HomeMy WebLinkAboutCity/County Planning Board Minutes 09.09.1994~,.
MINUTES
CITY-COUNTY PLANNING BOARD
SEPTEMBER 9, 1994 7:00 P.M.
COUNCIL CHAMBERS
The meeting of the Laurel City-County Planning Board was
brought to order at 7:00 p.m. with the following members present:
John Hawley Smith, Chairman
Gerald Shay, Member at Large
Billielou Lance, County Rep.
Jim Ziegler, County Rep.
Don Gudgell, County Rep.
Clarence Foos, County Rep.
Chuck Dickerson, City Rep. (arrived at 7:20 pm)
OTHERS PRESENT: Cal Cumin, City Planner
Cheryll Lund, City Secretary
Debra McGrath, 315 E. 4th
Deanna Riesinger, 201 West Avenue
Jim Logan, Yellowstone County Surveyor
Motion of Billielou Lance, seconded by Jim Ziegler, to approve
the minutes of the August 9, 1994 meeting. Motion carried.
Motion by Billielou Lance, seconded by Don Gudgell, to
approve the bill of $200 for administrative services in September.
Motion carried.
Home Occupation- Deanna Riesinger- 201 West Avenue- Herbs.
She is a reflexologist that sells herbs for alternative medical
treatment.
In checking with the City Treasurer she was told she would need to
apply for a home occupation and a business license.
She does treat people at her home, but last year she had one
customer that came to her home only one day per week.
Question is raised, by Gerald Shay, on letting someone have
customers coming to their home. Even tho she only has 1 or 2
customer's at this time, she could open that up to a larger
amount, without the City's knowledge. Would we be setting a
precedence by allowing this, even on such a small level?
Cal recommends that we recommend approval of this home occupation,
subject to no traffic coming to her house.
1
~.
Motion by Billielou Lance, seconded by Clarence Foos, that we
recommend approval of this home occupation for Deanna Riesinger,
subject to no traffic coming to her home. Motion carried 6--0.
Home Occupation- Debra McGrath- Home Tutorinq_
Debra McGrath of 315 E. 4th Street has applied for a home
occupation for home tutoring and resume' writing at her home.
She will spend about 10 hours per week tutoring kids. She only has
one student prospect lined up at this time, and because she has a
full time teaching job she would like to keep the hours limited to
to per week.
This home occupation dges meet city codes.
Motion by Billielou Lance, seconded by Gerald Shay, to
recommend approval of the home occupation for Debra McGrath.
Motion carried 6--0.
COUNTY ROADS
Jim Logan, the County Surveyor was present at the meeting to
address questions that the Board has been asking concerning county
road maintenance, ingress and egress, signage and culverts.
Question on the resurfacing of Airport Road. When can we expect to
have it done?
Jim Logan states that his office has a list of roads in the order
that they will be done. He does not know where Airport Road is on
that list.
He went on to say that there are several ways that they prioritize
which roads get done and when. There are many variables that make
up the prioritization.
Traffic volume makes up 30% of the priority, surface condition
accounts for 33% and actual road condition accounts for 33%.
Mr. Logan questions whether or not Laurel has any traffic counts
(a.d.t.'s) on any of the roads in and around Laurel. If we do have
counts or if we are willing to do counts then he will make sure
those counts get put into the statistics for prioritization. He
also stated that he is open to any input the City of Laurel has on
what roads we would like to have done, and in what order.
Don Gudgell commented on the ditches that are put along the Airport
Road and the deterioration they cause to the road. Who is
responsible for the monetary part of the repair?
Mr. Logan states that there is somewhat of a problem in finding out
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when the ditches have been placed and who did the placing.
When the original subdivision agreements are signed, the ditch
company has, in the past, not been a part of that agreement. His
office has been working at trying to involve the ditch companies by
writing letters to inform them of any new subdivisions and their
agreements and possibly having the ditch company sign a third party
agreement. Right now Mr. Logan's office does not have a clear
direction of what authority they have over the ditch companies.
Question on bridge replacement and repairs. Mr. Logan states that
bridge repair and replacement are also categorized and prioritized.
They rate them on a system of 100-0. A 100 is a new bridge and a
0 is a bridge that is not useable. They categorize them in 3
categories. 80-100 is~a bridge that is in good shape and needs
just general maintenance. 50-80 is a bridge that is in need of
major rehabilitation. 0-50 is a bridge that needs full
replacement. All bridges are inspected every 2 years.
