with Cumin. Only traffic-would be garbage trucks on, for now, gravelled road. Park money subject to park board negotiations. This hearing is annexation.and subdivision. Zoning hearing still to come on July 12th. Mrs. Mohland insists drainage does not work -- all other opinions to the contrary. Motion from Joe Bradley that we table this matter until we have the hearing on.zone request, and to comply with City ordinance, seconded by Jim Straw: Approved. Plat Review Committee is abolished. Send each board member a copy of plats, etc. Cumin Associates presented their contract addendum. Motion from Gerald Shay, second by Ken Christian, to.approve. Jim Straw asked what happens to contract if people in 41 mile area want out. Cumin said he is not worried and is willing to re-negotiate amount compatible to reduced area and monies available. Approved. Respectfully submitted, Otto J. Preikszas Executive Secretary OJP/pj 0 APPLICATION FOR CITY 3UsrtESS LICENSE 1. Name of Applicant /� v �.[ 2. Birthdate 10Q7 / / 3. Social Security ♦ S /G — —� cS v L. Home Address / 1,-d7 �T 5. Date of Arrival in City, O! r . / / `6 9 6. Name of Business to be licensed f �� �r o 7i 7. City or County from Which last license, if any, received )off 8. Description of activity to be licensed hT 6,75/ (, A yr 5 1 f a tlo 194 q 9. Address of described business /G 10. Whether the applicant shall act as principal or agent r ' 11. If acting as agent, name of business of principal or emplo_ er 12. New licenses being applied for require a fee of $10.00 for fire inspection. Applicant License Committee Chairman License Committee Member Police Chief License Committee Member Fire Chief License Committee Member City County Planning Board LAUREL- YELLOWSTONE CITY- COUNTY PLANNING BOARD LAUREL. MONTANA 69044 HOME OCCUPATION REQUEST FORM Date / /9s..5/ Name .< Lr- Address /l' /a g Phone 4 - v96 Description of proposed home occupation: ocK 714 s..�. - ee� �vL � - � / " x / a ` , Please answer the following questions by indicating yes or no. If your response is yes, please explain. 1. Will any person other than a member of the immediate family occupying the dwelling be employed, except domestic help? 2. Will any stock in trade be displayed or sold upon the premises ?) C 3. Will the character of the principal building be altered from that of a dwelling? ND 4. Will any illuminated signs be used? Iv Q Information: Law dictates that no sign other than one giving the name and occupation, and not more than one square foot in area be displayed. 5. Will more than 25 percent of the area of one story of the building be devoted to the home occupation? /U0 6. Will any equipment be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference? 4) O 7. Will any equipment dr process be used which creates visual or audible interference in any radio or television receivers off the premises? J© , Information Nome occupations are deemed to be both site specific and owner specific; CITY OF LAUREL HOME ACCUPATION REQUEST FORM Page 2 thus, the use of a portion of a structure as a home occupation will not permit a subsequent owner an automatic home occupation designation. Procedure 1. Complete home occupation request form and submit it to the City seven (7) working days prior to a regularly scheduled meeting of the Planning Board. 2. The Planning Board will consider the request at their regu- larly scheduled meeting. Attendance at this meeting is required by the applicant or his /her representative. 3. The Planning Board will make a recommendation to the City Council that the specific request for a home occupation designation be granted or denied. 4. The City Council will consider the Planning Board's r ecom- mendation concerning the specific home occupation designation and approve or deny it at their next regularly scheduled meeting. Attendance by the applicant or his /her represent- ative is required at this meeting. Sketch In the space below, please provide a rough sketch with basic dimen- sions showing the location of your business in your home in relation to the other areas in your home. Include any storage area the business ^ay require. A 4 '°4w '7 .e . (I 6 1 r r s r ilvar °° • b ' APPLICATION FOR CITY SUSVES5 j.isu1b1S 1. Name of Applicant A hi' Y 5. • reef 2. Birthdate 3 t g''s 7 3. Social Security S�-� " � J - - - . Home Address //5 'Ye , /004a 5. Date of Arrival in City, 4/',/(.z,eP/ „ -C) V / ? 