HomeMy WebLinkAboutCity/County Planning Board Minutes 10.01.2009 DRAFT
MINUTES
LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD
OCTOBER 1, 2009 7:00 PM
COUNCIL CHAMBERS
MEMBERS PRESENT: Dick Fritzler, County Rep.
Dan Koch, City Rep.
Hazel Klein, City Rep.
John VanAken, County Rep.
Kathy Siegrist, County Rep.
Greg Nelson, City Rep.
OTHERS PRESENT: James Caniglia, City Planner
Cheryll Lund, City Secretary
A motion was made by Dan Koch, seconded by Greg Nelson,to approve the minutes of
the July 2, 2009 and August 6, 2009 meetings. Motion carried.
ublic Input
Where was no public input.
ariance Re nest—Scott Wilm—602 W. Maryland—Relief from fence height on
I rner lot—LMC 17.48.050 A
James Caniglia, City Planner stated that the applicant would like a variance to allow him
to put up a 6-foot solid maintenance free fence right up to the edge of the right of way
Which would be approximately 10' from the sidewalk. This would not conform to
H.M.C. 17.48.050(A)which does not allow solid fences over 3 feet tall to be built up to
the right-of-way on corner lots
James went on to say that L.M.C. 7.12 requires a clear-vision triangle on all corners.
This fence does not affect the clear-vision triangle and poses no threat to vision on the
corner.
]Proponents:
Scott Wilm of 602 W. Maryland Lane, stated that he is proposing to remove the 4 foot
chain link he has on the east side of his property and replace it with a 6 foot maintenance
free privacy fence to keeps his dogs in the yard. It would be in the exact spot the
existing chain link fence is at. At this time the fence does not go out any further than the
1 0' right-of-way easement that exists. The front of his house sets at the 25' right-of-way
easement. He does not plan to put the fence out any further to the north or the east, so it
will fall within the required easements.
1
Slott went on to say that the neighbors across 6th Avenue to the east of him have a 6 foot
privacy fence placed right up to the right-of-way like he is proposing.
Scott stated that there is a controlled access (stop sign) on 61h Avenue on both sides of W.
Maryland.
Scott stated that he wants to improve his property and keep his dogs within his yard. He
is not asking for anything other than allowing him to put up a 6-foot solid privacy fence.
A letter was received from Joyce Griffin who lives at 926 6th Avenue. Her driveway is
right next to the proposed fence. She expressed concern regarding her visibility when
jacking out of her driveway, as there are 7 young children that live in the area that are
always passing by either on foot or riding bikes. She has requested that Scott place and
position a mirror on his fence to help her back out of the driveway. Joyce main concern
i5 safety and visibility.
Scott stated that 90% of the time Joyce parks her compact car in the alley in her garage.
Scott stated that he had talked with Joyce and she thanked him for talking with her and
expressed that she did not have a problem with Scott's proposal.
Opponents:
Where were no opponents present.
]Board Discussion and Decision:
The board questioned how the City ever approved the 6' tall fence that was built, against
I .M.C. code 17.48.050(A) at the house directly across 6th Avenue to the east of Scott
Wilm's property.
flames suggested that there are many people that do not check with the City prior to
building a fence.
.dames stated that this code needs to be updated.
A discussion was held regarding the mirror that was requested by the neighbor. It was
decided that the mirror would have to be on her property in order for her to see to the
north. It was decided that a mirror might add an element of confusion when she was
looking through both her rear view mirror and the other mirror that would be facing
north.
.dames suggested that the board needs to look into this code more in depth as this same
type of fence request comes up on a regular basis.
2
Pi motion was made by Dan Koch, seconded by John VanAken that the variance
requesting that Scott Wilm at 602 W. Maryland Lane be allowed to place a 6' tall privacy
fence up to the right-of-way on the east side of his house, as proposed in his application.
,mother discussion was held regarding how granting this variance could create problems
down the line if it is approved. It was decided that this code needs to be reviewed in
depth in the near future due to the many issues that need to be considered in allowing
others to do the same thing with fences on corner lots. There are many variations to
consider prior to allowing variances such as this one. One of those variations is whether
or not a stop sign is in place.
At this time the question was called for. The motion was carried by a vote of 5 - 1 with
Hazel Klein voting No.
Another question was raised on how the fence to the east of Scott Wilm was given a
permit to do the fence. The owner was given a permit in 1999 by a former staff member.
