HomeMy WebLinkAboutCity/County Planning Board Minutes 11.07.2013 MINUTES
LAUREL CITY - COUNTY PLANNING BOARD
November 7, 2013 6:00 pm
COUNCIL CHAMBERS
MEMBERS PRESENT: Kathy Siegrist, Chairman
Dan Koch, City Rep.
Dick Fritzler, County Rep.
Judy Goldsby, County Rep.
Lee Richardson, County Rep.
John VanAken, County Rep.
Hazel Klein, City Rep.
Shirley McDermott, City Rep.
OTHERS PRESENT: Monica Plecker, City Planner
Cheryll Lund, Secretary
CALL TO ORDER: Chairman Kathy Siegrist called the meeting to order at 6:00 pm.
ROLL CALL: A roll call was taken. Members present were Koch, Fritzler, Goldsby, Richardson,
McDermott, VanAken, Klein, and Siegrist.
PUBLIC INPUT:
Citizens may address the Board regarding any item of City business not on the agenda. The duration for
an individual speaking under Public Input is limited to three minutes. While all comments are welcome,
the Board will not take action on any item not on the agenda.
There was no public present.
APPROVAL OF MINUTES FROM PREVIOUS MEETING: A motion was made by Judy Goldsby and
seconded by John VanAken to approve the minutes of the October 3, 2013 meeting. The motion carried
by a vote of 7 — 0.
NEW BUSINESS: Public Hearing to hear a variance request from Community Hope at 204 Cedar
Avenue to allow expansion of a nonconforming use.
Chairman Siegrist read the Public Hearing Procedures to the Audience and Board.
The public hearing was opened at 6:03 pm.
City Planner Monica Plecker spoke regarding the variance request.
Mike Gradwohl has submitted an application for variance on behalf of Community Hope, Inc. The
request is to expand a nonconforming use. The property is legally described as East Yellowstone
Subdivision, S16 TO2S, R24E, Block 22, Lots 1 -3 & 30 ft. X 140 Ft. Vac S 2 adj. to Lot 1 (96).
The property is currently zoned Residential Limited Multifamily.
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Staff Findings:
1. The applicant is requesting a variance from Laurel Municipal code 17.56.030 to enlarge a
nonconforming use. LMC 17.56.030 states that "no building used for a nonconforming
use shall be enlarged, extended, reconstructed, or structurally altered ".
2. The property is currently used as a location to provide assistance to those individuals of
Laurel and surrounding area who are in need. For zoning purposes, commercial
businesses are not allowed in the RLMF zoning classification.
3.' A map identifying the property and letter of application are attached.
4. The applicant wishes to add a "500 sq. ft. addition to the present structure. This
addition will enclose an area that is used for outside storage on the north and west side
of (the) existing facility."
5. The applicant did not include a detailed justification as it relates to LMC 17.06.020.
6. 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:
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. All stormwater must be kept on site.
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PROPONENTS:
Lisa Stanhope, Executive Director for Community Hope spoke regarding the variance request.
Community Hope has been serving the citizens of Laurel at its current location since 1995. They are
currently running out of space to store food. They are proposing to construct a 490 square foot room to
store food. At this time they are storing food at Baker Transport in Billings which costs Community Hope
$75 a month. They currently supply approximately 200 food boxes per month to Laurel residents and
have to be able to store enough food at their current location to make up those boxes.
Dan Koch asked if the storage area will be permanently attached to the existing building.
Lisa stated that it would be permanent.
Dick Fritzler asked what the setback is.
Lisa stated that they have to stay within 10' of where the City of Laurel's main waterline runs.
Chairman Siegrist stated that the setback would be addressed when the building permit is applied for.
Shirley McDermott asked if traffic would increase if the variance were granted.
Lisa stated that it should not increase traffic.
Chairman Siegrist asked how long Community Hope has been in this building.
Lisa stated she believes since 1995 but they have been incorporated since 1986 and had been in various
locations until they moved to 204 Cedar Avenue.
Chairman Siegrist asked if there was some type of a variance requested to allow them to relocate to the
204 Cedar Avenue.
Lisa Stanhope stated that the land was given to Community Hope by Charles and Darlene Fischer but is
unsure what was done to allow the building to be built.
Chairman Siegrist stated that at this time it is not known how the original Community Hope building was
allowed but she feels that its services are needed now more than ever.
Lisa Stanhope addressed LMC 17.60.020 (1 -7) and how they relate to Community Hope's variance
request.
Lisa went through the 7 recommendations in LMC 17.60.020 for variance approval.
1. Unless the denial would constitute an unnecessary and unjust invasion of the
right of property;
Lisa felt that # 1 did not apply.
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2. Unless the grant relates to a condition or situation special and peculiar to the
applicant;
Lisa stated that because they are dealing with the special situation that many
people in the community are in need of food assistance and there is no space for
them to store the food.
3. Unless the basis is something more than mere fin ancial Toss to the owner;
Lisa felt this did not apply.
