Loading...
HomeMy WebLinkAboutCity/County Planning Board Minutes 11.12.1998MINVTBS CITY-COUNTY PLANNING BOARD November 12, 1998 7:00 p.m. . Council Chambers MEMBERS PRESENT: John Smith, Chairman Gerald Shay, Member-at-Large Kurt Baltrusch, County Rep. Miles Walton, City Rep. Tom Robertus, County Rep. Clarence Foos, County Rep. Ziggy Ziegler, County Rep. Charles Fischer, City Rep. Betty Hart, County Rep. Ed Thurner, City Rep. OTHERS: Cal Cumin, City Planner Cheryll Lund, City Secretary Kathelene Prather Kelly Moon Bill Thorndahl Karrie Seaman Motion by Miles Walton, second by Betty Hart, to approve the minutes of the September 10, 1998 meeting. Motion carried. Motion by Miles Walton, second by Gerald Shay, to approve the • $400 bill for 2 months of administrative services for October and November of 1998. Motion carried. HOME OCCUPATION APPLICATIONS: Bill and Margaret Thorndahl of 909 3rd Avenue have applied for a home occupation to sell wholesale gem out of their home. They have no other employees and no customer's coming to their home. Their sales are done over the phone or computer. They do have UPS delivering packages to their home. Cal recommends approval of this home occupation subject to no customers coming to the home. Motion by Charles Fischer, second by Betty Hart, to recommend approval of Bill and Margaret Thorndahl's home occupation for wholesale gem sales at 909 3rd Avenue. Motion carried with 8 yes votes and one no vote. REQUEST FOR WAIVER OF THE HOME OCCUPATION REQUIREMENT AND FEE FOR KARRIE SEAMAN (no paperwork attached to minutes) Karrie Seaman of 615 Hazel has requested that she not have to apply for a home occupation for her cleaning service. She does not do • any work at her home except for filling in her time ticket. She 1 does not advertise. Her clients are obtained by-word of mouth. All of her bookkeeping is done by a certified public accountant. The reason Mrs. Seaman is here is because she filled out an application for a business license and put her business address as • her home. The office staff at City Hall told her that she would be required to go through the home occupation application. It was suggested by Cheryll Lund that she bring her special request to the Planning Board. Discussion by Board. Cal states that Mrs. Seaman does need a home occupation to run her cleaning business due to the fact that she lists her business address as her home. If a business license is needed and the address is listed as her home then a home occupation is required. Miles Walton agrees with Cal. The system is in place and we should not be making any exceptions to the rule. Kurt Baltrusch states that the reason for the home occupation in a residential area is to keep residential zones residential and business zones for the businesses. Mrs. Seaman needs a business license for tax purposes. It's suggested that she question her accountant and see if there is a way of getting around the business license requirement for tax purposes. Motion by Gerald Shay, second by Milea Walton, to recommend to the City Council that Karrie Seaman needs a home occupation before • obtaining her business license. Motion carried with 6 yes votes and 3 no votes. KATHELENE PRATHER AND MOLLY MOON - REQUEST FOR WAIVING OF FEE AND NEIGHBORING PROPERTY OWNERS LIST WITHIN 100 FEET FOR HOME OCCUPATION AT 1121 1/2 W. 4TH STREET. Kathelene Prather and Molly Moon have requested that the fee of $150 for home occupation at 1121 1/2 W. 4th Street be waived and that they not be required to provide a list of all property owners with 100. feet of. the property, as required on the home occupation , request form. Kathlene and Molly are trying to get a Laurel Welcome Wagon started. They will go to local business and get donations for the new residents that move to Laurel. It is estimated that there are between 60 and 70 new families per year that move into Laurel. They are paid for each new resident that they go to visit with their welcoming gifts. She is a single, disabled mother, that is on state welfare assistance. She would like to get off of welfare and be able to support herself. She cannot afford to pay the $150 fee and wants the fee waived because she feels it is not an appropriate fee and the fact that she lives out of town. (NOTE: She is within our • 2 zoning jurisdiction and is in a residential zone.) She is