HomeMy WebLinkAboutCity/County Planning Board Minutes 03.11.1993L~UREL-YELLOWSTONE
CITY'COUNTY PLANNING BOARD
LAUREL, MT. 59044
The meeting of
Thursday, March 11,
present:
the Planning Board was brought to order on
1993, at 7:10 p.m. with the following members
John Hawley Smith, Chairman
Joseph M. Bradley, City Rep.
Lonnie Kellogg, City Rep.
Gerald Shay, Member at Large
Donald Gudgell, County Rep.
Clarence Foos, County Rep.
Members absent:
Larry Thomas, City Rep.
Billielou Lance, County Rep.
Jim Ziegler, County Rep.
Donna Kilpatrick, City Rep.
Others present:
Cal Cumin, City Planner
Cheryll Lund, City Secretary
Meda Fadness, A Haus of Realty
Carole Mayes, A Haus of Realty
Hazel Klein, A Haus of Realty
Motion by Ger&ld Shay, seconded by Lonnie Ke11°gg, to approve
the minutes of the February 11, 1993 meeting. Motion carried 6--0.
Land Use Variance ~ 93-01 A Haus of Realty 618 & 620 2nd Avenue.
Fee paid. Two ads appeared in the Laurel Outlook 2/17 & 2/24/93.
All property owners within 300 feet were notified by mail of this
public hearing.
One letter of protest was received from Wesley and Pamela Thatcher,
702 2nd Avenue. (copy attached)
Carole Mayes explained that they have a possible buyer for 618 &
620 2nd Avenue, which is where their old office was located since
1984. The prospective buyers want to put in a photography studio
and counseling office. The counseling will be on a one-on-one
basis, as far as Carole knows. The photography studio will not be
put in place right away, and AA will remain in the building for at
least a year, sharing space with the counselor. Right now the
prospective buyers live in Anaconda. The wife is finishing up her
degree in psychology.
The lease that AA has is on a month to month basis.
in the building for about 6 months.
They have been
Hazel Klein said that she talked to Leon Schmidt, a property owner
within 300 feet, about the proposed photography/counseling office.
He said that as long as he can remember there has always been some
type of retail store/office at that address.
Grace Caudillo (a property owner within 300 feet), called Carole
and inquired about the special review. She was not present at this
meeting, nor did she put in any letter of protest or approval.
Discussion was held on AA meetings. They are only to last 1 hour,
but the neighbors at 702 2nd Avenue said they that go beyond that
hour. Joe Bradley, who lives to the west across the alley, said
that he has walked by there in the evening hours beyond 9:00 p.m.
and that the meetings are still going on.
The Thatcher's stated to Cheryll that their main concern at this
point is the AA meetings. After the meetings are over the members
come out and talk loudly, slam car doors, etc., which in turn wakes
up the Thatcher's small children. When the Realty office was in
that building at least the business was closed at 5:00 p.m. with
not much activity going on after that. Also, the Thatcher's
complained about the AA members parking on their side of the
street.
The application asks for continuance of a non-conforming use.
Actually that cannot be considered due to a 6 month lapse where the
use was other than for a realty office. Joe feel~ that because of
this the continuation cannot be considered.
Joe stated that this request is for a variance from L.M.C Section
17.56.070(B). The criteria for granting a variance will have to
be followed in accordance with Section 17.08.120.
Joe states that if the application had been received before the 6
months period, then the only thing this Board would be discussing
tonight would be whether or not the photography/counseling office
would fit into the neighborhood as did the realty office.
Carole Mayes states that she wishes the Thatchers at 702 2nd Avenue
would have come to them to complain about the AA meetings. If they
had come to them, they would have given AA a notice to move. She
also states that before they rented to the AA they did tell them
where to park, and to be considerate of the neighbors.
Meda Fadness states that none of the other neighbors complained
about the noise and parking.
Hazel Klein inquired as to whether they should ask AA to move. Joe
states that it is a good idea because if there is a complaint made
that AA could be taken to court. The AA should be holding their
meetings in a commercial area.
