HomeMy WebLinkAboutCity/County Planning Board Minutes 12.01.2011 MINUTES
LAUREL CITY - COUNTY PLANNING BOARD
DECEMBER 1, 2011 6:00 PM
COUNCIL CHAMBERS
Members present: Kathy Siegrist, Chairman
Dan Koch, City Rep.
John VanAken, County Rep.
Lee Richardson, County Rep.
Greg Nelson, City Rep.
Don Brown, City Rep.
David Shreder, City Rep.
Judy Goldsby, County Rep.
Others present: Heidi Jensen, City Planner
Cheryll Lund, City Secretary
Tom & Shelly Haidle
Call to Order: The meeting was called to order by Chairman Siegrist at 6:05 pm.
Roll Call: Greg Nelson, David Shreder, John VanAken, Don Brown, Lee Richardson, Judy Goldsby, Dan
Koch and Kathy Siegrist were present.
Public Comment: There was no public comment.
Approval of Minutes: A motion was made by Judy Goldsby with a second by Lee Richardson to accept
the minutes of the June 2, 2011 meeting with 2 changes: Year of meeting will be changed from 2010 to
2011 and the time meeting ( "brought to order") will be changed from 7:10 pm to 6:10 pm. Minutes of
the October 6, 2011 were accepted as written. The motion carried by a vote of 7 — 0.
Open Issues: Public Hearing and recommendation on a variance for Tom & Shelly Haidle for 306 W.
12 Street. (application attached)
Chairman Siegrist read the guidelines for conducting the public hearing.
Heidi Jensen spoke regarding the variance application. The Haidle's submitted a variance to allow the
property at 306 W. 12 Street allow a manufactured /mobile home. The Haidle's property is currently
zoned R7500 and located out of the city limits but within Laurel's one mile zoning jurisdiction. The R-
7500 zoning allows modular homes, but not manufactured /mobile homes. The Haidle's submitted a
supplemental letter in regards to why they are requesting this variance to allow their use and to address
the seven criteria in Laurel Muncipal Code 17.60.020 that the board uses as a guideline for consideration
of all variances.
The variance request would allow for the Haidle's 2006 manufactured home to be placed on the lot. If
the home was ever moved off, burnt, or destroyed by other acts of natural disaster, a manufactured
home would not be allowed to be placed back on the lot without the property owners going through the
same variance request.
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Heidi read the Staff Findings. (see attached)
1. The property owner has submitted a variance to "place a home built in June 2006 on the land
they have owned since 1996 ". The manufactured home is approximately 2280 square feet in
size and would have an unattached garage of approximately 1120 square feet.
2. The attached exhibits are copies of the variance application request, dimension drawing, and a
letter from the Haidle's explaining their need for a variance.
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 have been
notified by certified mail of the Planning Board and Council hearings more than 15 days prior to
their scheduled dates.
Heidi read the Staff recommendations:
If the Laurel City- County Planning Board makes findings from the above requirements and recommends
approval of the land use variance, the following conditions are suggested:
1. Applicant shall apply for a building permit and comply with all department requirements before
placing the home on the property.
2. Applicant shall perform normal upkeep and maintenance of the premises to maintain a neat and
tidy appearance, and control for noxious weeds.
3. This variance shall only be applicable for as long as this mobile resides on the lot. Any removal,
fire or other natural disaster voids the variance and the lots must be reviewed with residential
tract zoning regulations.
4. The owner shall annex the property into the City of Laurel and connect to city water and sewer
services.
Heidi stated that the building official, Gary Colley, has reviewed and approved the sight plan for
placement of the manufactured home on the lot at 306 W. 12 Street.
All adjacent property owners were notified by certified mailing. One letter of protest was received from
Alan Lees, President of L and L Investments, Inc. (see attachment)
Proponents:
Tom Haidle spoke regarding the variance application. He and his wife Shelly are living in Billings in a
bungalow while they are trying to re- establish their home in Laurel.
