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HomeMy WebLinkAboutBoard of Adjustment Minutes 08.12.2003 MINUTES BOARD OF ADJUSTMENTS AUGUST 12, 2003 7:00 PM OLD COUNCIL CHAMBERS Members Present: Chairman Andy Muff Bruce Teeters Others Present: Cheryll Lurid, Secretary Vicky Stricker Mark Martzolf Deanna Riesinger File #03-01 Stricker. A legal ad was published 2 times in Laurel Outlook on 7/23 & 7/30, There were 6 legal protests received on this hearing which is 17% of the property owners within the 300 foot radius of the proposed duplex. The applicant, Vicky Stricker, is asking that the Laurel Muhicipai Code requiring 7500 square feet of land for a duplex in a Residential-Limited-Multi-Family zone be waived and she be allowed to build a duplex on 7200 square feet of land, as that is the size of the lot she owns. The address of the property is 212 West Avenue, Laurel, Montana. Vicky Stricker was present to explain her request for this variance. She feels that Laurel has a need to provide handicap-accessible units. Every residence in Laurel that has gone up in the past 6 months has been a split-level unit with steps. She built the 2 triplexes on 8th Avenue and the duplex on Montana Avenue. All units were designed on one floor with the elderly in mind. When Vicky bought 212 West Avenue it had a existing home on it. She tried to sell it but was unsuccessful. She had the house demolished and then made plans to build a duplex on the property. The Senior Citizen Center is approximately 2 blocks away from the site. The duplex is all on one level with an oversized garage with an extra parking pad next to the garage. She is hoping to rent the units to seniors. The yard will be small but landscaped and Vicky and her husband will do the lawn maintenance. Question on where the garages will be located? The garages will face West Avenue. The units are 2 bedrooms, 2 bathrooms, so it will not be available for a large family. There will be a covered patio on the back. The exterior of the building will be maintenance free siding. There will be underground sprinklers. Vicky states that she is building these for elderly or disabled people. She states that she is not going to make a profit on the duplex, and she will be lucky to break even. She also realizes she cannot restrict renting only to the elderly or the disabled. Question on whether Vicky had talked with any of the neighbors. She has not. At this time Andy Muff, Chairman, told the board and audience that he checked with the City Attorney regarding a possible conflict of interest because he is a i-ealtor. The City Attorney told him that there is no conflict of interest because he does not work in the same office that Vicky Stricker does. Opponents: Deanna Riesinger, 201 West Avenue, spoke in protest. Her husband has lived in the same house for 60 years. He has a beautiful home. He is now getting elderly himself. She states that the reason the (zoning) laws are in effect is to stay away fi.om building overload. They have been told that on the 2 lots they live on they cannot put up more buildings because they have an overload. Her viewpoint on this proposal of duplexes is that she would rather keep her little community, in the area she lives in the shape that it is and not an overload ofdwelling people. They want their area to be beautified and not where when they look out of their window they see a bunch of buildings by the street and sidewalk. That is not what her husband meant his life to be living 60 years on this particular property. Her neighbors, Jim Hunt and Marvin Weber don't want a double dwelling in their neighborhood either. They want their area to be kept from renters. She (Vicky Stricker) can't guarantee that her life is going to go on forever. She could fall ill tomorrow and Deanna wonder's what would happen to that building if she does die. Andy Muff questions Deanna why it matters that Vicky won't live forever? Deanna states that Vicky has made the statement that her and her husband will maintain the property. If they die or become ill they won't be able to maintain the property as promised. Andy states that if they do die there will be someone else that comes along and maintains it. Deanna states that this isn't what they want down by where they live. She doesn't care how nice the dwelling is, she is protesting it. Between her husband and the neighbors they represent 100+ years that they have lived in that area. They want the lot beautified and maintained. They want a single dwelling so that they can enjoy their neighbors, just like they have done for years. Andy Mud asks Deanna what she would suggest to put on the lot. Deanna states she wants to see a single-family dwelling built on that lot. The laws (LMC - minimum lot size requirement) were put in for a reason and that reason hasn't changed. She doesn't want to see those laws changed by allowing a variance of that law. Vicky Stricker stated that she could go in and put a 3-4 story single dwelling in there that covers just as much ground. She could make a real eyesore, but she doesn't choose to do that. She has lived here her entire life, her dad lives here and she knows his friends. Those friends are the people that bought the units from her before. They wanted something that this town was not providing for them. They make enough money that they could not qualify for the elderly housing in Laurel. She is building it for that reason, so they can have a chance to get into elderly or disabled housing. 2 Deanna stated that she doesn't want Vicky to build it on her block. Vicky can go to the north side and put it up, but not in her neighborhood. Deanna states they are already dealing with Schessler's Ready Mix being noisy and dusty. Bruce Teeters questioned Deanna if she knew that duplexes are allowed in that zone? Deanna states yes, but not on the size of lot that Vicky is proposing to build it on. This is her concern. Deanna and her husband want only the size of home that is allowed (by LMC law) on that lot size. They do not want a bigger building on that sized premises. These laws were governed so as not to put an overload on the lots. She also stated that they do not want any garages built on the street. She wants the garages put on the alley just like Deanna's garage is. She wants a nice view of the home, not the garage. She states there is a grandfather clause that keeps all garages coming offthe alley. She also states that all of the fronts of the homes have to be even with each other. Vicky Stricker states that the codes don't clarify whether the garage sits in the front or hack of the home. Vicky says that the garage is on the front of the home, attached with a roof over the front porch so that the residents can sit out on their front lawn and enjoy the quietness of the south side. She goes on to say that most of today's homes have the garage on the front or side of the home, attached. The design Vicky chose for this particular lot was the most appealing for this size of lot. Deanna stated that she is fighting Schessler's Ready Mix about the dust they stir up. Right now when the dust blows (it is lime dust) it puts them in a complete blackout and they are unable to see the houses around them. She feels this is a health risk and wouldn't want to see elderly people that would live in the duplexes put at risk. She also states that because of Schessler the south side is not a quiet neighborhood. She gets woke up every morning by their noise. She does not want to see handicapped or elderly people put into this area until the problem with Schessler is taken care of. Chairman Mud asked Bruce Teeters if he had any more questions. Bruce stated no. The meeting was adjourned at 7:25 pm. The board will meet to make their decision on August 20, 2003 at 7:00 pm in the old council chambers at City Hall. Respectfully submitted, Cheryll Lund, Secretary CITY HALL ~ City Of Laurel PUB WORKS: 628-4796 WATER OFC: 628-7431 COURT: 628-1964 P.O. Box 10 FAX: 62§-2241 Laurel, Monhana 59044 PLANNING DEPARTMENT August 1, 2003 Board of AdjusUnent City of Laurel POB 10 Laurel MT 59044 Dear Board of Adjustment Members: I apologize for not being at your meeting, but I have to be at railitary maneuvers in Canada. Regarding Vicky Stricker's request for lot coverage variance to allow a duplex on a parcel that is 300 square feet short of the required 7500 square feet: I recoam~end approval of this request due to the small mount of land involved and the need for more rental housing inthe City. Such action also complies with the concepts being formulated in Laarel's Growth Management Plan. Remember that the concurring vote of four members of the Board of Adjustment is necessary to decide in favor of an application (Section 17.64.090 LMC). ' Cai Cumim AICP Planning Director City Of Laurel is an EEO Employer TO WHOM IT MAY CONCERN: WE ARE WRITING TO PROTEST A VARIANCE FOR LOTS 5 & 6, BLOCI( 5 OF YELLOWSTONE SUBDIVISION RLMF ZONE. THE ADDRESS BEING 2:1.2 WEST AVE. WE FEEL THAT THE MINIMUM LOT AREA ALLOWED NOW IS ENOUGH TO PUT A 2 FAMILY DWELLING ON WITHOUT GIVING A VARIANCE. WE ARE CONCERNEI} WITH THE PARKING ISSUES TNIS MAY CAUSE FORALL CONCERNEd, IF A VARIANCE IS ALLOWED. IF WE ALLOW ONE OWNER TO GE'/' A VARIANCE THEN MORE OWNERS MAY WANTONE TOO, AND WE ~qLL END UP WITH A VERY CROWDED NEIGHBORHOOD. EVEN THOUGH THE PLANS SHOW OFF S~EET PARKING, IF THERE IS MORE THAN ONE VEHICLE, IT WILL VERY LIKELY BE PARKE~ ON THE STREET, CAUSING CONGESTION. ALONG WITH THE BEALiTY SHOP TRAFFIC WE ALREADY HAVE, WE DON']' NEED ADDITIONAL TRAFFIC IN OUR NBGHBORROOD, THAT A LARGER DUPI. E~ WOULD CREATE. SINCERELY, AUG -8 CITY OF LAUREL August 8, 2003 Dennis S. Eaton 308 West Avenue Laurel, Hontana 59044 Office of the Director of Public Works 125 West First Street Laurel, Montana $9044 RE.' Notice of Public Hearing #03-0! Stricker Dear Director: I would like to go on record as opposing the request for a variance to build a duplex on Lots 5 & 6 of Yellowstone Subdivision otherwise known as 212 West Avenue based on two points. My first objection to this request is that Ns. Stricker is a real estate agent and as such should have known what the lot size requirements were regarding her plans to build a duplex on the property she purchased before she ever purchased the property or went to the cost and trouble of beginning her "improvements"to the property. My second objection to this request is that Ns. Stricker has bought this property and proposed these changes solely for her own profit. She has not taken into consideration the fact that this proposed duplex is to be built smack in the middle of the block in a quiet residential area. Ns, Stricker has not taken into account the impact the addition of not one, but two new residences are going to have on the neighborhood and the quiet lifestyle enjoyed by the current residents, Tn her haste to make a quick buck Ms. Stricker has not only overlooked the rules regarding her proposal, she also never took into consideration the people already living in the neighborhood, Tf PIs, Stricker wanted to build a single family dwelling for her own use e~ f~r_m, sale purposes she would be more in line with the rules regarding building orl th~l~oFert~and the.lif~~ of those presently occupying the surrounding residences. As it is now, her proposal is nothing more than a rude intrusion into our quiet neighborhood for her own profit, Sincerely, ~ennis S. Eaton CITY OF LAUREL J~L ~ 0 2~ CITY OF LAUREL