HomeMy WebLinkAboutCity/County Planning Board Minutes 06.02.2010 MINUTES
LAUREL — YELLOWSTONE CITY COUNTY PLANNING BOARD
JUNE 2, 2010 6:00 PM
COUNCIL CHAMBERS
Members present: Kathy Siegrist, Chairman
Greg Nelson, City Rep.
Dan Koch, City Rep.
Dick Fritzler, County Rep.
Judy Goldsby, County Rep.
Lee Richardson, County Rep.
Hazel Klein, City Rep.
Don Brown, City Rep.
John VanAken, County Rep.
Others present: Heidi Jensen, City Planner
The meeting was called to order at 7:10 pm by Chairman Siegrist.
Public Input: None.
A motion was made by Judy Goldsby to approve the minutes of the May 5, 2011
meeting. The motion was seconded by Don Brown and approved by an 8 -0 vote.
Heidi Jensen stated that both Richard Friztler and Kathy Siegrist were appointed as
County Representatives for the board by the Yellowstone County Commissioners
effective through June 30, 2013.
Public Hearing and Recommendation on Variance for Nutting Brothers Subdivision
Lots 7 & 8
Chairman Siegrist read the instructions for public hearings to the board and audience
present at the meeting.
Heidi Jensen read the Staff Report she for the variance application for Nutting Brothers
Subdivision Lots 7 & 8. (attached as follows).
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LAUREL CITY -COUNY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City- County Planning Board
FROM: Heidi Jensen, Laurel Planner
RE: Nutting Brothers Subdivision Lots 7 & 8
DATE: June 2, 2011
DESCRIPTION /LOCATION:
DESCRIPTION /LOCATION:
Blueline Engineering submitted a land use variance to allow the property commonly
known as Lots 7 & 8 Nutting Brothers Subdivision to reduce the minimum lot width
allowed in the Laurel Municipal Code Section 17.24.050, by 5 feet, a reduction from 40
feet to 35 feet. The property is currently zoned residential manufactured home and is not
incorporated within the Laurel City limits. The request is being submitted prior to a
request for annexation and subdivision review.
The property is located in an area currently zoned residential manufactured home and
legally described as, Nutting Brothers Subdivision 2" Filing, Lots 7 & 8 Township 2
South, Range 24 East, Section 10, Laurel, Montana Yellowstone County, Montana. The
property is commonly referred to as Nutting Brothers Lots 7 & 8.
STAFF FINDINGS:
1. The property owners have submitted a land use variance from the Laurel
Municipal Code (LMC) 17.24.050, minimum lot width. The application states, "The
maximum density allowed is one unit per 4,840 sf, this project would have a
density of 5,494 sf per unit. The neighboring mobile home parks to the south and
west have densities closer to the maximum allowed." "...the minimum lot
dimension for a single -wide unit is 40 feet wide by 100 feet deep. This
development will have a width of 35 feet and a depth of approximately 140 feet."
2. The attached exhibits are the application, map of potential construction and letter
from the applicant's representative.
3. As per the requirements of LMC 17.72.070, a public hearing on the matter shall be
held before the zoning commission before being heard by the Laurel City Council.
As per B. of the section, public notice was published in the Laurel Outlook and
adjacent property owners were notified by certified mail more than 15 days prior
to the public hearing.
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ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and made determinations on the following
chapters and sections of the Laurel Municipal Code (LMC):
1. According to Chapter 17.60.020 of the LMC the Zoning Commission may not
recommend granting a land use variance:
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 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.
2. As per LMC 17.72.060 the Zoning Commission shall make a recommendation to
the City Council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
STAFF SUGGESTED CONDITIONS:
If the Planning Board recommends approval of the land use variance, the following
conditions are suggested:
1. Applicant shall request annexation into the City of Laurel with the submittal of a
subdivision application compliant with Chapter 17.24 LMC.
2. Applicant shall contain all storm water onsite.
3. Applicant shall perform normal upkeep and maintenance of the premises to
maintain a neat and tidy appearance, and control for noxious weeds.
4. Applicants shall have Class "B" or better mobile homes on the property.
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Judy Goldsby asked when the zoning ordinances were put into place.
Heidi stated that the original zoning was established in 1979.