Tom addressed the letter from Alan Lees stating that placement of this proposed home would de -value
Alan's property.
Tom bought the home in 2006 for $135,000. It is a stick built home with 2 X 6 walls, vinyl siding, and an
asphalt roof. It will be placed on a permanent foundation. He will bring proof to the City, after this
home is placed, that the value of his home will meet or exceed the value of Alan Lee's properties that
are adjacent to his.
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Mr. Haidle went on to say that this area has been somewhat of a "sore thumb" area for the City of
Laurel for a number of years, some due to the city /county issue. By allowing this variance it will get the
lot back into the city and the sewer can be dealt with due to properties on both sides of him being on
septic systems. It will also help the city deal with the water issues as there is a 1/2 inch water line going
across his property that he cannot tap into but (he feels) is being pirated by other property owners. The
city has needed to address that waterline for many years. Not only will the city be able to address the
sewer and water issues but he and his wife will have a nice home in the area.
Lee Richardson asked how the home could be considered a manufactured home if it has 2 X 6 walls.
Tom stated that it is considered a manufactured home because it resides on 2 rails. Those rails will be
incorporated into the permanent foundation.
Judy Goldsby asked if this was the same variance request as Ann Kero's at 215 E. 5 Street, and will the
foundation be the same type?
Heidi stated that the Kero home was going to be placed on a magnum foundation. The home would
have then been secured to the concrete slab.
Tom stated that their home is 2400 square feet and will be secured well.
Dan Koch suggested that a deed for the home be secured after it is permanently anchored. By deeding
the house it will increase the value of both the home and property.
Tom Haidle stated they intend to secure a deed once the home is permanently placed. The plan is to
put their home on a permanent foundation with a partial basement space of 12' X 12' on the south end
where the property slopes. Placing the 12 X 12 room at that end of the property will make it look like a
daylight basement. They will use that room as a utility room.
The house will face north on W. 12 with the main driveway entrance on the east side. The south end
of the lot will have a driveway coming off of the alley into a garage. There is an existing slab (28' X 40')
that was placed six years ago for a 28' X 40' garage. The City stopped the construction of that garage
because there are ordinances that do not allow a garage built prior to a home.
Dan Koch asked if all of the properties in that area (out of the city limits) are on septic systems.
Heidi stated that part of the problem has been that some of the lots are in the city limits and some are
not in the city limits. Some of the lots that are not in the city limits are on city water service and septic.
It is better to keep all city services within the city limits only.
Mr. Haidle will request annexation and then plans to connect into city services that run to the west of
him. The city will require that he hook into the larger mains.
Judy Golsby asked if by Mr. Haidle requesting annexation it will necessitate Mr. Lee's properties coming
into the city limits.
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Heidi stated that the city cannot force them into annexation unless it is surrounded on 3 sides. But on
Tots this size eventually the septic systems are going to fail and those people will want to annex and be
able to hook into city services.
Judy Goldsby asked if the people receiving city services (that are out of the city limits) are being charged
for those services.
Heidi stated that they are receiving bills from the city for what services they are using. Heidi stated that
in hindsight the City should have required annexation prior to the homes along W. 12 being built.
Dan Koch stated that the annexation rule is that the property be surrounded on 3 sides. If Mr. Haidle is
approved for annexation than strategically the other homes can be taken in.
Heidi stated that the owners of the unbuildable property across the street from the Haidle's on the
north side of W. 12 south of the Big Ditch and east of the Gay Easton Bridge, are interested in
donating that piece of land to the city. The City would then turn that piece of land into natural park
land. This would be a big benefit to the school kids that cross over the Gay Easton Bridge and then walk
down W. 12 Street to and from school. The city could (possibly) use some CTEP money and also apply
for the Safe Route to Schools Grant to put in a gravel path and natural pines path for the kids to walk on.
Heidi stated that if the unbuildable property does become available to the city it could start the city
going the right direction for the properties that are out of the city limits on W. 12 Street to be annexed
in. It will also make W. 12 Street a city street which will eliminate any city /county street issues that
have plagued that street for many years.
