HomeMy WebLinkAboutCity/County Planning Board Minutes 06.07.2007DRAFT
Members present:
Others present:
MINUTES
Laurel City County Plarming Board
June 7, 2007 7:00 pm
Council Chambers
Gerald Shay, Chairman
Dan Koch, City Rep.
Greg Johnson, County Rep.
David Oberly, County Rep.
Deb Homing, City Rep.
Miles Walton, City Rep.
Hazel Klein, City Rep.
Cheryll Lund, City Secretary
The minutes of the May 3, 2007 meeting were approved by a motion from Miles Walton
and seconded by Deb Homing. Motion was carried 6-0.
Public Hearing- Variance for 1103 E. Main Street- Relief of Number of Units in
RLMF
PROPONENTS:
Brian Fiechtner spoke regarding the application.
The building at 1103 E. Main Street was lilt by a car in February of 2007. This building
is older and was built in the 1930's. An engineer inspected the building after the accident
and deemed it unsafe and unlivable. Because of this they decided to tear it down and
rebuild.
The building was originally 4-units but had been changed to a 2-unit building to make the
living spaces larger.
There is a rental unit to the east of 1103 E. Main that is a self-contained. This unit will be
torn down.
The proposal is to build a new two story four-plex that will be affordable for renters.
OPPONENTS:
There were no opponents present.
Board discussion:
The board questioned why the 3 sheds on the property are not shown on the drawing
submitted with the application and if there will be adequate tenant parking on the
property.
Brian Fiechtner stated that the 3 sheds located on the property are used to store extra
furniture for the furnished units. He suggested that he would consider removing the
sheds if need be.
He went on to state that there is adequate tenant parking. There are cars that park on the
street at this time. There is a 30' X 50' parking area available on the west side and a 30'
X 30' parking area on the west side.
Ray Fiechtner stated that zoning regulations require only 40% of the property be covered
with building. At this time they fall well under that requirement and even with the
construction of the proposed 2 story 4-unit building they will remain under the 40%
requirement.
For clarification it was stated by Chairman Shay that the variance requested is for
allowing more than 4 units on the property in a Residential Limited Multi-Family. The
variance is requesting that a total of 7 units be allowed on the property.
Chairman Shay went on to point out that the application states that the existing zoning is
Commercial Urban. This is incorrect. The correct zoning is Community Commercial
which (according to L.M.C. Chapter 17.20.020) states that dwelling units in that zone
shall have the same requirements as R.L.M.F. zoning which limits the amount of units to
4.
A discussion was held regarding on-street parking requirements. Chairman Shay stated
that parking requirements are a requirement that will be addressed prior to a building
permit being issued for the proposed 2 story 4-unit building.
The owner was questioned as to what they will do if this variance is not granted.
Brian Fiechtner stated they would probably build the unit back as it was, but is unsure if
he can do so. This issue of building a new 4-unit building has been going on since
February when City Planner Mark Richards told Ray Fiechtner that it wouldn't be a
problem to put a 4-unit building in and then assured Mr. Fiechtner that he would take
care of allowing it to happen prior to leaving his Planner position. Mark Richards did not
do anything on the issue so now the Fiechtners have been without income from the unit
since February.
All neighbors within 300' of the proposed variance were notified by mail and no
comments or protests were received.
2
The board discussed how this proposal could be a benefit and improvement to this
neighborhood; how granting this variance could set precedence for future applications;
and, what options the applicant has if this is not approved.
Chairman Shay read Chapter 17.60.020 - Land use variances issuance and denial -
Determination Procedure. (See attached)
A motion was made by Miles Walton, and seconded by Deb Homing to
recommend to the Laurel City Council that the variance for 1103 E. Main Street be
approved. Motion carried by a vote of 5-1 with Oberly voting No.
A second motion was made by Miles Walton, seconded by Deb Homing, to
recommend to the Laurel City Council that the variance for 1103 E. Main be approved
subject to the removal of 1103 and 1103 ½ E. Main prior to the new building being built.
The motion carried by a vote of 5-1 with Oberly voting No.
Discussion on Amending the Laurel Schedule of fees and Charges for Court ,ty
Subdivision Plat submittals - Requested by Yellowstone Count~ Commissioners
David Oberly and Dan Koch attended the Yellowstone County Planning meeting on May
17, 2007 at the request of the Yellowstone County Commissioners.
The County Commissioners would like the City of Laurel to consider changing the fee
schedule for County Plats to be the same as the fees that Yellowstone County charges.
This would mean that all of Yellowstone County would have the same fee schedule.
Both David Oberly and Dan Koch agree that the fees should be changed to help make the
fees consistent throughout Yellowstone County.
Wyeth Friday from Planning & Community Services Department spoke.
The fees that the Commissioners are suggested be changed are only fees that are charged
outside of Laurel City limits.
Greg Johnson asked if some of the fees go to pay the City Plarmer's position and if
changing the fees will cause a problem with the City of Laurel's budget.
Wyeth stated that the fees at this time are being paid to Yellowstone County, as per the
agreement that was signed by the City of Laurel.
A motion was made by David Oberly, seconded by Dan Koch, to recommend to
the Yellowstone County Commissioners that Laurel adopt the same fee structure for
Laurel County Jurisdictional area as Yellowstone County fees. Motion carried by a vote
of 6-0.
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Miscellaneous
Mayor Ken Olson was present and requested that the Plarming Board appoint a member
to sit on the interview committee for the new City Planner. There will be 6 people on the
committee. Those people will be: The Mayor; Public Works Director Steve Klotz; City
o£Billings Planner Candy Beaudry; Cheryll Lund, Planning Secretary; a Planning Board
Member and the Clerk-Treasurer Mary Embleton.