The publlc hearing was olosed at 7:50 p.m.
Discussion by Board members was held.
Joe states that the idea of granting a non-conforming use is that
eventually the City knows that the use will be phased out over
time. The variance goes only with a specific owner and address.
Meda Fadness says that the structure of
office is such that it really cannot
attractive addition. She states that if
they will probably lose the deal.
the house and attached
be remodeled into an
this doesn't go through
Carole Mayes does not agree.
Joe pointed out that anything done by the Board tonight would have
to pass unanimously due to the fact that there are only 6 board
members present and that anything passed by the Board has to be
done by 6 "Aye" votes. (There are 4 members absent)
Gerald Shay states that there seems to be only one neighbor that is
protesting this application, and that the building has been a
retail store/office of some type since anyone can remember.
Hotion by Gerald Shay, seconded by Lonnie Kellogg, that we
recommend to the city council that the variance from the dis-
continuance ordinance be granted, subject to AA moving out of the
building and no commercial activity be extended to the residence
part of the building (618 2nd Avenue). Motion failed by a vote of
5 in favor and 1 opposed.
Motion by Joe Bradley, seconded by Don Gudgell, that if the
Council should grant the variance, then the Planning Board
recommends that the proposed use of a single-person counseling
office and a single person photography studio be granted under
Resolution No. 2044. Motion carried 6--0.
Public Hearing on the Parking of Commercial Vehicles in Residential
zones.
No one was present at the public hearing.
Cal stated that it is going to be extremely difficult to draft this
ordinance up in an enforceable manner unless you deal with semi-
tractors and trailers or vehicles that are in access of 80,000
pounds.
After a lengthy discussion Cal and Joe agreed that this issue needs
to be looked into more, and it will be brought up at the next
meeting.
Motlon by Don Gudge11, seconded by Lonnie Kellogg, to approve
the administrative services bill of $200 for March, 1993, and the
bill for $3,375 for Cal Cumin for 3 months. Motion carried. 6--0.
Motion by Lonnle Kellogg, seconded by Clarence Foos, to
approve a bill of $9.48 to Cal Cumin for having Kinko's Copy make
copies for information on ISTEA. Motion carried 6--0.
The meeting was adjourned at 8:27 p.m.
Respectfully submitted,
Cheryll Lund, Secretary
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•
RESOLUTION NO. 2044
RESOLUTION GRANTING A NON-CONFORMING USE
BE IT RESOLVED by the City of Laurel that there exists
on Lot 10, Block 19, Laurel Heights Subdivision, a non-conforming
use as a real estate office, or use substantially the same
or similar,and the same is hereby approved and granted
subject to the terms and provisions of the Laurel Municipal
Code regarding non-conforming uses.
BE IT FURTHER RESOLVED that any extension either in
time, or in space, causing an increase in activity or non-
conformity beyond the current use as of the passage of this
resolution shall be a proscribed extension of the non-conforming
use granted, and shall be prohibited without the prior approval
of the City,
That attached and fully incorporated herein is the Agree-
ment and Waiver of Marie Vannice dated January 13 ,
1984.
Introduced at a regular meeting of the Laurel City Council
on January 3, 1984, by Alderman Carter.
PASSED by the City Council and APPROVED by the Mayor on
the 3rd day of January, 1984.
CITY OF LAUREL
ATT ST: Albert Ehrlick, Mayor
---..?
AS
onald. Hac mann, City Clerk
App ved as to foorrm *
Jo h M radley, City Atty
mgm-;"
AGREEMENT and WAIVER
This agreement is made and entered into this 13 day of
January 1984, by and between MARIE VANNICE,
individually and as personal representative of the Estate
of Dane Vannice, deceased, of 24 Big Sky Dr., Casa Village
Billings, MT. 59102, and the CITY OF LAUREL, a municipal
corporation, of Yellowstone County, Montana.