Chairman Siegrist opened the public hearing at 6:27 pm.
Chairman Siegrist asked three (3) times if there were any proponents that wanted to testify. There
were none.
Chairman Siegrist asked three (3) times if there were any opponents that wanted to testify. There were
none.
Chairman Siegrist closed the public hearing at 6:28 pm.
Board Discussion:
Judy Goldsby thinks approving this variance is a great plan so the city can get their ducks in a row in this
city /county area of town.
Motion by Judy Goldsby, seconded by John VanAken to recommend to the Laurel City Council that this
variance which falls within the R7500 zoning, the City of Laurel's one -mile zoning jurisdiction and within
the 7 stipulations recommended in LMC 17.60.020.1 be approved with the following conditions:
1. Applicant shall apply for a building permit and comply with all department requirements before
placing the home on the property.
2. Applicant shall perform normal upkeep and maintenance of the premises to maintain a neat and
tidy appearance, and control for noxious weeds.
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3. This variance shall only be applicable for as long as this mobile resides on the lot. Any removal,
fire or other natural disaster voids the variance and the Tots must be reviewed with residential
tract zoning regulations.
4. The owner shall annex the property into the City of Laurel and connect to city water and sewer
services.
Motion by Judy Goldsby, seconded by John VanAken to amend the motion to include a fifth ( #5)
condition:
5. That once the manufactured home is placed on a permanent foundation the owners of the
property will apply for and receive a deed for the home.
The motion and amended motion were both carried by a motion of 7 -0.
Miscellaneous:
Tentative agenda for the January 5, 2012 meeting: Public Hearing and recommendation on the
proposed O'Reilly Auto Parts Lot Split on S.E. Fourth Street.
Heidi updated the Board on the variance to allow a manufactured home at 215 E. 5 Street for Ann Kero
that was heard at the September meeting. Ann attended the City Council workshop 2 weeks after the
Planning Board recommended approval to the City Council. In between the Planning meeting and the
City Council Workshop there was a neighboring "uprising" of sorts that lead to a large contingency of
people in attendance at the City Council Workshop with a petition asking the Council not to approve the
variance. After Ann attended the meeting and saw the opposition to the placement of her home at 215
E. 5 Street she withdrew her application from the City Council agenda and moved to Bozeman to be
closer to family.
Heidi is going to suggest that when the Planning Board reviews the Growth Management Plan they
revisit zoning for manufactured homes. At this time manufactured homes are only allowed in
Residential Manufactured Home zoning.
The River Ranch Retreat Subdivision was approved by the County Commissioners by a vote of 2 to 1.
There was no concrete legal reason for the County Commissioners to deny the application.
A motion to adjourn was made by Dan Koch, seconded by Judy Goldsby. The motion carried 7 — 0. The
meeting was adjourned at 7:00 pm.
Respectfully submitted,
Cheryll Lund, Secretary
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CITY OF LAUREL, MONTANA U
CITY - COUNTY PLANNING BOARD OCT 3 1 2011
APPLICATION FOR VARIANCE J
5550 for residential variance CITY OF LAUREL
51,100 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: L , �(p f j� b fQ 4n, P-,d n 6-; 6 O
2. Street address and general location: 36 iD 1.)-) S �--
3. Present zone classification:
4. Requested variance /appeal:
5. Attach site plan showing ingress /egress, off - street parking, existing building loctions (use
solid lines), proposed building additions (use dashed lines), and other information
relevant to the variance.
6. Recorded Owners(s): cry-" S 4 6ti P .\
Address: ;6. 2)(3-4 81
Telephone: S (D6 ,6 - 08s
Agent(s):
Address:
Telephone:
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 applicantt`!_ _ ,L
Date of submittal: 16 3 /-//
Heidi Jensen
City Planner
P.O. Box 10
Laurel, MT 59044
Dear Heidi,
Thomas and I have submitted a variance for the property of 306 12 Street W. in Laurel
for moving our Manufactured home onto the property. This home was built in June 2006.
