HomeMy WebLinkAboutCity/County Planning Board Minutes 05.03.2012 MINUTES
LAUREL CITY- COUNTY PLANNING BOARD
MAY 3, 2012 6:00 PM
COUNCIL CHAMBERS
PRESENT: Dan Koch, City Rep.
Dick Fritzler, County Rep.
Judy Goldsby, County Rep.
Don Brown, City Rep.
John VanAken, County Rep.
Greg Nelson, City Rep.
Kathy Siegrist, Chairman
OTHERS PRESENT: Monica Plecker, City Planner
CALL TO ORDER: The meeting was called to order by Chairman Siegrist at 6:00 pm.
ROLL CALL: Koch, Fritzler, Goldsby, Brown, VanAken, Nelson and Siegrist were present
NON AGENDA TOPICS: None.
MINUTES: A motion was made by Judy Goldsby, seconded by Dick Fritzler to accept the minutes of the
April 5, 2012 meeting as written.
NEW BUSINESS: None.
OLD BUSINESS: Continuation of board discussion on the variance request from Sam Robertus for
property located at E. 11 Street between Montana and Colorado.
Monica sent out an updated staff report and an aerial map of the property illustrating the locations of
the right -of -way, ditch, Nutting Drain, sewer line and water valve.
Also included in the packet was a letter from the Fire Department addressing the access issue and
International Fire Code specifications required for the fire department to provide fire protection. The
property does meet the specifications required by the Fire Department to provide emergency services.
Monica passed around a letter she just recently received from Sam Robertus and gave the board a few
minutes to review the letter.
Monica asked the board to turn to her Updated staff report regarding further findings for the variance
application.
STAFF REPORT UPDATE:
On April 5, 2012 the Planning Board voted to delay action on the Robertus variance for 30 days which
gave Monica some time to address questions that came up during that meeting.
Further Staff Findings:
1. The alley located to the west of Mr. Robertus' property is 20' wide; East 11th to the north is a
100' right of way and Colorado to the east is a 30' right of way.
2. If the alley were to serve as primary access, all international fire codes are met, therefore
adequate fire and safety services can be provided. (See attached memo from Fire Marshall Gary Colley).
3. Staff research concludes that the City purchased and owns an easement where East 11th is
platted and the Nutting Drain is located.
4. An off street bike and pedestrian path is planned to run adjacent to the north edge of Mr.
Robertus' property (within the 100' easement). There are no fire access issues related to using the alley.
5. The attached exhibits are copies of the variance application request, dimension drawing, and a
letter from Mr. Robertus explaining the need for the variance. Also included is a memorandum on behalf
of the Public Works Department, Laurel Fire Department and an aerial map of the property.
Monica reminded the board that this variance is strictly an access issue. It's not dealing with the street
or an SID. It is strictly about "can an alley serve as a primary access ". She asked the board to keep that
in mind as they ask questions.
Board Discussion:
Dan Koch asked how the Woodland Avenue property was granted access through the alley and how the
addresses of that property were given without giving each dwelling a %2 address.
Monica stated that was done before her time but the access was proposed on the site plan and there
was no variance applied for. She stated that Sam Robertus' property will be given an address by Gary
Colley and it also will not require a 1/2 address. The address will be an E. 11 Street address even though
the street is not completed. The street is platted as a through street. She stated that addressing the
property is not an issue.
Brad Woods was in the audience as a representative for Sam Robertus. Sam is out of town for his job.
Brad is the interested buyer of the property.
John VanAken said that supposedly the house is going to face E. 11 Street. He questioned if the owner
will have to get an easement to place his driveway in the alley.
Monica stated that in her conversations with City Public Works there are no concerns with a driveway to
the garage off of the alley. But it cannot be considered the primary access.
There was some confusion on the easement on the front of the property.
The easement on the front is where the City street (and possible city services) is to be located. The
easement makes up part of the street. The easement out front is 100' and the street, sidewalk, curb and
gutter is included in that 100'.
Judy Goldsby made a motion to recommend approval of Sam Robertus' variance to the Laurel City
Council subject to the following conditions in the staff report:
1. The variance shall be good for 3 years from approval on unimproved property;
2. The applicant shall apply for a building permit;
3. Property shall be kept free of noxious weeds;
4. The owner shall comply with Public Works Standards for connection and
improvements to the city water and sewer services; and
5. All storm water must be kept on site.
The motion was seconded by John VanAken.