David Oberly nominated Gerald Shay.
Gerald Shay declined the nomination.
After a short discussion Chairman Shay appointed David Oberly to sit on the Committee.
The Board took the opportunity of the Mayor's presence to ask questions regarding many
different issues within the City of Laurel.
The meeting was adjourned at 8:30 pm.
Respectfully submitted, ~
CherylFLund, Secretary
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17.60.010
Chapter 17.60
ZONING COMMISSION
Sections:
17,60.010
17.60.020
Powers and duties.
Land use variances
issuance and denial--
Determination procedure.
17.60.010 Powers and duties.
The city-county planning board shall act
as a zoning commission whose duty it shall
be to recommend the boundaries o£the vari-
ous original districts and appropriate regnla-
tions to be enfomed therein. (Prior code
§ 17.08.010)
17.60.020 Land use variances issuance
and denial Determination
procedure.
A. It shall be the duty of the zoning com-
mission to authorize, upon appeal in specific
cases, such land use variances from the temps
of the zoning ordinances as will not be con-
trary to the public interest, where, owing to
special conditions, a literal enforcement of the
provisions of the ordinances or regulations
will result in unnecessary hardship, and so
that the spirit of the ordinances shall be ob-
served and substantial justice done. The zon-
ing commission shall, after a public hearing,
make a recommendation to the mayor and
conncil concerning the land use variance ap-
plication.
B. The zoning commission shall not rec-
ommend that land use variances be granted:
i. Uuless the denial would constitute an
unnecessary and unjust invasion of the right of
property;
2. Unless the grant relates to a condition
or situation special and peculiar to the appli-
cant;
3. Unless the basis is something more
than a mere financial loss to the owner;
4. Unless the hardship was created by
someone other than the owner;
5. Un]ess the variance would be within
the spirit, intent, pt~rpose and general plan of
this title;
6. Unless the variance would not affect
adversely or injure or result in injustice to
others; and
7. Ordinarily unless the applicant owned
the property prior to the enactment of this title
or amendment. (Prior code § 17.08.015)
(Laurel Supp, No. 5, 4,07} 432
CiTY OF LAUREL
· ,U, Hnv
This application covers appeals from Cecmszons of the City Building
inspector and for requests for variances concerning setbacks,
structure heights, let coverage, etc. but not for variances that
change allowed land uses.
the undersigned as c~ler or agent of owner of the following
described property re_quests a variance to the zoning Ordinance of
tko City of Laurel as outlined by the laws of the State of Montana.
2.
3.
4.
Street address and general location:
Present zone classification:
Re~ested variance/appeal:
Attach site plan showing ingress/egress, 'off-street parking,
existing building locations (use eolid 'lines} , proposed
builaing additions {use dashed lines), and other
relevant to the variance.
~06-
(recsraed owr_er (s)
(mailing address}
(te~ e~kone
Agent (s)
(address)
(telephone
Provide copy cf co~-e~=an=s- ~ or deed restrictions on properuy.
! understand that the filing fee accompanying this application
is not refundable, that it pays part of the csst of processing, and
that the fee does not constitute a pay~ene for a variance, i also
understand i or ~y agen~ ~ust appear at the hearing of this recfuest
before.the Soard of Adjustme%t. Ail of the information
Fee: 8500 ~ r~idential variance; $1,000 Br comme~ial variance. Fee ~. ~J~ Date ~- ~ - 0 ~
Date application received: ~i <~_ ~
April 2, 2007
Mark R/chards
Planning Director
Box 10 Laurel, Mt 59044
DearMr.,~chards,
This letter is written concerning the property located on lots 16, 17, 18, 19 of Nutting
subdivision, block 13, Laurel Montana 59044. On Feb 10, 2007 a vekicle ran into the
building located at 1103 East main. Upon working with structural engineers the
conclusion is that the building is no longer safe to occupy. Therefore, due to the
extensive damage, the age of the building, and costs associated with repairs, it is my plan
to tear down the entke build'rog and rebuild a new one in its place.
The building at 1103 east ma'm was buik in the 1930's. When originally built, it had four
self contained rental un/ts. It is currently divided into two rental units, so the tenants
don't have to share a bathroom. I purchased the property in 1981 and have been renting
it to Laurel residents for 26 years. There is also a separate building, which t rent, located
at 1103 ½ east main apt 7. It is also a very old building which I would tear down and not
rebuil& Tiffs would add to the square feet available to build on the property.
As I understand, the issue is as follows:
After ~lldng with Craxy Cotley ami Steve Klotz they recommended that I bring this issue
to your attentiom They mentioned that there may be an issue concerning the number of
rental units located on tl~ propeaty. What I am p~g is to rebuild the building back
to the original four units when it was first built. There is no problem with the square feet
requirement as there is ampte room to b~itd with n~ violations, t woutd be tearin~g down
two old lafilding which I am sm-e would not meet today's building codes with a brand
new roux rental unit baildino~ The ne~v tx~lding would be very '~rac4~¥c ~ 13u/t~. k~ nvz~l
current codes. The square feet of the replacement building v/ould be large~ fl~am ~
ori~nal~ lint would not exceed the square feet limitation of the property.
Thank you for your consideration, I am looking £m'ward *o receiving your reply, l£yms
have any questions or concerns please call.
Sincerely
Brian Fiechmer
Owner
4215 Hillerest Road
Billings, Mt 59101
406-670-4475 - cell
406 -255-0247 - Home
Cc Gary Colley
Steve Klotz