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HomeMy WebLinkAboutCity/County Planning Board Minutes 02.03.2000 MINUTES CITY-COUNTY PLANNING BOARD February 3, 2000 City Council Chambers MEMBERS PRESENT: OTI:[ERS PRESENT: John H. Smith, Cha/rman Ed Thurner, City Rep. Laurel Haggart, City Rep. Bud Johnson, City Rep. Kate Stevenson, City Rep. Betty Hart, County Rep. Kurt Baltmsch, County Rep. Clarence Foos, County Rep. Cai Cumin, City Planner Cheryll Lurid, City Secretary An error on the minutes was pointed out by Laurel Haggart to the Secretary regarding the chain of events on the motion to deny the zone change and the motion to have a ballot vote. The tape was reviewed by the Secretary prior to the meeting and the mistake was clarified as stated by Laurel. Secretary will correct the minutes. Motion by Laurel Haggart, second by Bud Johnson, to correct the minutes as needed. Motion can-ied. Motion by Kurt Baltrusch, second by Laurel Haggart to accept the minutes as corrected. Motion carried. Bud Johnson was introduced as the new member; he is a city council representative. The Planning Board meeting was temporarily closed and the zoning commission convened. Kukes Zone Change Request Cai stated that the City Council was advised by the City Attorney not to accept the January 6, 2000 vote on the Kukes Zone Change due to the vote being taken by paper ballot. The Council has asked the Planning Board to revote on the decision on the Kukes Zone Change. Motion by Bud Johnson, second by Kate Stevenson, to approve the zone change. Motion was defeated by a vote of 3-4 with Johnson, Baltrush, and Foos voting for the motion, and Stevenson, Hart, Haggart and Thurner voting against the motion. Continued Review of Home Occupation Application The City Council raised questions on the review and approval/denial of the applications. Cai drafted a response that reflected Council concerns and reviewed that with the Commission. During discussion a further clarification was made. (see attached) Discussion. If a complaint is received on a specific home occupation a review' would be done by the Code Enforcement officer and the business license could be revoked after giving the applicant a sufficient amount of time to come into compliance. Motion by Bud Jotmson, second by Betty Hart, to recommend approval of changes to the home occupation Ordinance 17.52.030 as recommended. (see attached) Motion carried 7-0. Review of Special Review Applications Cai passed out his ideas on changes to the application form for Special Review (attached). It had been suggested by a City Council member that the application be more specific in requesting information for the initial review. Discussion. Cai suggested that an addition of "other information as needed by the City" be added to "Attach Site Plan w/th:" section. Motion by Laurel Haggart, second by Bud Johnson, to recommend approval of the Application for Special Review form to the City Council subject to the addition of"other information as needed by the City" be added to "Attached Site Plan with:" section. Motion carried 7-0. Motion by Bud Johnson, second by Kate Stevenson, to reopen the Planning Board meeting. Motion carded 7-0. Cal's Contract with the City of Laurel The City Clerk informed Cal that the auditor's noticed that the contract was up on June 30, 1999, and would like the Board to renew the contract by a vote. Bud Jotmson asked Cai if he had a copy of the original contract. Cal will bring it to the next meeting. Motion by Ed Thurner, to approve Cal's contract up through March and then review the contract. DiscUssion. -2- Ed Thurner withdrew his motion. Motion by Bud Johnson, second by Kurt Baltrusch, to approve Cal's contract through June 30, 2000, and review the contract at a later date. Motion carried 7-0. The Board will review the contract prior to June 30, 2000 and make recommendations of change, if any. Motion by Bud Johnson, second by Betty Hart, to adjourn the meeting. Motion carried 7-0. Respectfully submitted, Secretary -3- CHANGES TO HOIV[E OCCUPATION ORDINANCE 17.52.030 (Planning Board July 1, 1999; Public Hearing: August 5, 1999) (Planning Board reconsideration February 3, 2000 aP[er return from City Council Meeting of January 8, 2000) 1. Changes to Home Occupation Request Form: A. Add Item 10 to form: "I have read and understand this application." with area for required signature of applicant. B. Attach a copy of the City ordinance regarding Home Occupations to the application. C. Provide approval/disapproval, signature, date, and comment lines for Public Works, Fire, and Planning Departments. 2. Change 17.52.030A3 to read: "No alteration of the dwelling unit or accessory buildings that change the character thereof as residential. If the activity for which a Home Occupation is requested is conducted at the residence, it shall be conducted wholly within the dwelling or an accessory building." 3. Change 17.52.030B3 to read: "Furniture, electronics, and appliance sales, repair, renovation and storage." 4. Delete 17.52.030B4 (referring to manufacturing of food products). 5. Delete 17.52.030B5 (referring to uses provided for in commercial/industrial zones). 6. Delete 17.52.030C. 7. Change the first paragraph of 17.52.030D to read: "Any person who desires a home occupation shall apply to the Planning Board for a home occupation on an application form provided by the City." Planning staff'shall review the application and approve it ~vithin .seven working days if it is found to comply with this section, schedule it for revtew~%~e ne,~ng board meeting ~f such meeting is at least seven working days fi`om the time it is scheduled for such meeting, or deny the application. Il'the application is denied by staff,, it shall ,~ be scheduled for the next planning board meetinge if such meeting is at least seven working days away from the date of denial. 8. Change 17.52.030E to delete the first sentence and substitute: Applications that have been reviewed by the planing board and denied shall be fbrwarded to the city council for fknal resolution. 