Proponents:
Marshall Phil from Blueline Engineering made the presentation for the variance on behalf
of the owners, Ray and Terry Moore.
Marshall Phil asked Heidi a question regarding Staff condition #2 on retaining storm
water on site. He was wondering if that means they will not be allowed to access the
city's storm drain.
Heidi stated that it depends on what the storm system in that area will allow. The city has
to be cautious in allowing so much water to run off. The city is asking that it all be
contained on site. If it can't be then the Public Works department will get involved to see
if a solution can be worked out.
Marshall Phil stated that he was under the assumption that they would be allowed a
minimal discharge into the city storm drain system.
Heidi suggested that he submit that request in the subdivision application and she will
then pass that request on to the Public Works department.
Marshall Phil went over the 7 items in Laurel Municipal Code (L.M.C.) 17.60.020.
Zoning Commission Considerations and Recommendation and commented:
1. Unless the denial would constitute an unnecessary and unjust invasion of
the right of property;
M.P. comment: This is not an issue.
2. Unless the grant relates to a condition or situation special and peculiar to
the applicant;
M.P. comment: Yes, for 2 reasons:
a. The shape of the property itself does not lend well for 100 foot
long trailer units that is why they are asking for a 5' variance on
width and will make the Tots 140 fee long.
b. Drainage issue: they will have to retain a lot of land for on -site
drainage which will take up a lot of the proposed development
and cause them to squeeze down the size of the parcels.
3. Unless the basis is something more than mere financial loss to the owner;
M.P. comment: There is something more than mere financial Toss. The density
allowed is 8 units more than the variance is asking for.
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4. Unless the hardship was created by someone other than the owner;
M.P. comment: The hardship was created by someone else because the plat existed
before the owner purchased it. The shape of the land that causes the hardship was
done by someone else.
5. Unless the variance would be within the spirit, intent, purpose, and general
plan of this title;
M.P. comment: He believes it is within the spirit, intent and general plan
because of the other trailer parks and manufactured homes in the area. It is very
similar or better than the density that already exists in the neighborhood.
6. Unless the variance would not affect adversely or injure or result in injustice
to others;
M.P. comment: The proposal is very similar or less dense than the neighboring
properties. The code has changed from the past since it allows a better class of
and more attractive homes. The roads will be paved and curb, gutter and
asphalt installed.
7. Ordinarily unless the applicant owned the property prior to the enactment
of this title or amendment.
M.P. comment: The owner did not own the land at that point.
Board questions:
Will there be parking made available and will garages be allowed?
The owner stated that parking will be provided on each lot and garages will be allowed.
What are the plans for on -site drainage and water retention?
The drainage and water retention issue will be addressed during the subdivision review.
Will there be enough for a 5 foot side setback as per fire code?
Yes. Single wide trailers are 16 feet wide which will still leave 9 foot side setbacks on
both sides. This is a fire issue that will be addressed by the Fire Department during the
subdivision review process.
Will there be any double wide homes allowed in the trailer park?
Double wide homes will have to meet the required 5 foot side setbacks.
Chairman Siegrist reminded the Board they are only to consider the variance issue and
not the issues that will be addressed in the subdivision review process.
What is the definition of a Class B manufactured home?
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Heidi did not have the code but she knows that Class B homes were built in 1990 or later.
What is the average square footage of the lots in this proposal?
The average square footage size is 5494 and the largest lots are 8534 square feet.
Marshall Phil pointed out that placing the units perpendicular to the street, jamming some
in parallel to the street and trying to get the maximum density allowed of 52 units wasn't
the attraction of the owner to the site. This number of units fits their plan, makes the
most financial sense and is actually less than what is allowed by Laurel Municipal Code.
Marshall stated that he appreciates the boards' consideration and thanked them for their
time.
More Board questions:
Dan Koch asked if there will be a code in affect in regards to junk vehicles and lawn
maintenance?
Marshall stated that there are currently city ordinances in place for both of those issues
that the City of Laurel is responsible to enforce.
Marshall stated that the proposed trailer park will be owned by 1 owner and the spaces
will be rented to people that own their own homes. The maintenance and enforcement of
junk vehicles will be done by the city who will contact the owner of the trailer park when
those (code) issues arise.