Question on a bridge (cannot make out which bridge from the tape)
close to Don Gudgell's property. Mr. Logan states that that bridge
is a state inspected bridge and rated at 50. They had applied for
some state money to help with repairs, but the request-was turned
down. Because the funding has been allocated to 2D02, Mr. Logan
states that unless things change on the bridge itself, he expects
it won't be until 2002, or later, that the bridge is repaired.
Conditions and priorities can change, however, due to the
continued deterioration of a bridge.
Mr. Logan will send us a copy o£ the bridge replacement/maintenance
list which lists every bridge in Yellowstone County.
Question on when maintenance will begin on Airport Road, from 72nd.
Chuck Dickerson states that he went to Mr. Logan 2 years ago and
asked when it was going to be repaired/repaved, and maintained. He
was told at that time that the roads were being prioritized. He
was also told we might be looking at a couple of years before it
was done.
He also questions why there are no sufficient stripping lines on
Airport Road. He is questioning why Danford and Neibauer Roads
were paved when they don't get the traffic that Airport Road does.
He is wondering what is in store for Airport Road?
Again Mr. Logan states that he does not know where Airport Road
lies on the priority list. He states that if we have a.d.t.
numbers (traffic counts) that vary from what the County has, then
the County would like to get them.
Mr. Logan also states that Pryor Road took 2 million dollars to
repair, and the budget for the entire county was 2.3 million. So,
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sometimes money to complete a project is not available.
Chuck Dickerson questions Mr. Logan on W.12th Street, which is
within the City limits. He has been told by the City that he needs
to contact the County if he wants the road striped.
He is told by Mr. Logan that the City needs to contact him on this
matter. It may be that they can do a 50/50 split or a 25/75 to get
it done.
Question on culverts put along Airport Road.
Mr. Logan stated that much of the new construction going on on the
roads around Laurel is not reported to them and sometimes by the
time they find out about the new construction it is too late to do
anything. But, before anyone puts in a culvert they need to
contact the County Surveyor's office.
Cal states that this is due to the fact that you do not need a
building permit outside the City of Laurel. Laurel doesn't have
the capabilities of enough inspectors to do the outlying area
inspections that go along with the building permits.
Question on how to get signage for the Laurel Airport? Jim Logan
states that that type of sign is a guide sign. He states that the
county doesn't want to get into doing many guide signs. They do
not have sign personnel to put them up. But, he states that Cal
should contact Ed Afadahl at the County Surveyor's office.
He would like a guide map made of where we would like to have guide
signs for the airport put up. That would make it easier for the
Surveyor's office.
Question on access to Airport Road for new construction. Mr. Logan
states that contractors or property owners do need to obtain an
ingress/egress permit to put an access on all roads. His office is
trying to keep access roads off of well traveled roads just as much
as they possibly can.
Question on the filling of the potholes on River Road. Billielou
Lance states that the repairs are not holding this year. They have
never had any trouble with the repairs in the past.
Mr. Logan states that the summer help they had this year was not
trained right in filling in those holes and they have plans to re-
fill them as soon as they can.
Mr. Logan will send a list of the
priority list of repairing. He
roads that are on the list come
affects the priority listing.
roads and where they stand on the
pointed out that sometimes the
up with new problems, and this
4
He would like us to classify and prioritize our roads and send him
the information.
Mr. Logan stated that the striping contracts are being drawn up
right now and that Airport Road should be done.
Vacating Streets and Allevs.
A question was raised at the City Council meeting a few months ago
as to whether or not we should require payment for vacated streets
and alleys.
Right now there is a non-refundable fee of $100 that is paid to the
city for the paperwork involved. But the last person that tried to
obtain a vacated alley was turned down because the Council was
unsure whether or not they should "give away" land.
Cal has drawn up a couple of ideas on wording for an Ordinance
involving the vacating of streets and alleys, and payment.
The wording of this ordinance would allow the council an option of
deciding whether or not to take money for a particular alley or
street.
Chuck Dickerson states that he likes the wording of the "Alternate"
because it makes it the same for anyone wanting to vacate a street
or alley.
Gerald Shay states that he has a problem with taking money for land
that the City took to begin with, when the subdivision was
established.
Motion by Chuck Dickerson, seconded by Sillielou Lance, that
we recommend to the City council to begin proceedings at the
October 4, 1994 meeting to adopt an Ordinance for the application
for the Vacation of Streets and Alleys to read "If the parcel to be
vacated exceeds in size that of a normal street or alley right-of-
way, the City shall require payment for the land to be vacated.
Such payment shall be based on a value established by a duly
licensed land appraiser or by two Montana licensed real estate
brokers familiar with Laurel land values. Such payment shall be in
addition to the non-refundable review fee and shall be deposited in
the City General Fund. Motion carried.
