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HomeMy WebLinkAboutBoard of Adjustment Minutes 07.12.1983P.O. BOX 10 PHONE: 628-8791 City of Laurel LAUREL, MONTANA 59044 July 12, 1983 BOARD OF ADJUSTMENT DEPARTMENT Board of Adjustment scheduled meeting for July 12th cancelled for lack of quorum. Meeting re-scheduled for Monday, July 18, 1983, 7:00 p.m. Each member notified and each one in audience notified of change. P.O. BOX 10 PHONE: 628-8791 City of Laurel LAUREL, MONTANA 59044 July 18, 1983 BOARD OF ADJUSTMENT DEPARTMENT Board of Adjustment meeting of Jul'y 18, 1983, called to order at 7:08 p.m. with the following members present: Andy Muri, Acting Chairman Bonnie Preikszas Don Cahill : Rod Adams (new member) Others present: Cal Cumin, Cumin Associates, Billings Elaine Demaray, Laurel Outlook Jack Martin, 407 W. llth St., Laurel Michael P. Wheeler, P. O. Box 280, Laurel Duane Behm, 226 Laurmac Lane, Laurel Joseph M. Bradley, 615 3rd Ave., Laurel Oren and Anne Hellesvig, 512 Montana Ave., Laurel Arlene Strecker, 516 1st Avenue, Laurel Doreen Armstrong, 502 1st Avenue, Laurel J. D. Hintermeister, Jr., Ridge Dr., Laurel PETITION #BA 83-3 A. DUANE BEHM: A variance has been requested on the W90' of L. 19 and 20, Blk 2, Laurel Heights Subdivision, R6000 zone, to allow a house to be moved onto the site which has 5400 sq. ft. The property is located at 217 West 3rd Street aka 301 3rd Avenue at the corner of 3rd Avenue and 3rd Street, Laurel, Mt. Advertised in Outlook 6/22/83 and 6/29/83. Petitioner present. No protests or protestors. The lot is vacant. It used to be occupied by a church. Mr. Behm purchased both lots in 1970. He would now like to make use of the vacant lot with this request for a move on. Cumin Associates has no objections to the move on. Sketch submitted but may make a change and place it facing 3rd Avenue. It will be put on a foundation. City codes will be met. Sidewalk, curb and gutter are already in place. Sewer will be separate from other house. Anticipate construction to be finished by end of September. Discussion. Motion by Don Cahill to grant this variance as requested, seconded by Bonnie Preikszas. Motion carried with the Vote being 4 for, 0 against. PETITION #BA 83-4 JACK MARTIN: A ~ariance has been requested on Lots 13, 14, and 15, Blk 21, Laurel Realty 2nd Subdivision, to allow Residential Professional (office building). The property is located at 519 1st Avenue at the corner of 1st Avenue and 6th Street, Laurel, Mt. Advertised in Outlook 6/22/83 and 6/29/83. -1- Bd. of Adjustment July 18, 198B Petitioner present. Mr. Martin stated that he represents Mike Wheeler, prospective buyer, who would like to put in a dental clinic on this corner. Is asking for restrictive zoning. Has 33 signatures supporting this petition, all of whom are surrounding property owners.and a large percentage of everyone within B00' radius. The new zone and building would enhance the neighborhood. The present house is approximately 70 years old. Was remodelled 2 years ago. Residential use is not practical with post office and swimming pool on opposite corners. Traffic already created by park and post office. Zone change was asked for originally, which the Planning Board and Council refused because of asking for only 1/2 block instead of a full block. Rumor was that a grocery store was going in. This is false. The Hoppels changed their minds and signed a petition in favor of this request. Hoklins and Hansens are established on other corners on 1st Avenue. Mr. Martin believes this to be orderly progress being asked for. Off-street parking will be provided per City code. Access is already there. Andy Muri asked how many off-street parking spaces Were needed. Dr. Wheeler thought he would have 4 employees plus 2 patients per hour. Has no immediate plans for the new building. Building size would be approximately lO00 to 2000 ft. City code requires 3 spaces for each doctor plus 1 additional space for each 2 regular employees. Rod Adams questioned not having any immediate plans. House is a rental at this time. Discussion. If the variance is granted, Dr. Wheeler will purchase the land. Discussion. Protests submitted. Mr. Hellesvig Presented protest for Mrs. Palmer, making a total of 6 families protesting. Joe Bradley stated that he is a member of the Planning Board and would like the Board of Adjustment to consider the Planning Board's position. The general intent and purpose of variances should be establishing need and hardship. It is the Planning Board's job to provide for growth. Board should not grant variances according to LMC Chapter 17.12.140 as follows: A. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; B. Unless the grant relates to a condition or situation special and peculiar to the applicant; C. Unless the basis is something more than mere financial loss to the owner; D. Unless the hardship was created by someone other than the owner; E. Unless the variance would be within the spirit, intent, purpose and general plan of the zoning ordinance; F. Unless the variance would not affect adversely or injure or result in injustice to others; and G. Ordinarily unless the applicant-owned the property prior to the enactment of the zoning ordinance or amendment. Discussion. Andy Muri questioned the zoning. Present zoning was adopted in 1979. Zoning Committee denied rezoning of the property. Cumin Associates recommends denial because Mr. Martin can not prove hardship. Discussion. Andy Muri opposes granting variances for the future and is concerned with parking. Would be bypassing an entire City block to make the change. Are we in a position to argue with the Planning Board? Don Cahill commented on the Planning Board decision as them taking the easy way out. Bd. of Adjustment July 18, 1983 Basically the City Council did that also. There is room and it would improve the lot. All growth is not.bad. No protestors present at the meeting. Perhaps a stipulation could be put on the variance. Mrs. Hellesvig commented regarding having an office building on each corner and parking. Motion by Rod Adams to deny this request, seconded by Bonnie Preikszas. Motion carried with the vote being 3 for, 1 against. Joe Bradley gave out copies of new ordinances passed by the City Council on June 21st, 1983. Discussion. These ordinances are effective July 21st, 1983, and powers are now reserved to the Council regarding change of land uses. Dave Hintermeister wants to build an 8-plex on land zoned for a 4-plex. He was told to fill out an application for a variance and go from there. Meeting adjourned at 8:30 p.m. -3- ORDINANCE NO. 741 AMENDING SECT!ION 17.12.060, POWERS--VARIANCE AUTHORITY, OF THE LAUREL MUNICIPAL 'CODE. BE IT ORDAINED by the Council of the City of Laurel, Section 17.12.060 of the Laurel Municipal Code to read as follows: A. no change B. no change C. To authorize upon appeal in specific cases, not including or involving requests for Changes in land use under the zoning district in Which ~he property lies, such variances from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal ·enforcement of the' provisions of the ordinance or regulation will result in Unnecessary hardship, and so that the spirit Of the ordiDance shall be observed and substantial jusbice done. All other ordinances which may be in conflict with this ordinance are hereby repealed. This ordinance shall become effective thirty (30) days after final passage. Introduced at a regular meeting of the·City Council on June 7 , 1983, by Alderman Brennan PASSED by the Laurel City Council and APPROVED by the Mayor this 21st day of June , 1983. ~l~ert Ehrl~k; Mayor' - Donald L. Hackmann, City Clerk Approved as to form: Josep~ adley, City Atty that is hereby amended ORDINANCE NO. 742 ADDING SECTI6N 17.12.065, POWERS RESERVED TO THE COUNCIL, TO THE LAUREL MUNICIPAL CODE. BE IT ORDAINED by the Council of the City of Laurel, there is hereby added to the L~urel Municipal Code Section 17.12.065 as follows: Bection 17.12.065 Powers Reserved .to the Council The' Board of AdjUstment shall not have power'to grant or consider appeals or requests involving changes of land use under the specific zoning district in which the' property lies. The City Council reserves to' itself the power to consider, grant, or deny such application after receiving a recommendation from the City Zoning Commission under Title 17, Chapter 8, of this code. All other ordinances W~ich may be in conflict with this ordinance are hereby repealed. This ordinance Shall become effective thirty (30) days after final passage. Introduced at a regular meeting of the City Council on June 7 , 1983, by Alderman Marvin Car~r PASSED by the Laurel City Council and APPROVED by the Mayor this 215t day of June , 1983. l~b~ert Ehrlick, Mayo~ ORDINANCE NO. 743 ADDING SECTION 17.08.015 LAND USE VARIANCES NOT GRANTED--WHEN,.TO THE LAUREL MUNICIPAL CODE, BE IT ORDAINED by the Council of the City of Laurel, there is hereby adzed to the Laurel Municipal Code, a Section 17.08.015 as follows: Section 1~.08.O15 Land Use Variances;~ot Granted-TWhen 1. It shall be the duty of the Zohing'C0mmission So 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 'i~terest, 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 's~irit of the ordinances shall be observed andI ~ubstantiai justice done. The Zoning Commission shall, a~ter a public h~aring, make a recommendation to the Mayor and Council concerning the land use variance application. Final decision shall rest with the City Council. 2. The Zoning Commission shall not recommend that land use variances be granted: Unless the denial would constitutue an unnecessary and unjust invasion of the right of property; B.Unless the grant relates to a condition or situation special and peculiar to the applicant; C.Unless the basis is something more than mere financial loss to the owner; D.Unless the hardship was created by someone other than the owner; E. Unless the variance would be within the spirit, intent, purpose and general plan of the zoning ordinance; F.Unless the variance would not affect adversely or injure or result in injustice to others; and G. Ordinarily unless the applicant owned the property prior to the enactment of the zoning ordinance or amendment. All other ordinances which may be in conflict with this ordinance are hereby repealed. This ordinance shall become effective thirty (30) days after final passage. Introduced at a regular meeting of the City Council on June 7 , 1983, by Alderman Brennan PASSED by the Laurel City Council ~nd APPROVED by the Mayor this 2]$t day of JuDe , 1983. ~~rt Eh~lick, Mayo~ . ' Donald L. Hackmann, City Clerk . App~s,/~-t° form~. .. ~eph~. Bradley, City Atty~'