Chairman Siegrist recommended that the board give reasons for support of this variance keeping in
mind Laurel Municipal Code (LMC) 17.60.020 as follows:
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.
Dick Fritzler stated that it is concerning to him that the complex on S. 5 and Woodland was not
required to put in curb, gutter and sidewalk because when the permit was issued by the City Building
Department things were not made perfectly clear to the property owners.
Dick Fritzler made an amendment to the motion to recommend approval of Sam Robertus' variance to
the Laurel City Council with the addition of the following requirements:
1. That the house will face north towards E. 11 Street in a normal fashion ;
2. This variance is only approved with the 30' easement that Sam Robertus' offered in
his letter dated April 26, 2012; and,
3. That it be made perfectly clear during the permitting process, to whomever
purchases the lot, that the City intends to build E. 11 Street in the future and the
owner of the lot /house will participate in an SID.
The amended motion was seconded by John VanAken.
At this time the board went through LMC 17.60.020 conditions:
1. Unless the denial would constitute an unnecessary and unjust invasion of the
right of property. (The board determined this does not apply)
2. Unless the grant relates to a condition or situation special and peculiar to the
applicant. (The board feels that the 30' easement that Sam Robertus
suggested makes this a special situation)
3. Unless the basis is something more than mere financial loss to the owner. (The
board agrees this is a mere financial loss to the owner)
4. Unless the hardship was created by someone other than the owner. (The board
agrees there was a hardship created by a previous owner but Sam Robertus'
knew there was a risk involved in purchasing this property)
5. Unless the variance would be within the spirit, intent, purpose, and general plan
of this title. (The Board agrees this is true)
6. Unless the variance would not affect adversely or injure or result in injustice to
others. (The Board does not feel this to be true)
7. Ordinarily unless the applicant owned the property prior to the enactment of
this title or amendment. (The Board does not feel this to be true)
Chairman Siegrist asked if approval of this variance will set a precedent for future developers. She asked
if there were other people waiting to ask for the same thing.
Monica stated that the 2 lots directly to the north of Sam Robertus' property could be facing the same
issue in the future because both properties currently do not have accesses other than through an alley.
Dick Fritzler questioned whether this would set a precedent for others.
After a discussion it was decided that because of Sam Robertus' offer of a 30' easement which applies to
17.60.020 (1)(2) "unless the grant relates to a condition or situation special and peculiar to the
applicant" that recommending approval of the variance will not set a precedent. Any other builder or
owner of a property is required to go through their own variance review and it will be reviewed under
the same 7 requirements of LMC 17.60.020. Each variance is reviewed under their own particular
circumstances.
The vote was called for on the amendment to the motion and was approved by a vote of 6 -0.
The vote was called for on the 1 motion and was approved by a vote of 6 -0.
Miscellaneous: Growth Management Plan Update
Monica stated that the GMP committee is continuing to meet regularly. They had a healthy discussion
on the Natural Resources Chapter which is basically what natural barriers there are to developments.
The next chapter they will be working on is demographics. They will not meet until June. They are
slowly but surely working on updating the GMP and she will continue to keep the board updated on
their progress.
Miscellaneous: Potential Next Meeting: June 7, 2012.
At this time it is unknown if there is a need to have a June 7, 2012. Information will be forthcoming.
Monica reminded John VanAken, Judy Goldsby and Lee Richardson that their terms on the board are up
on June 30, 2012 and invited them to re -apply prior to the May 10, 2012 deadline.
A motion was made by Dan Koch, seconded by Judy Goldsby to adjourn the meeting. The meeting was
adjourned at 6:40 pm.
Respectfully submitted, oeu-4
Ch ee l�ec reta
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LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT — May 3, 2012
TO: Laurel City- County Planning Board
FROM: Monica Plecker, City Planner
RE: Variance for E 11 & Montana Ave.
HEARING
DATE: April 5, 2012
May 15, 2012
DESCRIPTION /LOCATION:
Sam Robertus submitted an application for a variance requesting his property off of East 11 Street and
Montana Avenue known as Mountain View to be built upon without completing street improvements
on 150' of East 11 Street which abuts the north edge of the property. This will require the alley to act
as the primary access to the property.
The property is currently zoned R7500.
STAFF FINDINGS:
1. The property owner has submitted a variance asking for the lot to be "built upon without
completing the 150' of East 11th Street on the north edge" of the property, therefore, the
alley will act as the primary access for the property.
2. Typical improvements to an undeveloped street include water and sewer lines, curb,
gutter and road improvements needed to serve the newly constructed building. See
attached memorandum from Public Works.
3. LMC 17.08.080 states an "alley means a public way which affords only secondary access to
abutting property."
4. The property was annexed into the City in 2005. The adjacent public right -of -ways were
not included in the annexation but should have been as the original resolution refers to
MCA 7 -2 -42. This regulation requires the municipality to include the full width of any
public streets or roads, including rights -of -way that are adjacent to the property being
annexed. To correct the oversight, an amended resolution will go before council on April
17, 2012 to specify the rights -of -way that are to be annexed with the property.
5. The previous property owner signed a waiver of protest for the City to form a special
improvement district, therefore, Mr. Robertus does not need to offer a waiver of protest.
6. The 2003 Bicycle- Pedestrian Plan identifies a proposed off - street trail which follows the
portion of the Nutting Drain adjacent to Mr. Robertus' property.
7. The attached exhibits are copies of the variance application request, dimension drawing,
and a letter from Mr. Robertus explaining the need for the variance. Also included is a
memorandum on behalf of the Public Works Department.
8. 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.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and make 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. The variance shall be good for 3 years from approval on unimproved property.
2. The applicant shall apply for a building permit.
3. Property shall be kept free of noxious weeds.
4. The owner shall comply with Public Works Standards for connection and improvements
to city water and sewer services.
5. All stormwater must be kept on site.
STAFF REPORT UPDATE:
On April 5, the Planning Board voted to delay action for 30 days.
Further Staff Findings:
1. The alley located to the west of Mr. Robertus' property is 20', East 11 to the north is a
100' right of way and Colorado to the east is a 30' right of way.
2. If the alley were to serve as primary access, all international fire codes are met
therefore, adequate fire and safety services can be provided. See attached memo.
3. Staff research concludes that the City owns an easement where East 11 is platted.
4. An off street bike and pedestrian path is planned to run adjacent to the north edge of
Mr. Robertus' property. There are no fire access issues related to using the alley.
5. The attached exhibits are copies of the variance application request, dimension drawing,
and a letter from Mr. Robertus explaining the need for the variance. Also included is a
memorandum on behalf of the Public Works Department, Laurel Fire Department and
an aerial map of the property.
3
Robertus Properties LLC April 26, 2012
Sam Robertus
1318 Pennsylvania Ave.
Laurel, MT 59044
February 26, 2012
Monica Plecker
City Planner
City of Laurel
115 West 1 Street
Laurel, MT 59044
Dear Ms. Plecker,
In light of the comments that were expressed at the April 5th public hearing on the access
variance request for our property on Mountain View and east 11 the following idea may
be something for us all to consider.
In an effort to try and eliminate the land lock and street issues that were expressed,
specifically by Mr. Metzger, I feel there may be value in an easement granted by us to the
City of Laurel. If we were to grant 30' of our east property line, where the property is
widest, in an easement to the City of Laurel it could perhaps make it possible to move the
now platted Colorado Avenue 30' east and run it through with less obstruction of
buildings, namely Metzger's.
I feel this could be a terrific asset to the City for future growth and allow a quicker
alternative, or remedy, for access to our lot if granted the variance for the time being.
Also to inform you, I will be unable to attend the May 3 City / County planning meeting
as I will be out of town. Brad Wood will be attending in my place to try to answer any
questions.
I appreciate your consideration and if you have any questions feel free to contact me
@855 -2875.
Since ly,
Sam Robertus
Robertus Properties LLC
LAUREL FIRE DEPARTMENT
Brent Peters — Fire Chief 215 West 1 Street
Gary Colley — Fire Marshal — Laurel, Montana 59044
(406) 628-4911
April 9, 2012
To: Monica Plecker, City Planner
From: Gary Colley, Fire Marshal
RE: Access road to Robertus Properties at 208 East 11 Street
The access road to Robertus Properties at 208 East 11 Street (COS 2039, Parcel Al) shall be as
follows per International Fire Code:
1. Not less than twenty (20) feet in width (IFC 503.2.1)
2. Extend to within 150 feet of all portions of the building (IFC 503.1.1)
3. Of all weather surface (IFC 503.2.3)
4. Dead ends in excess of 150 feet in length shall be provided with an approved are for
turning around (IFC 503.2.5)
If the property meets the above specifications the fire department shall provide fire protection to
the structure(s).
AL,
c4A,
"Serving Laurel Since 1909"
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