A motion was made by Dick Fritzler, seconded by Hazel Klein, that the Planning Board
strongly recommends that the City Council look at L.M.C. 17.48.050(A) and instruct the
building and code enforcement departments to enforce this code uniformly, and that the
City Council review this code and change codes accordingly. The motion carried by a
vote of 6-0.
Hazel Klein stated that she felt she had to vote No on the variance request. She can
Understand Scott's situation regarding privacy on his lot but is concerned that by letting
one person do something that is against the code how many others will want to do the
same thing. She was also concerned about the safety of having a fence so close to the
sidewalk and the possible danger of backing out onto the sidewalk portion of the
driveway just as someone emerges from behind the fence on the sidewalk
Discussion on Zoning and Land Use near the West Laurel Interchange:
It was decided that since the changes to the West Laurel Interchange have been put off
Until 2015 that this item be delayed until a later meeting.
A motion was made by Dick Fritzler, second by Kathy Siegrist and carried by a vote of
6-0.
Miscellaneous:
The board was asked by the Yellowstone County Commissioners to discuss the
:appointment of Lee Richardson, 115 E. I P Street, Laurel, to a County Representative
Spot.
3
After a discussion a motion was made by Dan Koch, seconded by Kathy Siegrist to
recommend that the County Commissioners appoint Lee Richardson for a County
Representative spot on the Planning Board. The motion carried by a vote of 6-0.
James asked the board members if anyone would like to volunteer to be the Chairman of
the board. No one volunteered to take the position.
James will put this on the November agenda.
The meeting was adjourned at 8:15 pm.
Respectfully submitted,
Cheryll Lund, Secretary
4
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Ro. • On CITY OF LAUREL, MCNl —IN
LvLf1 T��ei'Tand - °
City-County Planning Board
AY.pT,7Cry=!ON Foe,
'his application covers appeals from decisiers of the City wilding
,Inspector and -or req-uests for far;antes concer7:ng setbacks,
structure hei co ghts, lot verage, etc - but n ot f r
or vain aces that
crar_Qe allowed land uses .
',he undersigned as owner or agent of- OW-ner of the following
described property requests a variance to the Zoning Ordinance of
the City of Laurel as outlined by the laws of the State of Montana.
1 . Le al description -af property: () 10_i
19/11GC/ Cod
2 _ Street address "and general location-. �()� i�G rc� Y1 d n�
Present zone classification_
4 . Requested variance/appeaW : (�-t
Attach site plan showing ingress/egress, or`-street parking,
existing building locations (use solid lines) , proposed
builIdin.g additions (use dashed lines) , and other information
relevant to ."He variance .
Owner (s)��1C.��C.D �^ "dat-,;Put /c udmrecorded owner (s)
&0�, (mailing address)
177 -5-CU (telephone)
Agent (s)
(address)
(telephone)
7 , Provide copy of covenants or deed restrictions on property-
I understand that the f i lJ ng fee accompanyincx this application
is not refundable, that it pays part of the cost of processing. , and
that the fee does not constitute a payment for a variance . 1 also
understand i or my agent raust appear at the hearing of this request
before the Scard of Adjustment . All of the information presented
by me is true and correct to the best of my knowledge _
Signature Date
fee: $500 for residential variance; $1,000 for commercial variance. FeeCpd. Date
Late appli cat?on received:
Departr#nent of Revenue CAMA Data Detail Page 1 of z
CAMA Detail
Disclaimer: Not all fields are currently maintained.The accuracy of the data is not guaranteed. Due to
the conversion from the legacy system there are known problems with CAMA(Computer Assisted
Mass(Appraisal)data currently available. Please notify the Appraisal/Assessment Office (406-896-
4000)lof any inaccuracies. CAMA data was last updated 05/21109.