Heidi Jensen reminded the board that this issue will be talked about during the
subdivision review application and the Board is only considering the lot width variance
because at this point this is all speculative until the subdivision application is received.
All that is being asked to be considered tonight is consideration and recommendation to
the City Council for the variance of the 5 foot width.
Dick Fritzler stated that the Board is just trying to get a clear picture of what the trailer
park is going to look like.
Chairman Siegrist stated if the zoning wasn't being changed for a certain reason, the
board wouldn't even be addressing it. They could still do this without the board changing
the zoning. She realizes that the board is trying to get a picture of the whole project but it
isn't relevant to the issue tonight and for what the board is trying to accomplish.
Hazel Klein asked if there was any dedicated park land (with this proposal) that can be
used for a retention pond without sacrificing other useable land. Was putting the alley
way in a requirement of the city?
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Heidi Jensen stated that the City requested a rough drawing from the applicant as to their
proposal so they could pass it on to the board. When the subdivision application is
submitted it might not include an alley way.
Chairman Siegrist asked 3 more times if there were any proponents wishing to speak.
There were none.
Chairman Siegrist asked the board if they had any other questions for the Applicant.
There were no other questions.
Chairman Siegrist asked 3 times if there were any opponents wishing to speak. There
were none.
At this time the public hearing was closed.
Board discussion:
John VanAken stated that he is involved in the Laurel soccer program and thinks that the
drainage starts on E. 8 ends at the corner. He asked Heidi if she knew where it was.
Heidi stated that it is 100% a question for Kurt Markegard, Public Works Director and
will have to defer that question to Public Works.
Greg Nelson stated that because the Fire Department will have its own review of this
proposal during the Subdivision Review he thinks the board can go ahead and
recommend the lot widths be cut down by 5 feet with the idea that this issue will be
addressed.
Judy Goldsby asked how many units would be placed at 40' widths as opposed to how
many units would be placed at 35' widths.
Marshall Phil stated that at 40' widths there would be 52 units and at 35' widths there
would be 44 units.
Judy Goldsby asked how the density issue will play into connecting to city water and
sewer service.
Marshall Phil stated that the water line currently comes up E. 8 street. The proposal is
to dedicate right -of -way on E. Maryland and Date. Sanitary sewer servicing the units
will be in the alley way. Storm drainage is proposed to go up E. 8 to either Fir or Date.
The alley way will be paved. Access will also be paved and curb and gutter installed.
All of these issues will be reviewed during the subdivision application review.
Chairman Siegrist re- iterated that the applicant is asking for an adjustment in the lot
width at this point.
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Motion:
Motion by Hazel Klein to move this on to the City Council for approval based on the fact
that all they are asking for is the adjustment of the lot size of 35 feet versus the larger
size, showing by the City Planners recommendation that the square footage is actually
larger than the required amount on the average density based on the number of units that
are there; and, the four (4) recommendations from City Staff report be attached to this
motion:
1. Applicant shall request annexation into the City of Laurel with the
submittal of a subdivision application compliant with Chapter 17.24
LMC.;
2. Applicant shall contain all storm water onsite;
3. Applicant shall perform normal upkeep and maintenance of the premises
to maintain a neat and tidy appearance, and control for noxious weeds;
4. Applicants shall have Class `B" or better mobile homes on the property;
And, that the remainder of any requirements for water retention and /or streets, curbs and
gutters be governed by the Laurel city ordinances.
•
The motion was seconded by John VanAken and passed by a vote of 8 -0.
Miscellaneous:
Heidi announced that there are no applications to consider in July and there may be no
need for a meeting in July.
New D -ring binders were passed out to all board members. Heidi thanked Dan Koch for
fmding the binders at such a good price.
The meeting was adjourned at 7:55 pm.
Respectfully submitted,
Cheryll und, Secretary
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CITY OF LAUREL, MONTANA
CITY- COUNTY PLANNING BOARD
APPLICATION FOR VARIANCE
$550 for residential variance
$1,100 for commercial variance
This application covers appeals for decisions of the City Building Inspector and for requests for
variances concerning setbacks, structure heights, lot coverage, etc. but not for variances that
change allowed land uses.