6. Name of .Business to be licensed e4 arid' P P. � 7./C / � T. City or County from which last license, 3f any, received ,t_// tion of activity to be licensed -��� �fP� a� .�� 7 9 %J-$ 8. Description y � •� 9. Address of described business / /<C— . Q ���' e , .wv / 10. Whether the applicant shall act as principal or agent 11. If acting as agent, name of business of principal or emplo. er 12. New licenses being applied for require a fee of $10.00 for fire inspection. ti Applicant License Committee Chairman 4 License Committee Member $olive Chief License Committee Member Fire Chief License Committee Member City County Planning Board • • ti n LAUREL- YELLOWSTONE n CITY- COUNTY PLANNING BOARD LAUREI.. MONTANA 39044 HOME OCCUPATION REQUEST FORM Date /1/./;/ / //I • Name ,c G7/ �c� �/ Address //5 l/P • // - f' e)V Phone Description of proposed home occupation: 440//- . 5-4 d%e/ u� J lz) //f CO Please answer the following questions by indicating yes or no. If your response is yes, please explain. 1. Will any person other than a member of the immediate family occupying the dwelling be employed, except domestic help? „ 2. Will any stock i.n trade ;be displ ved or sold upon the re ises? 5 a/y /;fI"j AV r Carte/ 77 la /P a f ps n A' < ' 3. Will the char cter of the principal building be altered from that of a dwelling? 4. Will any illuminated signs be used? 4.1C2 Information: Law dictates that no sign other than one giving the name and occupation, and not more than one square foot in area be displayed. 5. Will more than 25 percent of the ar a of one story of the building be devoted to the home occupation? 6. Will any equipment be used in the home occupation which creates Oise, vibration, glare, fumes, odors, or electrical interference? d 7. Will any equipment or process be used which creates visual or audible intrference in any radio or television receivers off the premises? Information Hone occupations are deemed to be both site specific and owner specific; n n CITY OF LAUREL HOME ACCUPATION REQUEST FORM Page 2 thus, the use of a portion of a structure as a home occupation will not permit a subsequent owner an automatic home occupation designation. Procedure 1. Complete home occupation request form and submit it to the City seven (7) working days prior to a regularly scheduled meeting of the Planning Board. 2. The Planning Board will consider the request at their regu- I larly scheduled meeting. Attendance at this meeting is required by the applicant or his /her representative. 3. The Planning Board will make a recommendation to the City Council that the specific request for a home occupation designation be granted or denied. 4. The City Council will consider the Planning Board's recom- } mendation concerning the specific home occupation designation and approve or deny it at their next regularly scheduled meeting. Attendance by the applicant or his /her represent- ative is required at this meeting. • Sketch In the space below, please provide a rough sketch with basic dimen- sions showing the location of your business in your home in relation to the other areas in your home. Include any storage area the business may require. 0 1, 4 , t. & a 's�oP min WF a 4 • o S • 4 f /'■ /""N ¢y , 'Y . 4 III III 1 t.t ^..may.' . .. „, �.:., im, 528 Grand Avenue, P.O. Box 20762 CUMIN ASSOCIATES Billings, Mt. 58104.408/24a -6144 ADDENDUM SUBJECT: Addendum to the existing contract between Cumin Associates and the Laurel - Yellowstone City- County Planning Board. DATE: June 14, 1984 It is hereby agreed that Cumin Associates shall be retained by the Laurel - Yellowstone City - County Planning Board for the period of July 1, 1984 through June 30, 1985; such retention shall be subject to the stipu- lations and conditions delineated in the existing contract between the two parties. The remuneration to Cumin Associates will be subject to the bud- get approved by the City Council and County Commissioners; the amount planned shall be thirteen thousand five hundred dollars ($13,500.00). 