9. Add 17.52.030F: Violation of the conditions and terms of approval of'the graining of a home occupation by the applicant after the home occupation has been granted shall be OCCUPATION REQUEST F0P24 Name Telephone ~11I LJF L,~U~[I'/ 115 W. 1st P.O. Box 10 Laurel, Montana 59044 Address Description of desired home occupation Answer the following questions with a yes or no; (explain all "yes~' answers) : Will any person other than a member of the immediate family occupying the dwelling be employed? (except for domestic help) 2. Will any stock in trade be displayed or sold upon premises? 3 o Will the character of the principal building be alSered from that of a dwelling? Will any illuminated signs be used? (City Ordinance dictates that no sign other than one giving the name and occupation and not more than one square foot in area be displayed) Will more than 25% of the area of one story of the building be devoted to the planned home occupation? Will any equipment be used in creates noise, vibration, glare~ interference? the home occupation which fumes, odors~ or electrical Will any equipment or process be used which creates visual or audible interference in any radio cr television receivers off the premises? Completely fill out the attached form listing the names, addresses, and telephone numbers of all residents living on property within one hundred (100) feet of your prooerty lin~. This includes property across the street or alley from your property. Include on the list all the information requested including property resident's signature indicating the resident understands this request and an indication of support or opposition to this home occupation. If this information is inaccurate or incomplete, it is grounds for denial of this request. A fee of $ 150.00 (one hundred fifty dollars), to cover the cost of administration, mush accompany this application before it will be accepted for processing. Prinked Name Address Phone 2. 3. 6. 7. 8. 10. 1! 12 13 14 15 16 17 18 19 2O Signature support/oppose (add more lines and pages if needed) OFFICE USE ONLY Approved/Denied ~ P lannin? 17.52.030 Home Occupation, A. Home occupation is permitted customarily incidental to the principal use as a dwelling subject to the following limitations: 1. No person other than a member of the in-anediate family occupying a dwelling is employed, except domestic help: 2. No stock in trade is displayed or sold upon the premises; 3. No alteration of the principal build- ing changes the character thereof as a dwelling; 4. No illuminated sign is used, and no sign other than one giving the name and occupation, and not more than one square foot in area, is displayed; 5. No more than twenty-five pement of the area of one story of the building is devoted to the home occupation; 6. No equipment shall be used in such a home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference, no equipment 6r process shall be used which creates visual or audible interference in any radio or television re- ceivers off the promises; 7. The home occupation shall be deemed to be both site specific and owner specific; thus, the use of a portion of a structure as a home occupation will not permit a subsequent owner an automatic home occupation designation. The new owner will be required to meet ail of the criteria contained in this section. B. The following activities are prohibit- ed from home occupation under this section: 1. Motor and motorized vehicle or bout repair of any kind, to include body and engine work, upholstery and glass repair, and audio system work; 2. Prefabrication of building construc- tion components such as, but not limited to, cabinets and heating and cooling systems: 17.52.030 in a dwelling 3. Furniture and appliance sales, repair or renovation: 4. Manufacturing of any food products for barter or sale: 5. Generally all those uses specifically and already allowed and provided for in Laurel's commercial and industrial zoning district as delineated in Chapter 17.20 of this title. C. The following are hereby declared to be customary home occupations as intended by this section: 1. Dressmaker, seamstress: 2. Music teacher;, 3. Artist, sculptor;, 4. 'Author;, 5. Emergency treatment onlyofpatients by physician, dentist or licensed dmgless physician; 6. Emergency interview only of clients by lawyers, architects, engineers and similar professions; 7. Minister; 8. Model homes in new developments for the purpose of maintaining an office during the period of development: upon one hundred percent completion of the project, the model home shall be used solely for dwelling purposes. D. Any person who intends to use a portion of his dwelling unit tbr a home occupation not delineated in subsection B.2 of this section shall be required to submit a written request to be designated a home occupation. This written request shall be submiltod to the planning board seven worldng days prior to their regularly sched- uled meeting. E. The planning board shall consider the request at their regularly scheduled meeting. The planning board shall recommend to the city council that the specific request for a APPLICATION FOR SPECIAL REVIEW Specific Special Review Request: Legal Description: General Location: Owner of Property:. Address of Owner: Phone # Applicant, if other than owner: Address of Applicant: Attach Site Plant with: Phone # __ dimension of property __ location of proposed use with dimensions __ adjacent streets and site access and egress __ adjacent land use __ off-street parking spaces, location, composition (if any) signs and lighting locations and sizes __ draft landscaping installation maintenance improvements agreement (if any, ref: Laurel Municipal Code 17.40.130). __ other information as needed by City Schedule for Development: Processing of this application will not start until it is complete and the fee is paid. "I understand that the filing fee accompanying this application is not refundable, and that it pays part o£the cost of processing. I certify that all information I have presented herein is true and correct. Applicant signature: Date: Petition No.