The undersigned as owner or agent of owner 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. Legal description of property: 0 tglihl 5iti4-ilexc sub. 2M FI I j ni! , 1&S 11
T OZS, t2?s� ► SQCt-i ton 1 O
2. Street address and general location: E . $*, street to/140 M
3. Present zone classification: Restd &nth L4 Man ufac+u ree 1/1�
4. Requested variance/appeal: 17 2- 050 Al in; ►x1K,+a / � 4viG{7 k ✓tr/vi
5. Attach site plan showing ingress /egress, off -street parking, existing building locations
(use solid lines), proposed building additions (use dashed lines), and other information
relevant to the variance.
6. Recorded Owners(s): R r i Cn Ci 4 Te,rr M bore,
Address: pO $OX $1222. 13itlthg., MT SAIng- 17$2
Telephone: 4 s /— U 70
Agent(s): It U.41 LAX, G Y t '(ri
Address: 2110 Ov(X1(Wci Ptu1 Y1UJ, < (ki: -i `9P,
G)1u2
Telephone: (40V/194
7. Provide copy of covenants or deed restrictions on property.
I understand that the filing fee accompanying this application is not refundable, that it pays
part of the cost of process, and that the fee does not constitute a payment for a variance. I
also understand I or my agent must appear at the hearing of this request before the Planning
Board and all of the information presented by me is true and correct to the best of my
knowledge.
Signature of applicant:
Date of submittal: 65 62.7
blueline
ENGINEERING
2110 Overland Avenue, Suite 119E
Billings, MT 59102
Work: 406 - 294 -2294
Fax: 406 - 294 -2295
TRANSMITTAL •
Date: April 8, 2011
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Attention: Heidi Jensen 8 2101;
Company: Laurel Planning R
510 North Broadway, 4th Floor
Billings, MT 59101 \ CITY
t
OF LAUREL
From: Marshall Phil
Job #: 09023
Subject: Lot 7 & 8, Nutting Brothers Subdivision, Variance Request
Heidi,
I am applying for a Variance for the proposed Mobile Home Park that we have been
discussing.
The maximum density allowed is one unit per 4,840 sf, this project would have a density
of 5,494 sf per unit. The neighboring mobile home parks to the south and west have
densities closer to the maximum allowed.
Chapter 17.24.050 states that the minimum lot dimension for a single -wide unit is 40 feet
wide by 100 feet deep. This development will have a width of 35 feet and a depth of
approximately 140 feet. Therefore, we are asking for a variance to reduce the minimum
lot width by 5 feet, down to 35 feet wide.
Please all if you have any questions.
/ . /
,. `'
Marshall Phil
www.blueline- eng.com
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LEGEND:
E MARYLAND LANE
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1 g I — STORM DRAIN UNE
- - - J 1 93941100'E 1 740 9374a'004 147.60 ' — W WATER UNE
- UE— UNDERGROUND POWER
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I i NINFIVWW in-te RECORD BEARING AND DISTANCE
>-1I II I ( — ADJOINING PROPERTY BOUNDARY
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• M70 6F NE STING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN
UNIT 27 ARE INDICATED - ' • — — — e ' - - -I I THE ENGINEER. 174E ENGINEER EER DOES EST K NOT GUARANTEE THE ACCURACY OF
I X20' W10E SETBACK 20 MX 9ETBACK
. — — — — J L— , N MOE S 0'M 13x00 Nin'w'0017 143.00 • � _ SUCH INFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM.
SEWER, PHONE, TV) MAY NOT BE STRAIGHT LINES OR AS INDICATED ON - -
e — — — — — — — — — HE PLANS. CONTRACTOR SHALL CALL ALL UTILITY COMPANIES BEFORE
EXCAVATION FOR EXACT LOCATIONS, ...:
T EIGHT STREET — —
- - — UTILITY INSTALLATION SHALL BE INSTALLED PER MONTANA PUBLIC
Id YAOE RESERVED FOR WORKS STANDARD SPECIFICATIONS, SIXH EDITION, APRIL 2010
I RIGHT OF WAY FOR g I
IRRIGATION DITCH AND CITY OF BILLINGS STANDARD MODIFICATIONS, FEBRUARY 2011,
— I r 7 r COORDINATED GAS,
BY HE BS.PHONE AND CABLE TO BE
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