HomeMy WebLinkAboutBoard of Adjustment Minutes 02.14.1984BOARD OF ADJUSTMENT
LAUNEL~ MONTANA 6B044
February 14, !984
Meeting called to order by Don Cahill, Acting Chairman,
at 7:43 p.m., with the following members gresent:
Rod Adams Claude Cory
Bonnie Preikszas Don Cahill
Also present:
Paul Elsenpeter, 1612 E. 8th Street, Laurel
Cal Cumin, Cumin Associates,'Billings
Chuck Dickerson, Alderman .
Dan & Vivian Juhl, 7Z2 Locust'-Avenue, Laurel
R. N. Adams, 702 Locust Avenue, Laurel
PUBLIC HEARING - PAUL ELSENPETER ~84-01: A variance has been
requested on Lot .1~ Block 9~ Nutting Bros. Subdivision, RLMF
Zone, to allow setback reduction to zero. The property is
located at 1612 E. 8th Street., Laurel, Montana. Published
in the Laurel Outlook 1/25/84 and 2/1/84. No protestors
present. Petitioner present in his own behalf explained he
lives on 8th Street and Mulberry Avenue at the east edge of
the City limits. .Nutting Bros. Subdivision was platted with
half street dedication. Twenty feet O~ Mulberry Avenue is
gravelled and 20 feet is left for right-of-way on my side of
the curb. Then there is 30 feet to my house which exceeds
the 20 ft. required setback. The other half of the street
and east is county and unplatted. If we assume the same
right-of-way would be required on the undeveloped portion
east of me, that would give 80 ft. right-of-way plus the
required setback. _The present 12x24 structure, which I
realize must. be moved out of the right-of-way, is for storage
of a 16 ft. boat and trailer. I bought the materials for the
shed, applied for a.buitding permit and was turned down
because of the setback requirement, the materials started
"walking away" and I felt I had.to do something to protect
my investment so I built the boat shed. The City Engineer
stopped me and suggested I ask for a variance. I would like
to have zero setback. My boat needs to be protected against
sun, rain and vandalism. My lot measure 50x140. Discussion.
Dan Juhl asked about setback requirements.
Cumin Associates says the total dedication eventually will
Re 80 ft. Eighty feet is not necessary, but that is the way
the subdivision was started. Cal Cumin sees no reason for
denying this request.
Letter from Larry S. Peterson, Director of Public Works, and
David A. Michael, Public Utilities Director, read into the
record. They object to this request because of probable
future development as water and sewer are already in the area.
Discussion.
-1-
Mr. Elsenpeter'explained that he received permission from the
City to place his fence out into the right-of-way with the
provision that he would move it should the time come that the
City limits would expand beyond his property. Chuck Dickerson
would like to see it changed to conform with the property line
if this variance is granted; then Mr. Elsenpeter would maintain
the right-of-way tike everyone else does. More discussion.
Motion from Claude Cory to grant the zero setback and move
the fence as suggested, seconded by Rod Adams. Vote: 3 for,
1 against. Don Cahill stated he voted against the variance
because of the letter from the Public Works departments.
Variance denied as the concurring vote of four {4) members
of the board is necessary to decide in favor of the applicant
or to effect any variation. (76-2-324, M.C.A., 1983) Petitioner
may appeal to District Court within 30~days.
P.O. BOX I0
PHONE: 628-8791
City of Laurel
LAUREL, MONTANA 59044
February 15, 1984
BOARD OF ADJUSTMENT
DEPARTMENT
Petition No. 84-01
NOTICE OF DECISION ON
PETITION FOR VARIANCE
PAUL ELSENPETER having petitioned for a variance from
the City of Laurel Zoning Ordinance to permit the following:
to allow setback reduction to zero
The premises for which the variance is requested being located
at the following:
Lot 1, Block 9, Nutting Bros. Subdivision
located at 1612 E. 8th Street, Laurel.
Please take notice that at a meeting of the Laurel Board
of Ad3ustment held on February 14, 1984, and after public
notice and a public hearing having bee~ held, the Board denied
the petition for a variance.
Members of the Board participating in the decision were:
Rod Adams, Claude Cory, Bonnie Prelkszas and Don Cahill.
The vote of the Board being 3 votes for granting the
variance and 1 vote against granting the variance. Variance
denied as the concurring vote of four (4) members of the board
is necessary to decide in favor of the applicant or to effect
any variation. (?6-2-324, M.C.A., 1983).
Don Cahill, Acting Chairman
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