Proposed Change to Home Occupation Application- And Instigating a
Fee•
Cal proposed a change to the application for home occupation- #8.
He would like to change it to read:
#S. Attach a list of the names, addresses, and telephone
numbers of all residents living on property within one
hundred (100) feet of your property line. This includes
property across the street or alley from your property.
5
Include on that list the property resident's signature
indicating the resident has received a copy of this
application and an indication of support or opposition to
this home occupation. Use the following format:
1. Support/Oppose
Printed name Address Phone Signature (circle one)
If this information is inaccurate or incomplete, it is grounds for
denial of this request.
Cal feels we need this change due to the number of applications we
see per year. He would feel better, and so would the Planning
Board members, if they knew that the neighbors have been contacted
and made aware of the proposed home occupation. On about 90~ of
the applications turned in, #8 is not filled in. He also feels
that if #8 is not filled in, then we should not consider the
application.
A discussion was held on whether or not we should require a $25 fee
for home occupation applications. Cal feels that the paperwork
involved in processing a home occupation, is enough to justify a
fee. There are times when the paperwork is processed and the
applicant does not show up to the meeting. Then the paperwork
shuffle begins again for the next month's meeting. It is felt that
a fee is required the applicant may be more prone to attend the
scheduled meeting.
On the application we will add the fee of $25 as paragraph #9, to
read as follows:
9. A fee of $25, to cover the cost of administration, must
accompany this application before it will be accepted for
processing.
A question was raised on where the $25 fee will go to, within the
City budget. The board feels that the fee should go to the
Planning Board because they are the ones doing the first review of
the application.
Motion by Don Gudgell, seconded by Clarence Foos, that a
recommendation be sent to the City Council to change #8 on the home
occupation application, and add #9 to the application to instigate
a $25 fee and that the fee money be put into the Planning Board's
budget. This would be done at the October 4, 1994 meeting. Motion
carried.
Cal stated that Clarence Foos needs to be re-appointed to the
Board. this is done by the County Office.
Motion by Billielou Lance, seconded by Don Gudgell, to appoint
6
Gerald Shay to member-at-large for a 2 year term. Motion carried.
Motion by Don Gudgell, seconded by Billielou Lance, to adjourn
the meeting. Motion carried.
The meeting was adjourned at 8:30 p.m.
Respectfully submitted,
Cheryll Lund, Secretary
7
LAUREL-YELLOWSTONE
CITY--COUNTY PLANNING BOARD
LAUREL, MONTANA 59044
WHEREAS, an application for Home Occupation was filed with the
City by on the me day of A-U s?
1994, and a copy of the application is attached hereto:
WHEREAS, the matter having come before the Laurel City-County
Planning Board for recommendation;
WHEREAS, the Planning board, after full consideration of the
application at its regular meeting of 199q it
was moved by ,La/7(2, and seconded by _ 2a
that the Planning Board recommend to the City Council that the
application be rante denied, and that said motion was
passed/defeated by a vote of in favor and opposed
(MCA Section 76-1-304) requiring the concurrence of at least six
board members to take any official action).
Therefore, the Laurel City Council is hereby informed that the
Planning Board recommends that the application for Home Occupation
by ,[ ?iZ?7/TGL R1e5 ii'1c .1-- be:
Granted, subject to the following special conditions:
? r ?7G 7`7 2?
- he
10 47-K fL cL/eGCS?rr?ers e,Lil?71r75 7
Denied.
Dated this day of ?SPr7'? 199.
-1 ?'? , ?" ing oard hL.-
Pla irman
0
CITY OF LAUREL
HOME OCCUPATION REQUEST FORM
Date_
J
Name ?-c C ?.? c cJ
Address 2 Q Z bL] . _ ? L
Phone_ L c _ h _?2r --
Descri tion of proposed home occupation:
Please answer the following questions by indicating yes or no. If
your response is yes, please explain.
1. Will any person other than a member of the immediate family
occupying the dwelling be employed, except domestic help?
2. Will any stock in trade be displayed or sold upon
premises?
3. Will the character of the principal building be altered from
that of a dwelling?
4. Will any illuminated signs be used?
(Information) Law dictates that no sign other than one giving the
name and occupation, and not more than one square foot in area be
displayed.
5. Will more than 25 percent of the area of one story of the
building be devoted to the home occupation?
6. Will any equipment be used in the home occupation which creates
noise, vibration, glare, fumes, odors, or electrical interference?
.. a -
7. Will any equipment or process be used which creates visual or
audible interference in any radio or television receivers off the
premises? A-Im
8. Attach a list of the names and addresses of all adjacent
property residents within one hundred (100) feet of the subject
property of this application. Have these adjacent residents been
notified of the planned Home Occupation? ?e If so, how?