40,// /,/ - Approve3; iur - Yellowstone Attest: City - County Planning Board 7 i'---Lici i - , _c_.,. ( ' - 2 ( - - ( Cumin Associates Attest: 528 Grand Avenue, P.O. Box 20782 CUMIN ASSOCIATES Billings, Mt. 59104 • 408/245-8144 SUBJECT: Quarterly Planning Activities Report for Period of May and June 1984 TO: Laurel City- County Planning Board DATE: June 14, 1984 This report outlines the planning - related activities performed for the Laurel City - County Planning Board by Cumin Associates during the period shown above. 1. Home Occupations Hatfield, Hoppel, Elsenpeter 2. Zoning Activity Changes: Lots 1 -7 and 39 -41, Block 10, Cherry Hills Subdivision, 2nd Filing (R7500to R6000) Lots 5 -13, Block 13, and Lots 1 -3, Block 14, Cherry Hills Subdivision, 2nd Filing (R7500 to R6000) Tract B, C.S. 1222, and C.S. 1604 Amended (RLMF to LI) Ordinance Amendment Public Hearing (Section 1732.010) Special Review: Happy Garden Restaurant (Floating All Beverage Liquor License) Variance: Public Hearing, Tracts lA € 2A of C.S. 1780 to allow triplex in R6000. 3. Subdivision Preapplication, Department Head, Plat Review, and Planning /—■ A June 14, 1984 Quarterly Planning Activities Report Page 2 Board Public Hearing Meetings: Village Subdivision, 2nd Filing Herman Addition, 1st Filing Minor Plats: S$S Subdivision, Amended DeCarlo Subdivision, Amended 4. Annexation Murray Heights Subdivision, 2nd Filing, (Lots 4 -11, Block 6; Lots 1 -12, Block 11; and Lots 1 -4, Block 13. 5. Miscellaneous Budget followup with Yellowstone County. County Planning tax force input at County Commission Meeting. Recommendation on mobile home numbering system. Recommendation to Board of Adjustment (Lots 19 and 20, Block 1, Laurel Heights Subdivision). Coordination of jurisdictional area dispute resolution with Billings Planning Board. City Council Meetings, attendance. LAUREL- YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL. MONTANA 99044 At a meeting of the Laurel - Yellowstone City- County Planning Board held on June 14, 1984, after public notice and a public hearing having been held, the Board recommends approval of the zone change request for Roderick /Miller from RLMF to allow LI. The property is located between South School and the Freeway. • LAUREL- YELLOWSTONE CITY - COUNTY PLANNING BOARD LAUREL. MONTANA 59044 At a meeting of the Laurel, - Yellowstone City- County Planning Board held on June 14, 1984, after public notice and a public hearing having been held, the Board recommends approval of the application for special review for Happy Gardens Restaurant. Happy Gardens has applied with the Department of Revenue, Liquor Division, for a floating all- beverage liquor license. The property is located at 409 West Main Street, Laurel. • LAUREL- YELLOWSTONE CITY-COUNTY PLANNING BOARD LAUREL. MONTANA 69044 At a meeting of the Laurel - Yellowstone City- County Planning Board held on June 14, 1984, after public notice and a public hearing having been held, the Board recommends denial of the zone change request for Mace Realty & Insurance from R7500 to R6000. The property is located at Lots 5 - -13, Block 13, and Lots 1, 2, and 3, Block 14, Cherry Hills Subdivision, 2nd Filing. The property is located on the south side of Maryland Lane and west of 13th Avenue, Laurel, MT. • • • LAUREL- YELLOWSTONE CITY- COUNTY PLANNING BOARD LAUREL. MONTANA 69044 At a meeting of the Laurel - Yellowstone City- County Planning Board held on June 14, 1984, after public notice and a public hearing having been held, the Board recommends denial of the zone change request for Glass from R7500 to R6000. The property is located at Lots 1 - -7, and 39, 40, and 41, Block 10, Cherry Hilts Subdivision, 2nd Filing. The property is located at the NW corner of 13th Avenue and Maryland Lane, Laurel.