4. Unless the hardship was created by someone other than the owner;
Lisa felt this did not apply.
5. Unless the variance would be within the spirit, intent, purpose, and general plan
of this title;
Lisa felt this did not apply.
6. Unless the variance would not affect adversely or injure or result in injustice to
others; and
Lisa feels that the addition will not affect adversely or injure or result in injustice
to others.
7. Ordinarily unless the applicant owned the property prior to the enactment of
this title or amendment.
Lisa feels that this does not apply.
Judy Goldsby asked if Community Hope is a registered non - profit.
Lisa stated yes they have a 501 3-C designation.
At this time Chairman Siegrist asked if there were other proponents wishing to speak.
Bob Lacey of 910 7 Avenue spoke. Bob is a volunteer at Community Hope. He picks up the food
donations for Community Hope and is their delivery truck driver. He stated they were recently informed
by Walmart that they will be donating all the food they are unable to sell at the store to Community
Hope. This is due to the higher cost of transporting all the unsold food to their warehouse. While this is
great for the Laurel community it means that the need for storage space at Community Hope is even
more important.
John VanAken asked if the additional storage space will be sufficient or just a Band -Aid fix.
Bob stated that the proposed storage unit will be sufficient because of the shelving that they can build
to accommodate the food which will also make it easier to rotate their stock.
Chairman Siegrist asked for the third time if there were proponents wishing to speak. There were
none.
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Opponents:
Chairman Siegrist asked 3 times if there were opponents wishing to speak. There were none.
The public hearing was closed at 6:30 pm.
A motion was made by Dan Koch to recommend approval of the variance for Community Hope with the
following staff recommendations:
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. All stormwater must be kept on site.
The motion was seconded by Judy Goldsby.
Board Discussion:
Hazel Klein asked if by approval of the variance will fix its status as a nonconforming use.
Monica stated that it is considered a nonconforming use because it is a commercial business operating
in a residential zone. By definition alone it is nonconforming. By granting the variance it would allow
that nonconforming use to be expanded.
Hazel Klein asked whether or not it can be considered commercial if it is a nonprofit business.
Monica stated that under commercial nonprofit Community Hope would fall under the same definition
as a hospital or Nursing facility. The code does not allow for that differential and it is not uncommon to
have facilities like Laurel Rehab or other care facilities within residential areas.
Monica stated that the Planning Board may want, at a later time, look at and study how many of this
particular types of businesses there are in residential areas.
John VanAken asked if Community Hope could be rezoned.
Monica stated that it would be considered spot zoning. The lot isn't big enough and it would be one lot
in the middle of a residential zone. It would be difficult for Monica to give reasons to approve spot
zoning. It would be twice the cost of a variance just to approve a nonconforming use. In the event of a
fire, as a nonconforming use they would be allowed to rebuild to the original footprint of the structure.
So, if a natural disaster occurred the city would allow them to rebuild. Monica would not recommend or
encourage a rezoning of the property.
Chairman Siegrist stated that because the City of Laurel gave Community Hope it's blessing to building
the original structure at 204 Cedar Avenue she can relate that to 17.60.020 (1) "Unless the grant relates
to a condition or situation special and peculiar to the applicant" because of the need for more space to
continue the service Community Hope provides to the community of Laurel. The service they provide
needs to continue and the size of their building right now cannot possible accommodate the food
donations they receive from Walmart without Community Hope paying to store food offsite.
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At this time a vote was taken on the motion to recommend approval subject to the staff
recommendations. The motion passed by a vote of 7 -0.
Monica told the Community Hope members in the audience that the Planning Board recommendation
gets forwarded on to the Laurel City Council which has the final say regarding the variance. The City
Council will review the variance at its workshop on November 26, 2013 at 6:30 pm and hold a second
public hearing at its regular council meeting on December 3, 2013 at 6:30 pm.
Old Business:
a. Monterra Subdivision, located out of the Laurel city limits, was given conditional approval
of the plat by Yellowstone County Commissioners.
b. Growth Management Plan has been scheduled to be discussed by the Laurel City Council at
their workshop to be held on November 12, 2013 at 6:30 pm. The City Council will hold a
public hearing on the GMP on November 19, 2013 at 6:30 pm.
c. Transportation Plan public meeting will be held on November 18, 2013 at 6:00 pm. Monica
encouraged the Planning Board to attend the meeting.
Miscellaneous:
a. Water Replenisment in new subdivisions: Monica stated that at a previous meeting during
the discussion on Monterra Place Subdivision John VanAken had brought up some concerns
about groundwater recharge. Monica has done some preliminary research and stated that
in her conversations with Yellowstone County and in looking through the Subdivision
regulations there is nothing that specifically states that you must replenish ground water. If
during the environmental assessment it is found that the aquifer will not be sufficient there
is room for discussion on the matter but if there is no problem then you can't make an issue
out of something that is not a problem. Monica will bring all information she finds and
make a presentation at the December 5, 2013 Planning Board meeting.
b. Next meeting: December 5, 2013:
Monica stated that Chapter 17 needs a few revisions or "housekeeping" that will be
discussed.
c. Monica stated that the Zimmerman variance for 802 1 Avenue will be reviewed by the City
Council at their Workshop on November 12, 2013 and the public hearing and decision will
be at the City Council meeting held on November 19, 2013 at 6:30 pm.