We have owned the land since 1996.
The property is already in a residential area and would not cause an unjust invasion of the
right of the property. The house would be put on a solid foundation and is a stick built
home with extra thick walls, house windows, vinyl siding, and an asphalt roof.
We have already poured a pad for a garage some years ago and was stopped as a
residence needed to be included in the build. That residence is ready to be placed onto
this property and the garage would be built shortly thereafter.
We have been trying to improve this piece of land for many years now and have tried to
work with the City Planners to get this done. We want to reside in the Laurel area again
and have no other property to move our home to since the ranch we leased has been sold.
We have looked at purchasing other property, but would like to improve the property we
already own instead.
This would enhance the neighborhood by making use of a vacant lot. Add revenue to the
tax base as we would need to join the city, get sewer and water to the property, and
improve the maintenance of the grounds. Once finished this home would appraise in the
same or higher value as the neighboring properties.
Sincerel ,
Thomas and Shelly Haidle
306 West 12th St.
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Heidi Jensen, Laurel Planner
RE: Variance for 306 12 Street West
HEARING
DATE: December 1, 2011
DESCRIPTION /LOCATION:
The Haidle's submitted a variance to allow the property commonly known as 306 12 Street
West, Laurel, MT to allow for a manufactured /mobile home. The property is in the
extraterritorial, or the one mile zoning jurisdiction around the City of Laurel and zoned R -7500.
The one mile is zoned by the City and all matters in the mile are determined by the City- County
Planning Board and City Council. The extraterritorial R -7500 allows for modular homes, but not
manufactured /mobile homes. The request is being made after the Haidle's purchased a 2006
manufactured /mobile home they would like to move onto the lot.
The property is located in an area currently zoned R -7500 and the variance requested
would allow for the Haidle's mobile home to be placed on the lot. Should the home be moved,
burnt or destroyed by other acts of natural disaster a mobile home would not be allowed to be
placed back on the lot. The legal address of the property is Laurmac Subdivision Amendment
Block 2 Lot 6, Yellowstone County, Montana.
STAFF FINDINGS:
1. The property owner has submitted a variance to "...place a home built in June 2006 `on
the' land they have owned since 1996. The manufactured home approximately 2280
square feet in size and would have an unattached garage of approximately 1120 square
feet.
2. The attached exhibits are copies of the variance application request, dimension drawing,
and a letter from the Haidle's explaining their need for the variance.
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 have been notified by certified mail of the Planning Board and Council hearings
more than 15 days prior to their scheduled dates.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission considered 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 zone change /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 Laurel City- County Planning Board makes findings from the above requirements and
recommends approval of the land use variance, the following conditions are suggested:
1. Applicant shall apply for a building permit and comply with all department requirements
before placing the home on the property.
2. Applicant shall perform normal upkeep and maintenance of the premises to maintain a
neat and tidy appearance, and control for noxious weeds.
3. This variance shall only be applicable for as long as this mobile resides on the lot. Any
removal, fire or other natural disaster voids the variance and the Tots must be reviewed
with residential tract zoning regulations.
4. The owner shall annex the property into the City of Laurel and connect to City water
and sewer services.
Laurel City- County Planning Board D l @ v
115 West First Street NOV 2 3 2011
Laurel, Montana, 59044
CITY OF LAUREL
Laurel City /County Board,
I received a public hearing notice for a variance on a lot located at 306 West 12h Street Laurel,
Montana. The first hearing is to be held on December 1, 2011. I will be out of town and wish to make a
public comment for the record.
I would not be in favor of allowing a variance to allow a mobile to be placed on the lot being considered.
All of 12 Street west is a residential area with stick built homes on the street. I think it could devalue
the existing homes if a variance were allowed. I own three properties on this street as follows:
226 West 12
206 West 12
308 West 12
L and L Investments Inc.
Alan Lees
t
President
COPY
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