Back to Search Form Propert_rT Tax Detail
Owner Information
Legal Owner: WILM,WILLIAM S&JEANETTE R
Tag M: B01669G
Geo Code: 03-0821-09-2-16-08-0000
Property Address: 602 W MARYLAND LN 59044
Legal I)escription: MOUNTAIN VISTA SUBD, S09,T02 S,R24 E,BLOCK 006,Lot 015,L:15 & 16 13:6
MOUNTAIN VISTA S UB
Clerk Recording#: 1917268 Recording Date: 03/31/98
Property Type Code: Residential-Urban
Property Indicator Dwelling
Code:
Site Data
Levy Pistrict: 0970
Neighhorhood Code: 500 ECF 1%
Utilities: All Public Access: Paved Road
Gas
Lot Size: 8,400 Sq.Ft. Topology: Level
None
Residential Building Data
Year$uilt: 1975 Lot Improve: Dwelling
Year remodel: N/A Effective Year: 80
Style: Ranch Exterior: Frame-Masonite
Story Height: 1.0 Condition: Average
Roof type: Gable Roof Material: Asphlt Shngle
Foundation: Concrete Basement: Full
Heat/Cool: Central A/C Grade: 5
Heating Type: Gas/Forced Air CDU: GD
Percent Complete: 100
Interior Data
Bedrooms: 3 Full Baths: 1
Family Rooms: 1. Half Baths: I Addl Fixtr:
3
1st Floor: 1,444 SQ FT Total Fixtures: 08
2nd Floor: N/A Bsmt Fnsh: 795
Basement: 1,060 SQ FT Heated Fir: N/A
Half F r: N/A Bsmt Garage: N/A
Attic: I�1� N/A Built-in N/A
f Garage:
Attic Type: None Masonry F/P: N/A
http://www.co.yellowstone.mt.gov/gis/csacama.asp?Geo_code=03082109216080000 8/8/2009
Departnient of Revenue C;AMA Data Detail -Page 1. of 1
Totals* 2,504 SQ FT F/P Height: 0.0 OPENING(S)-0
* includes finished,unfinished &attic footprint Pre Fab F/P: 1
area(s).
Other Residential Additions
Addition(s)Code Definitions Area(Sq Ft)
11 32
33 72
34 76
33 120
32 504
34 528
33 180
Other Residential Building& Yard Improvements
'!type Code Definitions Dimensions/SgFt Area(Sq Ft)
PA2 528 528
AL1 30 30
HT 1 0 0
Any comments or questions regarding the web site may be directed to the webmistress.
•
http://vow .co.yellowstone.mt.gov/gis/csacama.asp?Geo_code=0308210921608000O 8/8/2009
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Print Page 1 of 1
From: �oyce Griffin(keetacat@yahoo.com)
To: cloud@laurelmt.gov
Date: Monday, September 28, 2009 8:52:11 PM
Subject Reply to Variance Request
Joyce Griffin
926 6th�A.ve.
Laurel; �lt 59044
To the Laurel-Yellowstone City-County Plamling Board;
I am writing this in regards to the letter I received as to the variance request of my neighbor at 602 W
Maryland Ln, Scott Wilm. This is the variance of Laurel Municipal Code 17.48.050(A) fence heights,
within al residential 7500 zone.
There was a brief conversation had with Scott about.the fence being built. I have no problem with a six
foot fen�e. My biggest concern is my visibility backing out from my driveway and having very little
margin for error. There are quite a few small children on this side of 6th Ave, around 7 that I know
of and they are always passing by on foot or riding bikes.
My thoughts on this matter would be to have Scott place a mirror in position for me to be able to see
when I am backing out from my driveway. Safety and visibility is my main concei n. Thank you.
Sincerer',
Joyce Giffin
D
SEP 3 0 2009
CITY OF LAUREL
http://us�mg3.mail.yahoo.com/dc/launch?.gx=0&.rand=4hcsO( jopg5bp 9/29/2009
Yellowstone County Commissioners
RECEIVED
BOARD APPLICATION FORM SEP 2 3 2000
/, L WSTO E COUNTY, MONTANA
_ J
NAM HOME PHONE:
ADDRESS.
WORK PHONE:
CITY '
'� STATE: ZIP:
BUSINESS OR JOB:
I -
BOA�D OR COMMISSION APPLIED FOR: ~
Please describe your experience or background that you believe qualifies you fo service on this
Boaro or Commission (attach additional sheets if needed):
] '7
Why do you wish to serve on this Board or Commission?(X���
r r
¢A tin-a m or a!oWat feWids pe me (atta d1tional sheets if needed):
71
_ GC�
Signa re Date
Retur� application to: Board of County Commissioners
P.O. Box 35000
Billings, MT 59107-5000
K OFFICE USE ONLY:
APPOINTED_ : YES NO DATE
TERM EXPIRATION DATE:
(Circle one) _
ORIGINAL'APPOINTMENT REAPPOINTMENT TERM NO: