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HomeMy WebLinkAboutCity/County Planning Board Minutes 10.06.2005DRAFT MINUTES LAUREL-YELLOWSTONE CITY-COUNTY PLANNING BOARD October 6, 2005 7:00 PM COUNCIl, CHAMBERS Members present: Gerald Shay, Chairman Bud Johnson, City Rep. Hazel Klein, City Rep. David Oberly, County Rep. Greg Johnson, County Rep. Rick Flanagan, County Rep. Dan Ruff, County Rep. Others present: Cal Cumin, City Planner Cheryll Land, City Secretary The minutes were approved with corrections on page 2 & 3 where 30% should be 3%. Public Hearing: Conditional Use Application -Edward Foster 1303 Old US Hwy 10 PROPONENTS: Ed Foster is requesting approval of a conditional use application to allow him to put one manufactured home on a foundation at 1303 Old US Hwy 10 which is currently zoned Residential Tracts and does not allow manufactured homes. Mr. Foster intends to live in the manufactured home. The manufactured home replaces a stick-built home that was previously demolished. There is a second home on the property (1221 Old US Hw yl0) that Mr. Foster is renting out. These two homes have been on the property since the 1950's. Mr. Foster apologized to the board for his ignorance in placing the manufactured home on the property before checking with the City. G.K. Murphy owns property on Figgins Circle right directly to the south of 1303 Old US Hwy 10, spoke in favor of the placement of the manufactured home. He feels that it will up the value of his property. OPPONENTS: None present. Cai recommended approval of the conditional use subject to only 1 manufactured home being allowed on the 9 acre piece of property. Cal read the legal description of the property into the record (see attached). Discussion. Cai stated that a conditional use goes with the property, not the landowner. It is on the land with an unlimited time flame. Motion by David Oberly, second by Rick Flanagan, to recommend approval to the Laurel City Council for the conditional use permit for Edward Foster. Motion carried 7-0. Public Hearing - Proposal to Add to Table 17.16.020 - Setbacks This is being proposed to change setbacks from 20 feet to 5 feet where rear yards abut adjacent side yards on comer lots. This change will help the local contractors and property owners and is a housekeeping issue. Proponents: None. Opponents: None. Motion by Bud Johnson, second by David Oberly, to recommend approval to the Laurel City Council of this proposed setback change. Motion carded 7-0. The meeting was adjourned at 7:30pm. Respectfully submitted, Cheryl~ Lurid, Secretary 2 ity Of Laurel PUB WORKS: 6284796 WATER OFC: 628-7431 COURT: 628-1964 P.O. Box l0 FAX: 625-2241 Laurel, Montana 59044 Date received: CITY OF LAUREL CONDITIONAL USE APPLICATION DEPA~TME~ Twelve copies of this form and a one-hundred-flRy-dollar ($150) review shall be submitted to the Planning Board Secretary on the first day of the month preceding the month in which the application shall be heard by the Zoning Commission. The Planning Board Secretary shall note the time of receipt, keep one copy, send one copy to the Planning Director, and forward the remainder to the members of the Zoning Commission. The Planning Board Secretary shall publish notice ora public hearing in the local newspaper at least 15 days prior to the Zoning Commission meeting at which the application will be considered; adjacent property owners of record within 150 feet of the application property shall also be notified by mail by the Zoning Commission. The applicant or the authorized agent must attend the public hearing before both the Zoning Commission and the City Council. 1. Name ofLandOwner: &~_,~,*r'e-{'~, -~o$~re.4, 2. Address: /,.2..:?/ ~f ~'S /-/,,~/j /~ r.o/X.o_.--t 3. Phone#: ~2~- 4. Legal Descrinti~n ofProp, erty asking for Condition.al U§e: "FRAG $E$1= & FRAC $WSE 2.50 AG FI:lAG SWSE 2.50 AG 5. Map Showing Property Location with Circle Drawn within 150' thereof: 6. List of Propetty Owners of Record within the 150 Perimeters. (Obtained from the County Clerk and Recorder's Office first (4th floor of County Courthouse) and the Department of Revenue Office second (14th-floor oF W~llq Farc~n Bank Builaing in downtown Billings). 7. Existing Zoning:/./f~r,c~. ,.7',z~' 8. SpecificLandbeingRequest d: 1,3.63' tg/ ,f mr 9 Reason for Reouest~::~ I'~,~- ~,. c.- & 10. Scaled Drawing of the property showifig the'proposed use and improvements, adjacent land use, fences, driveways, etc.: ,/ 11. Other Information as may be required by the City. 12. Review fee paid and date paid: ~'-3c0- ('5- After the public hearing for the conditional use, the zonin C -- s a elay its recommendation to the City Council n_o_.lo. ' ays. The City Council shall publish notice of and ~fore the Council, consider the recommendation of the Zoning z~ ,C~mmission, and make its decision, ~ ,, ,, Equal Housing Opport-anity FULL RECONVEYA2~CE _ALDEN PED~SEN, of Billings, ~ontana, an attorney licensed to practica law in the State of Montana~ Trustee under a Trust Indenture executed by EDWARD J. FOSTER and LESLIE FOSTER, husband and wife, and DOUGLAS L. CAZIER and susAN CAZIER, husband and wife, Grantor, dated September 10, 1997, for the benefit of MELVIN C. VA~ BUI~EN and ~Q~RY LOU V3~N BURN, and recorded on September 22, 1997, as Docuraent No. 18@1543, of the official records of the office of the County Clerk and Recorder of Yellowstone County, Montana, having been requested in writing by the holder of the obligation secured by said Trust Indenture to reconvey the estate granted to Trustee under said Trust Indenture, does hereby reconvey, release and remise to the person or persons legally entitled hereto, without warranty of any kind, all the estate, title and interest acquired by Trustee under said Trust Indenture. The real property is described as follows: Ail of that certain piece and parcel of land in the SE1/4 of Section 8, Township 2 South, Range 24 East, P.M.M., in Yellowstone County, described as follows, to-wit: Beginning at a point one thousand nine hundred forty (1,940) feet West of the Southeast (SE) corner SE1/4 of Section Eight (8), running thence North 89 degrees 55' West a distance of 139.5 feet, thence running North 0 degress 5' East a distance of 755 feet, thence running South 89 de~rees 55' East a distance of 865.5 feet, thence running South 0 degrees 5' West a distance of 375 feet, thence running North 89 degrees 55' West a distance of 726 feet, thence running South 0 degrees 5' West a distance of 380 feet to the point of beginning. Excepting therefrom a 30 foot strip of land along the south boundary llne of said parcel of land reserved for puhlic highway. ~ DATED this 24th day of March, 2005. STATE OF MONTANA ) County of Yellowstone ) On this 24th day of March, 2005, before me, a Notary Public for the State of Montana, p~rsonally appeared ALDEN PEDERSEN, know~ to me to be within instrument as the person whose name is subscribed td the Trustee. Notary Public for theUtate of Montana Residing at Billings, Montana My Commission Expires 12-28-2007 Pedersen & Herdy 3~005-5