The meeting was adjourned at 6:55 pm.
Respectfully submitted,
Cheryll
Lbhd, Secretary
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II
LAUREL CITY - COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City- County Planning Board
FROM: Monica Plecker, Laurel Planner
RE: Variance for 204 Cedar Avenue
HEARING
DATE: November 7 2013
DESCRIPTION /LOCATION:
Mike Gradwohl has submitted an application for variance on behalf of Community Hope, Inc. The
request is to expand a nonconforming use. The property is legally described as East Yellowstone
Subdivision, S16 TO2S, R24E, Block 22, Lot 1 -3 & 30 Ft. X 140 Ft. Vac S 2 " adj. to Lot 1 (96)
The property is currently zoned Residential Limited Multifamily.
STAFF FINDINGS:
1. The applicant is requesting a variance from Laurel Municipal code 17.56.030 to enlarge a
nonconforming use. LMC 17.56.030 states that "no building used for a nonconforming use
shall be enlarged, extended, reconstructed, or structurally altered ".
2. The property is currently used as a location to provide assistance to those individuals of
Laurel and surrounding area who are in need. For zoning purposes, commercial businesses
are not allowed in the RLMF zoning classification.
3. A map identifying the property and letter of application are attached.
4. The applicant wishes to add a "500 sq. ft. addition to the present structure. This addition
will enclose an area that is used for outside storage on the north and west side of (the)
existing facility."
5. The applicant did not include a detailed justification as it relates to LMC 17.60.020
6. 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 Toss 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. All stormwater must be kept on site.
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L AUREL 4
Laurel Variance Request Application
This application covers appeals from decisions of the Planning Department (and sometimes
other officials) and for requests for variances concerning setbacks, structures, heights, lot
coverage, etc.
The undersigned owner or agent of the owner of the following described property requests a
variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of
Montana.
1. Name of property owner: OOMMOAPTY 6 PE /ilC
2. Name of Applicant if different from above:
3. Phone number of Applicant: 406 628 - 728 /
4. Street address and general location: 2 04 ( Et. SA A VENv C
5. Legal description of the property: EASE Y Cbt4I5 ? OA/E 5USD, 5/67O2 S, 224 E,
BLOCK 22, Lay 1 °i VAc S 21JD
6. Current Zoning�:2 ADT Ta L ®7 / NO
M C -KILT/ / ,IM /(,0/ RE57e1C7
7. Provide a copy of covenants or deed restrictions on property.
I understand that the filing fee accompanying this application is not refundable, that it pays
part of the cost of process, and that the fee does not constitute a payment for a variance. I
also understand I or my agent must appear at the hearing of this request before the Planning
Board and all of the information presented by me is true and correct to the best of my
knowledge. if
Signature . Applicant /7 / ,CiA P JZ J
Date of Submittal: `7 C - ,.::20/
COMMUNITY HOPE, INC.
P.O. Box 524 • 204 Cedar Ave.
Laurel, MT 59044 communityhope2003@yahoo.com
Laurel City - County Planning Board
City - Council Chambers
115 W. 1 Street
Laurel, Mt 59044
Council Members:
Community Hope, Inc. is requesting a variance referring to Laurel Municipal code
chapter 17.56.020.
We are requesting this variance to be permitted to add a 500 square foot addition to our
present structure. This addition will enclose an area that is used for outside storage on
the north and west side of our existing facility.
This addition will not violate provisions of this chapter with an increase in cubical
contents. This addition will be solely used for additional storage space, the same purpose
as the present space is used.
The addition will be used in accordance with the city building, plumbing, electrical
codes, as well as following all fire prevention codes. The addition plans have been drawn
by a certified architect, and stamped for approval by a license structural engineering firm
as requested by the City of Laurel.
The use of this structure will only be used for the original purpose intended by
Community Hope, Inc., furthermore any maintenance or repairs to this addition shall not
increase the original area.
Evident by the construction plans, and subsequent plot map, it is clear to see that the
present structure and the addition will not compromise either the structural integrity or
safety of the structure, nor will it have any effect on the existing parking.
Our reason for this request, is we need additional covered space to store the additional
food now required for us to continue to provide assistance to those individuals of Laurel
and surrounding area who are in need.
On behalf of the Board of Directors, I submit this request.
Mike Gradwohl
•
President
Board of Directors
Community Hope
OUR MISSION: Community Hope is a non-profit organization serving the people of Laurel
and the outlying areas by assisting them with basic living necessities during times of need.
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— 2008 National Electrical Code
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