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HomeMy WebLinkAboutCity/County Planning Board Minutes 08.12.1993 MINUTES CITY-COUNTY PLANNING BOARD AUGUST 12, 1993 6:00 P.M. CITY HALL MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Jim Ziegler, County Rep. Billielou Lance, County Rep. Lonnie Kellogg, City Rep. Gerald Shay, Member at Large Donald Gudgell, County Rep. Clarence Foos, County Rep. Joe Bradley, City Rep. Donna Kilpatrick, City Rep. John Hawley Smith, Chairman Larry Thomas, City Rep. Cal Cumin, City Planner Cheryll Lund, City Secretary Scott Kotterba, McGee & Company Mike Cantrell, Rep. for Juanita Cantrell Gary Temple, 101 E. Main Merle Cherry, 1231 5th Avenue HOME OCCUPATION- MERLE CHERRY, 1231 4TH AVENUE Merle Cherry has applied for a home occupation for 1231 4th Avenue. Merle has lived at 1231 5th Avenue for 23 years and has also been a contractor working in Laurel for the same amount of years. He has kept his work tools and equipment at his home at t231 5th Avenue during that time. He recently purchased an acre of land just east of his house, address being 1231 4th Avenue, with the idea of putting a storage (pole-type) building up to keep his equipment in and to store tools in with the idea of building a house in the very near future. He had planned to have the house built by this fall, but has been unable to do so due to his heavy work load. He does plan to do some work in the storage building, such as make cabinets, which is what he has been doing for 23 years at his address of 1231 5th Avenue. Before Merle built the storage building he went to his closest neighbor and told him what he intended to do. The neighbor told Merle that he had no problem with the plans, so Merle began building the storage shed. Part way through the building of it, he received a letter from the City stating that he could not build a storage building in RE 20,000 zone without a residence first being built. He then stopped building the storage building until he got this problem talked over with the City. Upon talking with the City he was told that they had received a complaint from a neighbor regarding the building of the storage building, and that he could not build the storage building before the residence. Merle was just trying to be a good neighbor by building a storage building to put his equipment in. He could park the equipment on the street, but instead he chooses to put it inside for the sake of keeping the equipment out of the weather, and for removing it from the sight of his neighbors. Cal states that the problem with this is the equipment that he stores. The residential zoning does not allow that under any conditions, as they are not residential uses. Merle stated that he has stored his equipment at his old address for 23 years. Cal states that he is grandfathered in to be able to do that at his address on 5th Avenue. The storage building is 28 ft. by 72 ft. with 10 foot walls, which is lower than a 2 story house is. The land it is sitting on is a 1 acre lot. Cal asked Merle when he plans on having the residence built at 1231 4th Avenue? Merle states that he would like to have about 16 months, which Cal then put a date of Jan. 1, 1995 on. Motion by Joe Bradley, seconded by Donna Kilpatrick, that the Board recommend to the City Council that the Home Occupation be granted,~ effective immediately, to allow him to run his contractor's business out of the house at 1231 4th Avenue, provided that he take occupancy in the residence (to be built) by January 1, 1995, and that he be allowed to store equipment in the storage building, limited to a 1-ton truck, a 1 1/2-ton truck, and a Bobcat Skid Loader. Motion carried unanimously. MINOR PLAT- SHAWN ESTATES- JI3ANITA CANTRELL Scott Kotterba, of McGee and Company, appeared as the representative of Juanita Cantrell for the Minor Plat application for Shawn Estates, located at Golf Course Road and W. Maryland Lane. This plat consists of 5 lots, one 2-acre lot, and four 1-acre lots. Cal stated that the County Surveyor sent his recommendation~ of what the County requires for this minor plat, and the utility companies also sent recommendations. Cal recommends approval subject to the compliance of what the county and the utility companies are recommending, plus the Board needs an appraisal of what the park land money will be. Motion by Billielou Lanue, seconded by Donald ~udgell, that the Board recommend approval of the Shawn Estates Minor plat. Motion carried unanimously. The bills for administrative services for July and August 1993 for $400.00 ($200.00 per month) were approved for payment. Motion carried. The minutes for the July 1993 meeting were reviewed and approved. Motion carried. The meeting was adjourned at 6:55 p.m. Respectfully submitted, Lund, Secretary CITY OF LAUREL HOME OCCUPATION REQUEST FORM Date July 28, 1993 Name Merle O. Cherry . Address 1231 5th Ave. Laurel, MT -STJUT4-- Phone - Description of proposed home occupation: for 1231 4th Ave. Laurel, MT - house and shop building Construction business with office in home (as has been at-".1231 5th A- for 22 years) Shop building will be for storage of equipment and personal use. Shop is used for business construction only a few times a year. All other business is at clients homes. Please answer the following questions by inJicating yes or no. If your response is yes, please explain. • 1. Will'any person other than a member of the immediate family occupyi the dwelling be employed, except domestic help? yes - almost enPf rely away 2. Will any stock in trade be displayed or sold upon the mom ? e premise premises. no 3. Will the character of the principal building be altered from that of a dwelling? no 4. Will any illuminated signs be used? no Information: Law dictates that no sign other than one giving the narne 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? no 6. Will any equipment be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference? no 7.- Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? 4 no 8. Attach a list of the 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 and, if so how? Only Randy Gowen and Todd Harmon were notified oally. ' Information Home Occupations arp deemed to be both site specific and owner specific Page 2 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 regularly scheduled meeting of the Planning Board. 2. The Planning Board will consider the request at their regu- larly 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. a. The City Council will consider the Planning Board's recom- mendation concerning the specific home occupation designation and approve or deny it at their next regularly scheduled meeting. Attendance by the applicant or his/her represent- ative is required at this meeting. Sketch _ In the space below, pleasie provide a rough sketch with basic dimen- sions showing the location of your business in your home in relation to the other areas in your home. Include any storage area the business may require. ._._.._....._ r ' r. _1 r jl! ti9 r- -4' A` P 0 i r 1 Randy Gowen - 1239 4th Ave. Alvin Kappel - 1220 4th Ave. Waldemar Jeroma - 1226 4th Ave. Dean Gowen - 1262 Valley Dr. Todd Harmon - 1250 Valley Dr. Mina Decker - 515 Washington"'.Ave. Steve Miller - 1214 4th Ave. Art Armstrong -1240 Valley Dr. • C,