HomeMy WebLinkAboutBoard of Adjustment Minutes 08.20.2003 MINUTES
BOARD OF ADJUSTMENTS
August 20, 2003 7:00 pm
Old Council Chambers
MEMBERS PRESENT: Andy Muff, Chairman
Bruce Teeters
Marvin Carter
Johnny Goodman
OTHERS PRESENT: Cheryll Lurid, City Secretary
Vicky Stricker
Strieker Variance #03-01
Chairman Andy Muff read the letter from the Laurel City Attorney that prohibits the
Board from granting the variance to Vicky Stricker. (See attached letter)
Andy apologized to Vicky for any inconvenience this situation caused her due to the City of Laurel
administration's error. It was suggested that Vicky request a refund for the fee of $150 that she paid.
The board took no action and the meeting was adjourned at 7:08 pm.
Respectfully submitted,
Cheryll Lun'fl, Secretary
City Of Laurel
PUB WORKS: 528--4795
WATER OFC: 528-7¢3 I
COUKT: 628-1964
F~: 62s-224~ P.O. Box 10
La~el, Mon~.a ~90~
DEP.43~TMEN~
August 19, 2003
Chau-man Andy Muri
Board of Adjustments
310 Laurmac Lane
Laurel, MT 59044
RE: Ron F. and Vicky M. Stricker Application for Variance
Dear Chairman Muri:
lam Writing this letter at the request of the Mayor to advise the Board of
Adjustments as to application of the Laurel Municipal Code to the variance filed by Ron
F. and Vicky M. Stricker.
Section 17.64. I50 of the Laurel Municipal Codes provides when the board of
adjustments can grant a variance:
Variances - Granted when. The board ofadiustments may only grant
variances:
Az When the denial would constitute an unnecessary and unjust invasion of
property; ·
B. When the grant relates to a condition or situation special and peculiar to the
applicant;
C. When the basis is something more than mere financial loss to the owner;
D. When the hardship was created by someone other than the owner;
E When the variance~would be within the spirit, intent, purpose, and general
plan of this title;
F When the variance would not affect adversely or injure or result in injustice to
others; and
Cz. Ordinarily when the applicant owned the property prior to the enactment of
the ordinances codified in this title or later amendments. (Emphasis added.)
In order for the Board of Adjustments to grant the variance, ali of the above
conditions must be satisfied. However. in this case, the variance is prohibited by the
express language of the Laurel Municipal Code.
City Of Laurel is an EEO Employer
Section 17.64.160 of the Laurel Municipal Code provides that, under no
c/rcumstances shall the board of adjustments gmat a variance where prohibited by
ordinance. In this case, Ron F. and Vicky M. Stricke~ have requested a variance to
build a duplex or twvo units on a Iot size of 7200 square feet. Section 17.16.020
provides that zoning for residential districts is classified in and subject to the
requirements of Table 17.16~020. The area in question is zoned RLM-F. RLMI~
requires 7,500 square feet for two anits according to the table provided in Section
17.16.020 of the Laurel Municipal Code. In this case the variance does not comply
with ordinance 17.16.20.
In conclusion, the Board of Adiustments is proh/bimd from granting this variance
by ordinance. If you have _any questions, please contact me.
Sincerely,
Mark Anderson
City Attorney