0
INFORMATION
Home Occupations are deemed to be site specific and owner specific.
Thus, the use of a portion of a structure as a home occupation will
not permit a subsequent owner an automatic home occupation
designation.
PROCEDURE
1. Complete home occupation request form and submit it to the
City seven (7) working days prior to a regular scheduled
meeting of the Planning Board.
2. The Planning Board will consider the request at their
regularly scheduled meeting. Attendance at this meeting
is required by the applicant or his/her representative.
3. The Planning Board will make a recommendation to the City
Council that the specific request for a home occupation
designation be granted or denied.
4. The City Council will consider the Planning Board's recom-
mendation concerning the specific home occupation desig-
nation and approve or deny it at their next regularly sch-
eduled meeting. Attendance by the applicant or his/her re-
presentative is required at this meeting.
SKETCH
C
1. In the space below, please provide a rough sketch with
basic dimensions showing the locations of your business in
your home in relation to the other areas in your home. In-
any storage area the business may require.
•? ? r{ ,i/?ur-/ r ICJ r
? L LL
'I .
LAUREL-YELLOWSTONE
CITY-COUNTY PLANNING BOARD
LAUREL, MONTANA 59044
WHEREAS, an application for Home Occupation was filed with the
City by 1?; on the Ids day of t- ,
199, and a copy of the application is attached hereto:
WHEREAS, the matter having come before the Laurel City--County
Planning Board for recommendation;
WHEREAS, the Planning board, after full consideration of the
application at its regular meeting of Abe a- 9,IH`l`/ it
was moved by &u&-_ II and seconded by
` ,
that the Planning Board recommend to the City Council that the
application be ant '/denied, and that said motion was
passed/defeated by a vote of G in favor and G opposed
(MCA Section 76-1-304) requiring the concurrence of at least six
board members to take any official action).
Therefore, the Laurel City Council is hereby informed that the
Planning Board recommends that the application for Home Occupation
bye--e' r W C 1 be:
Granted, subject to the following special conditions:
Denied.
Dated this ' day of 199 _
Plann ng rd C a'rman
0
CITY OF LAUREL
' HOME OCCUPATION REQUEST FORM
1
Date Name D a dS rC4 f V I
Addre s s q4 V7
Phone Cad - c?
4150
i ce ,
Please ariswer the' following questions
your response is yes, please explain.
by indicating yes or no. If
1. Will any person other than a member of the immediate family
occupying the dwelling be employed, except domestic help?
1y
2. Will a y stock in trade be displayed or sold upon
premises?- 1VQ
0 3. Will the character f the principal building be altered from
that of a dwelling? r?
4. Will any illuminated signs be used? to
(Information) Law dictates that no sign other than one giving the
name and occupation, and not more than one square foot in area be
displayed.
5. Will more than 25 percent of the area of one story of the
building be devoted to the home occupation? "U
6. Will any equipment be used in the home occupation which creates
noisy, vibration, glare, fumes, odors, or electrical interference?
7. Will any equipment or process be used which creates visual or
audible inte ference in any radio or television receivers off the
premises?
8. Attach a list of the names and addresses of all adjacent
property residents within one hundred (100) feet of the subject
property of this application. Have these adjacent residents been
notified of the planned Home Occupation? If so, how? er a l
7
4l/(,) pe n lilahla rte-,
iro2e/ie- aun
Y b ???G n? C?o? 11 ?c/C e.5
Description of proposed home occupation:
INFORMATION
Home Occupations are deemed to be site specific and owner specific.
Thus, the use of a portion of a structure as a home occupation will
not permit a subsequent owner an automatic home occupation
designation.
PROCEDURE
1. Complete home occupation request form and submit it to the
City seven (7) working days prior to a regular scheduled
meeting of the Planning Board.
2. The Planning Board will consider the request at their
regularly scheduled meeting. Attendance at this meeting
is required by the applicant or his/her representative.
3. The Planning Board will make a recommendation to the City
Council that the specific request for a home occupation
designation be granted or denied.
4. The City Council will consider the Planning Board's recom-
mendation concerning the specific home occupation desig-
nation and approve or deny it at their next regularly sch-
eduled meeting. Attendance by the applicant or his/her re-
presentative is required at this meeting.
SKETCH
1. In the space below, please provide a rough sketch with
basic dimensions showing the locations. of your business in
your home in relation to the other areas in your home. In-
any storage area the business may require.
f1
i'
r
i
tle 4e., ?or
4 7' 4,
C'ie'? lei
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