also requesting that she not have to go around to the neighbors within 100 feet of her property to notify them of her intent. She states • that is an invasion of her right of privacy. She states that her neighbors do not care what she does and no one can even see her home because it is so far away from any neighbors. Question regarding any additions of employees? She does have one partner that works with her. Discussion by the Board. General consensus is that everyone applying for a home occupation is required to pay a fee. Mrs. Prather is going to be running a profit making business and she should be required to pay the same fee as everyone else regardless of her personal situation. It was suggested that she contact the Chamber of Commerce to see if she would sponsor her or help with the fee. She has gone to the Chamber and they told her this would be considered a self-employed business. Question on whether or not there is a Welcome West welcome wagon in Laurel. Charlie Fischer stated that about a month ago he was told that Welcome West is still an operating business. Cal recommends not to waive the fee for this applicant as there is no good reason other than monetary. He also feels her request to • waive obtaining the neighbor's signature is not a valid one because it would not take much effort on her part to do so, and it is a requirement on the application. It has always been an important part of every home occupation that the board has considered over the years. Cal feels she also has some other avenues she can pursue regarding this, such as contacting the Chamber or other non-profit organizations. Motion by Betty Hart, second by Tom Robertus, to deny the waiving of the home occupation fee for Kathy Prather and Kelly Moon for a welcome wagon. Motion carried with 8 voting yes and 1 voting no. ZONE CHANGE AT 602 SOUTH 6TH STREET. The zone change is being requested from light industrial to residential manufactured home. There are 3 parties involved in this application and no one appeared at the meeting. Cal stated that he would like to see the application move forward even without the applicant being present. The reason for this request is because right at this time there is a home on the property that is in need of renovation and with the light industrial zoning on the property anyone purchasing the home cannot get a mortgage. 3 Cal states that this would actually be less impact on the school by having the property as a residential zone rather than an industrial zone. Cal recommends approval. Discussion by board Motion by Clarence Foos, second by Charlie Fischer, to recommend approval of the zone change from light industrial to residential manufactured housing for 602 S 6th Street. Motion carried with 7 voting yes and 2 voting 2. Motion was made by Gerald Shay, seconded by Miles Walton, to add an item onto the agenda: The update on the O'Toole case. Motion carried. UPDATE ON O'TOOLE'S MANUFACTURED HOME. Cal updated the board on the court case between the City of Laurel and the O'Tooles regarding the placement of a manufactured home in a zone where it is prohibited. Cal stated that the City decided to drop the case due to the statute of limitations being up. The O'Toole's lawyer put a big article in the Gazette that stated the O'TOOle's had won the case, but that was far from untrue. The City will not tolerate any future violators and the City Attorney has already said he will pursue the next violator if need be. Cal wants the Planning Board to think about and consider expanding the use of manufactured homes in other zones besides the manufactured housing zone. Cal will prepare some proposal's regarding this issue and bring it to the December meeting. A public hearing will be held on this issue in the near future. The meeting was adjourned at 5:15 pm. Respectfully submitted, Cheryl Lund, Secretary 4 • City of Laurel PLANNING BOARD LAUREL. MONTANA 69044 P.O. BOX 10 APPLICATIOP! FDRM DEPARTMENT The undersigned as owner or agent of the following described property requests a Zone Change/Land Uae Variance as outlined in the City Zoning Ordinance: iaaare891 ~ ~- ~phone..num er, fi. Covenants or deed restrictions on,propertye Yes No~(If• yes',.3nclude copy? -. I understand ..that the fi3.ing.fee'accompanying this application'is not refundable, that it'>gays'gart.oP; the cost in processing, and that.the.:fee.does not constitute ..payment for a Zone Change/.L'and Use variance:. Also., .,that a?1. information.gresented!is true and correct..'Petitloner;:`must"be:',:preserit.at hearings. Petition No. '°"'1 ~ ..Fee ~ Paid L.IC.