WHEREAS, MARIE VANNICE is the sole owner and successor
in interest to all.of the following described real property:
Lot 10, Block 19, Laurel Heights Subdivision, City of Laurel,
Yellowstone County, Montana; and,
WHEREAS, MARIE VANNICE has filed with the City an
application for a variance on the said property, said appli-
cation dated October 20, 1983, and designated as file no.
PP63-9; and,
WHEREAS, the parties do now agree that the application
for a variance will be withdrawn and all rights to a variance
wi'_l be waived by MARIE VANNICE in consideration of the City's
granting a non-conforming use on the property.
NOW, THEREFORE, IT IS HEREBY AGREED as follows: That
MA?.IE VANNICE hereby withdraws her said application for a
variance, and she further hereby waives, relinquishes and
abandons all right to have or claim any other non-conforming
use of whatsoever nature upon the said property for any
purpose whatsoever, except as set forth in Resolution No. 2044,
notwithstanding the slaid application or any variances that
may have been granted in the past.
The CITY OF LAUREL hereby shall allow a non-conforming
use upon the said property in accordance with and as set forth
in Resolution No. 2044, dated January 3, 1984, within which
this agreement shall be incorporated.
Nothing within this agreement shall be construed as
prchibiting any owner of the said property from requesting
a variance in the manner prcvided by the laws of the State
of Montana and ordinances of the City of Laurel.
-1-
The parties agree that the said property and its non-
conforming use shall at all times be subject to and governed
by the non-conforming use provisions of the Laurel Municipal
Code, including Sections 17.64.010 et. seg.
This agreement shall be binding upon and shall inure to the
benefit of the parties' grantees, heirs, representatives,
assigns, and/or successors in interest.
Dated this 13 day of January , 1984.
Marie Vannice
ar y Herman, Attorney for
Marie Vannice
CITY OF LAUREL
Ac-
$y.
Albert Ehrlick, Mayor
Donald L. Hackmann, City Clerk
A roved as to form:
o epn Bradley, City AtLy
On this 13 day of January , 1984, before me, the
undersigned, a Votary Public for the State of Montana, personally
appeared Marie Vannice, individually and as personal represen-
tative of the Estate of Dane Vannice, deceased, known'to me
to be the person whose name is subscribed to the within instru-
ment and acknowledged to me that she executed the same for
and on behalf of herself and of the said estate.
1N WITNESS WHEREOF T have hereunto set my hand and seal
this 7Vday of 4CE 1 84.
ota y u`blit forUthe State of
Montana, residing at, ,
MT. My Commission expires
-2-
V ?
•
1984, before me, the
On this day of ` i
ersonally
undersigned, a Notary Public for the State of Montana, p
appeared Albert Ehrlick, known to me to be the Mayor of the
City of Laurel, the municipal corporation that executed the
within instrument and acknowledged to me that such municipal
corporation executed the same.
IN WITNESS WJEREOF I have hereunto set my hand and seal
this ;::- 7 day of 1984.
Notary ublxc for the State o
Montana, residing at, ..9
MT. ' My Commission expires
m /
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•
r
0 MEMO
SUBJECT: General Activities Report for First Quarter
1993--Laurel Planning
TO:
Laurel-Yellowstone City-County Planning
Board
FROM: Cal Cumin, Planning Director
DATE: March 11, 1993
The following were planning-related activities occurring during the first quarter of 1993
and are representative of the level of planning activities in the Laurel area during this
period.
JANUARY
Planning Board meeting
City Council meetings
Miscellaneous discussions--Planning Board Secretary
Set up and review with Planning Board the ISTEA Program
Miscellaneous ISTEA project specific work
Home occupation review
FEBRUARY
Planning Board meeting
Zoning questions: CS 2091
Zero lot line housing research
City Council meetings
ISTEA administration
ISTEA specific project research
MARCH
Planning Board meeting
City Council meetings
Research heavy truck parking regulations
ISTEA joint venture inquiries with County
Development questions: CS 1460
Development questions: CS 2184
Continuation of non-conforming land use issue
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