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HomeMy WebLinkAboutBoard of Adjustment Minutes 12.12.2000 CITY OF LAUREL BOARD OF ADJUSTMENTS DECEMBER 12, 2000 7:00 PM COUNCIL CHAMBERS Present: Andy Muri, Chairman Bruce Teeters Bob Western Marvin Carter Johnny Goodman Cal Cumin, City Planner Cheryll Land, City Secretary Norman Hodges FILE # 00-01. HODGES - 420 FIRST AVENUE Two advertisements were posted in the Laurel Outlook and all neighbors within 300 feet were notified regarding tiffs application. There were no opponents or proponents present at the meeting. Applicant proposes to continue the non-conforming use status at 420 First Avenue. Proposed use is anail salon in the basement. He is unsure of what other kind of business he wants to put into place in the south side of the building but he wants to rent out the spaces for some kind of commemial use. Cal tells him that Mr. Hodges has to specify what type of business/businesses he is proposing in the south building. This board cannot issue a "blanket" commercial use to this building due to its location in a residential zone. Cal states that the applicant could propose renting it out as professional office space but not for retail sales. Applicant states that he is considering putting in a day care center in the south building. In checking with the state of Montana he was informed that he could have 110 children at a day care center at that address. Cai informs Mr. Hodges that he would never be allowed to have 110 children at a day care center in that area of town. He informs Mr. Hodges that the information he got from the state was not correct. Cai states that in order to have a day care with 13 or more children in a residential zone a special review application would be applied for and approved by the Planning Board. At the special review, requirements such as parldng, landscaping, and hours of operation would be thoroughly reviewed by the Planning Board. He doubts that an operation for that large of mi operation would probably not be able to meet the parking requirements. The applicant states that he has documents from the Yellowstone County Tax Assessor that the property is zoned urban commercial and is unsure why he has to go through this process tunight. Cal states that "urban commercial' is not the zoning of the property but is a type of code that dictates to the County how the taxes are assessed. He points out the official zoning map of Laurel that was approved in 1979. The zoning at 420 1st Avenue is Residential 6,000. Once a grandfathered business operating in a residential zone quits for 6 months the true residential zoning goes back into effect. Hanson's Health Center has been out of operation since 11-12-98 (according to water office records). Applicant states that he put in the variance for a child care center for 110 kids and a nail salon. He pointed out that there was nobody present in the audience protesting the application. Andy Muri states that the board makes it's own decisions and it's not based on what the neighbor's feel is right but what the board thinks is right. Applicant is again told that he has to go through a special review process to be approved for a day care center over 12 k/ds. Question by Brace Teeters as to how much latitude the board has regarding what types of businesses end up renting space? Cai states that the applicant needs to specify what types of businesses he will rent space to and the motion by the board should say the same thing. Question is raised whether or not the board needs to act on the proposal for the day care center. Cal states that a proposed day care center (over 12 k/ds) has to go through the Planning Board in the form of a special review. With the R6000 zone Mr. Hodges is already able to.~put up to 12 kids in the day care center without a special review. Before he puts that 13m kid into the day care center he has to go through the special review process. The applicant states that he already has the property sold to a church. What is the. possibility of a church being in that area? Cai states in order to have a church located in a residential area a special review would have to be applied for by the owner of the property. Cai doesn't feel that a church would be feasible due to parking requirements. Question by Mr. Hodges as to whether or not he can use the signs at the address. Cal told Mr. Hodges that he needs to obtain a building permit before changing the face of the sign or adding any signs either in the yard or onto the building. Question on licensing. According to City licensing regulations each commercial business has to be inspected by the fire chief before opening for business, and each business has to have commercial building plans approved by the City Building department. The applicant can apply for a business license after these two standard requirements. Cal feels the issue before the board is whether or not to allow Mr. Hodges continuation of a non-conforming use for the nail salon and the renting of offices. Motion by Bob Western, second by Jotumy Goodman, to approve the continuation ora non-conforming use at 420 Isr Avenue for a nail salon and office space, subject to all standard city codes. Motion carried 5-0. Respectfully submitted, Cheryll Lund, Secretary Copies Applicant City Plarmer City Council Building Dept. Bd. of Adj. Chairman 12/21/00 I15W, IST ST. PUB WORKS: 628.47~6 WATER OEC: 628-7431 } COURT: 62~-1964 V~,X: 628-224 ! City Of Laurel P.O. Box 10 Laurel, Montana 59044 December 2 l, 2000 PLANNING DF. PARTNn~NT Mr, Norman Hodges 401 Lavender Street Laurel, MT 59044 Dcm' Mr. Ilodges: As a tbllow-up to the meeting of the Board of Adjustment and the subsequent conversation between you and I regarding what was decided. You had requested from the Board of Acijustment that you be able to continue the non-conforming use of the property at 420 First Avenue No~th for commercial purposes--s~eifically a nmi salon and a Day Care Center. I explained to you that the Board of Adjustment had approved the nail salon, but that the request for Day Care Center had to be heard by the Laurel Planning Board via the Special Review Process. Thc Board of Adjustment left open the remainder of uses allowed under "offices" to be approved individually. In discussing tlxe actions of the Board of Adjustment with the City Attorney, he informs mc that the powers of the Bourn of Adjustment considered here are !imited to approving reque~s tbr Specific types of office use and that it oannot approve "offioes" as a general use. Accordingly, all that the Board of Adjusm~ent has approved a~ this point by law is the nail salon. All other uses, limited to offices, must be reviewed again through the Board of Adjustment process on a s0ecilio use basis. This follows, somewhat, our telephone conversation after the meeting that each proposed ofl~em use will have to be approved individually as presented and requested by you, Furthermore, as you are aware, in at/~npting to utilize the property commercially as it has been so used in the past, you &re required to meet the building a~d renovation standards for oommercial buildings in the Undibrm Building Code. a process wlffch also deals w/th specific uses rather than general/zed uses. Cai Cumin, AIC'F" Planning Director Cily Attorney .Public Works Director Chair, Board of Adj~l~nent City Of Laurel is au EEO Employer Equal 14ousi~g Opportunity