~ Petitioner~*'s~, signature ~hi~1~YV~L~4C~, Date Lb ' dU-98 • ~ a 6 N x z °~ a a ' o N ~ to ~ a ~ s ~ ~ ro a ~ an q > N m m ~ m N m ~ ~ Y O . ~ - ._. ~ i ~ ~ q 0 n w N O V m ~ n s m g T o a (] ~ p m n ~ /~ Y \ ,~\, ,, ~. Friday, Mavemtrer 1J, 1888 Q2:22:18 WM • n1EnI~ SLT3.TF.CT: Findings and Conclusions Regarding 7_one Change Request by'I'hompson for Property at 602 S ?rd. TO: FI2OA1: DATE: LEGAL C0:1~A~fENTS Laurel7.oning Commission Cal Cumin, Laurel Planning Director November 11, 1998 The Laurel 1Llunicipal Code (17.72.050 (G)) requires that, "The plarueing director shall report his findings and conclusions in writing to the rezoning commission, which report shall be a matter of public record." State code {MCA 76-2-304) references the `Purposes of zoning': { 1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to • secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, schools, parks, and other public requirements. (2) Such regulations shall be made with reasonable consideration. among other things, to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of [and throughout such municipality. SPECIFICS OF ZONE CHANGE REQUEST Applicant wishes to rezone property from Light Industria} (Ln io Residential Nlanufaciured Housing (RMH). Applicant wishes to sell the home to a buyer interested in renovating the home as a residence. The finance company will not refinance if the house cannot be rebuilt in case i[ is destroyed-an existing wndition because the property is zoned industrial and the use is residential. The existing house is anon-conforming use on the property. Under 17.20.010 of the Laurel City Code, asingle-family dwelling, such as Thompson's, is allowed on in the RMH Zone (but not in the LI Zone). Hence the request for re-zoning. This site is adjacent to existing RMH zoning (across the interstate to the south-which is considered adjacent). I think residential is better in this area by schools and parks and other existing residential uses. The change will no[ adversely affect the small Lumber yard to the west Firstly, renovation of the structure will add value to the residential neighborhood. PAGE 1 65'7 1345 CITY HALL 115 W. 1ST ST. WORKS: 628-4796 TER OFC: 628.7431 CfRT: 628-1964 FAX: 628-2241 City Of Laurel P.O. BOX 10 Laurel, Montana 59044 OCTOBER 23, 1998 NOTICE OF PIIBLIC HEARING 11 MONT~ PLANNING BD. DEPARTMENT NOTICE IS HEREBY GIVEN that the Laurel-Yellowstone City-County Planning Board will hold a public hearing on Thursday, November 12, 1998, at 7:00 p.m. in the Council Chambers of City Hall, Laurel, Montana, for the purpose of reviewing a proposed zone change from Light Industrial to Residential Manufactured Homes for the following described property: Certificate of Survey # 1222, Tract A. Address is 602 S. 6th Street, Laurel, Montana. Information concerning this proposed change can be obtained at the. Office of Public Works Director, 115 W. First St., Laurel, Montana. Anyone wishing to protest or speak in favor of the proposed change may appear with or without counsel. John Hawley Smith, Chairman Pub. 2 times: 10/28/98 & 11/4/98 City Of Laurel is an EEO Employer Equal Housing Opportunity t' - ~; . Y... ~-. • CITY OF LAUREL HOME OCCUPATION REQUEST FORM Date 1 0/ 1/ 9 8 Name Bi11 & Margit Thorndal Telephone 628-7988 909 3rd Avenue, Laurel, Montana Description of desired home occupation Madagascar Imports wholesale gem dealer. Selling gems and minerals from Madagascar. Answer the following questions with a yes or no; explain any `yes' answers: 1: Will any person other than a member of the immediate family occupying the dwelling be employed (except for domestic help)? N o . 2. Will any stock in trade be displayed or sold upon premises? No . 3. Will the character of the principal building be altered from that of a dwelling? N o . 4. 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 disnlaved.l N o . 5. Will more than 25 percent of the area of one story of the building be devoted to. the planned home occupation? Yes. We will remodel the garage at the back of our property, making it an office. 6. Will any equipment be used in the home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference? No 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? N o 8. 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 rp o~ertv line. This includes property across the street or alley from your property. Include on the Gst 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. ~ 15O 9. A fee of $®'~, to cover the cost of administration, must accompany this application before it will be accepted for processing. _\~ _ INFORMATION: Home occupations are deemed to be site specific and owner specific. Thus, the use of a • portion of a dwelling for a home occupation will not permit a subsequent owner an automatic home occupation designation. PROCEDURE: 1. Complete this Home Occupation Request Form and submit it to the clerk in the City Engineer's Office seven (7) working days prior to a regularly scheduled meeting of the City-County Planning Board (which usually meets on the second Thursday of each month). 2. The Planning Board will consider the request at their meeting. Attendance by the applicant for home occupation or his representative is required at this meeting. 3. The Planning Board will make a recommendation to the City Council that the request for home occupation be granted or denied. 4. The City Council, at its next regularly scheduled meeting, will consider the Planning Board's recommendation regarding the home occupation and approve or deny the request. The applicant or his representataive must also attend this City Council meeting. If the Council approves the home occupation the applicant must then go to the Council's Business License Committee for the actual business license to operate the home occupation. SKETCH: In the space below, provide a sketch with basic dimensions showing the locations of your planned business in your home in relation to other areas of the house. Include any storage area the business may require. y1 M e !~"~{{ 0~'Cr~~. -'-1 L.J Printed Name Address Telenhnne Sionahire Gmnnrt/rlnnnce 1. ~D~ i~ Cr 908 3'~A a G28-68/.3 ~"-' 3. / l7~'n , ~ / ~ rt /,~ ~ ~`/~ :25,x'- L' ~/ ~~ X 4 ~. ~ ~ i~ l U.e 5. L- r. ~ ~ 1,. ca ~ - -- r,. 6. ~~ r ~ /~ ~~ 0 ", . -~ 'i, /,r„ , vim, % -f _ ~% ' ,, to / ~ al 1 ~Zcf ~J'=' ,ALB' Z~.s.~ 3~f y/ 12. ~ / , %1 13. 70 ~`~~/er 2~~- ~Z~ 14. / ~ ll ,L... 16. 17. 18. 19. 20. (Add more Gnes and pages if needed.) C73HmOc CITY OF LAUREL HOME OCCUPATION REQUEST FORM Description of desired home -CITY OF LAUREL 115 W. lst P.O. Box 10 Laurel, Montana 59044 Answer the following questions with a yes or no; explain any `yes' answers: 1: Will any person other than a member of the immediate family occupying the dwelling be employed (except for domestic help)? ~~-~ ~ ~ S - ~ f 4 ~~{~{~()() ~ 2. Will any stock in trade be displayed or sold upon premises? I(1 3. Will the chazacter of the principal building be altered from that of a dwelling?~ 4. 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 squaze foot in azea be displayed.) ~']~ 5. Will more than 25 percent of the area of one story of the building be devofted to. the planned home occupation? fly -' ~i r hP n f~l P . ~ ht~r~ f/1n ~1'~ 6. Will any equipment be used in the home occupation which creates noise, vibration, glaze, fumes, odors, or electrical interference? '(1Il 7. Will any equipment or process be used which creates visual or audible interference in any radio or television receivers off the premises? 8. 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 ro e line. 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. 9. A fee of>! X50, to cover the cost of administration, must accompany this application before it wilhb/e~accepted for processing. ~ ,,/ Date ~ ! ~CI NFORivIATI'ON: ,' .Home occupati'ppS,~re, deemed to be site specific and owner specific. Thus, the use of a portion of a dwelling for a home occupation will not permit a subsequent owner an automatic home occupation designation. PROCEDURE: ~~ 1. Complete this Home Occupation Request Form and submit it to the clerk in the City Engineer's Office seven (7) working days prior to a regularly scheduled meeting of the City-County Planning Board (which usuall meets on the second Thursday of each month). 2. The Planning Board will consider the request at their meeting. Attendance by the applicant for home occupation or his representative is required at this meeting. The Planning Board will make a recommendation to the City Council that the request for home occupation be granted or denied. 4. The City Council, at its next regularly scheduled meeting, will consider the Planning Board's recommendation regazding the home occupation and approve or deny the request. The applicant or his representataive must also attend this City Council meeting. If the Council approves the home occupation, the applicant must then go to the Council's Business License Coaunittee for the actual business license to operate the home occupation. SKETCH: In the space below, provide a sketch with basic dimensions showing the locations of your planned business in your home in relation to other areas of the house. Include any storage area the business may require. K~ n ~ ~~~~~P r-~a~~ fo G rr~~%- ~ d~~ . ~( ~-~/ ~' ..e a /~ ~ ~vrcfi a n ~ ~'-~-ucr'h r.~ ~ cC,c~.K t~ . y~~/J /~l~c,~-/J ~~ ~ f~~ °~cao r-~ y-- ba~'~, rov n-l ~ a~~ ~~ ~' .~ ~~~~"'1 ~Rt,~~ ~64 h CITY OF LAUREL P.O. BOX 10 LAUREL, MONTANA 59044 67.8-7431 EXT. 2 LICEN98.~ *** BIISINESS LICENSE APPLICATION *** 1. Name of Bus 2 3 4 Phone / o~~~ / ~ 3 S Address of Business ~ Id~~ /d-l/`1 '~i '~"' a.~/l, City ~.lA.~.l.'lP nn GG State ~_ Zip Cade ~~L` Mailing Address ~l~m C 5. Describe Services to be Off 7U~ 6 . Owner' s Name rr~~.,, - - c.~~Phone ( O ~ ~ ( ~ ~J 7 . . Owne~~e ~me Address- ~~~ ~ J~ Y~-- ~ I~. LL ~-V (. 1 8 . ra°~>>°-' ° Name ~ 9"l~. l l ~-I ~~~ Vl Phone ! ~~ oc.`~np(Z ~9. Mar_ag~r's-Home Address 10. Signatu/r~e of Appl/ica~n,!t 11. Date ( J~~ ~Cl mar/ ~~~~ ~r***ii~:Fi***i*:F***iri*:k****:E******#**:ki it lF#i*:Fir****ir******#*#i:F*****ie**:k*i CERTIFICATION I hereby certify that I have filled out the application to the best of my knowledge and understand the provisions of the City Ordinances regarding General Business Licenses (Chapter 5.04). I further understand that nay person providing misinformation upon this application shall be guilty of a misdame r punishable of up to $ 500 and si:c months is jail. L / ~/ Signature of Owne~~~ Date ~7 ~, < ~ / a a+ii#i++*tt+i+++++tt+iiii +i+t++ii+iti+; tiii+iii++t++i++f iii++i+i+++it+li*+ii+iii+iiti *** OFFICE USE ONLY *** Home Occupation Required (Y/N) Date of Fire Inspection Fire Inspector's Signature ~icense Issued by Approved (Y/N) Date Approved (Y/N) Date ~~ ~~~~ ~n G~~~ ~ ~~ s • November 12, 1998 TO WHOM IT MAY CONCERN I, Kathy Prather and my partner Kelly Moon have been asked to write this letter of explaination to have the application fee of $150.00 and neighboring consent waived for the Laurel Welcome Wagon. First of all this the dollars here and this will .also employ taking $150.00 "out of doing something bene inappropriate to ask of is a needed service in the town to keep not neighboring community business and two low-income mothers. We feel that our children's mouth", so to speak, for ficial for our town is wrong and us. This business will be run outside city limits, with no neighbors closer than a three block distance. There will be no extra traffic or noise. We don't feel this is necessary to bother neighbors over something that will in NO way affect them, and is also an invasion of privacy. It is a simple procedure for how this business will operate; first, business's will sponsor us to visit new-comers and give them a package with the area business' cards, gift, coupon, etc. on a monthly basis A new-comer list will be provided by one of the Billings Welcoming Services. Our monthly schedule will involve; picking up the Welcome material from the business', assembling the Welcome packages, calling the new-comers, delivering packages and collecting sponsorship fees. As you can see there will be no extra noise or traffic to disturb the neighbors. When considering our request to waive the $150.00 fee and consent from the neighbors, please remember the good that this will do for our community, and how this will also provide an independent income for two low-income mothers. Sincerely, . P.S. - IIP we are unable to resolve ~i~/~ this situation, one of our other (. options is to work through one of the fillings Welcroming Services. We will be using those area sponsors which will not promote the business' in Laurel. We have been attempting to start this service for the past three months and oar time is running out. An irt¢nediate response would be greatly appreciated.