HomeMy WebLinkAboutResolution No. R17-15 RESOLUTION NO. R17-15
A RESOLUTION OF THE CITY COUNCIL APPROVING AN APPLICATION FOR
SPECIAL REVIEW SUBMITTED ON BEHALF OF TOWN AND COUNTRY SUPPLY.
WHEREAS, LMC 17.20.020 states cocktail lounges, restaurants, bars and taverns are only
allowable in properties zoned Highway Commercial by Special Review; and
WHEREAS, Town and Country Supply, which is zoned Highway Commercial, desires to sell
alcohol on the premises; and
WHEREAS, Town and Country Supply submitted an application for special review to the Laurel-
Yellowstone City-County Planning Board for review and consideration. The Planning Board (sitting as
the zoning commission) recommends the approval of the application for special review, subject to the
following condition:
1. Property shall be kept free of noxious weeds;
WHEREAS, the City Council of the City of Laurel hereby finds it is in the best interests of the
residents of the City of Laurel to approve the application for special review as articulated in the Staff
Report and Findings attached hereto, subject to the above stated condition.
NOW THEREFORE, BE IT RESOLVED that the owner's request for approval of an application
for special review to serve alcohol on property zoned Highway Commercial is hereby approved for the
property located at 817 West Main Street, Laurel, Montana.
BE IT FURTHER RESOLVED, that the approval of the application for special review is site
specific to this address, and the approval granted herein is subject to the condition listed herein.
Introduced at a regular meeting of the City Council on May 2, 2017, by Council Member
Stokes
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 2nd day of
May, 2017.
APPROVED BY THE MAYOR this 2nd day of May, 2017.
CITY OF LAUREL
ATTEST: Mark A. Mace, Mayor
Bethany Keeler, it reasurer
APPROVED AS TO Flo RM:
Sa . Painter, ivil City Attorney
R17-15 Approval of Special Review—Town and Country Supply
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LAUREL CITY-COUNTY PLANNING DEPARTMENT
STAFF REPORT
TO: Laurel City Council
FROM: Noel Eaton, City Planner
RE: Special Review—Town & Country Supplies
HEARING
DATE: May 2nd, 2017
DESCRIPTION/LOCATION:
Town & Country Supplies has submitted an application for special review.The affected property is
located at 817 West Main Street in the City of Laurel.The Parcel is zoned Highway Commercial.The
applicant is requesting a special review for the sale of alcohol at an existing restaurant.The property is
legally described as 508,T02 S, R24 E,COS 3590, Parcel 1(16).
STAFF FINDINGS:
Applicant Data:
Owner: Thomas Barton
Legal Description: S08,T02 S, R24 E,COS 3590, Parcel 1(16)
Address: 817 West Main Street
Parcel Size: 75,054 Sq. Ft.
Existing Land Use: Gas Station,C Store,Casino
Proposed Land Use: Casino with sale of Alcohol
Existing Zoning: Highway Commercial
Surrounding Land Use and Zoning(See Exhibits A&B)
North: Zoning: Residential Multi-Family Land Use: 8th Ave Townhomes
South: Zoning Highway Commercial Land Use: Ace Electric
East: Zoning Central Business Dist. Land Use: Residential
West: Zoning: Highway Commercial Land Use: Residential
1. The application and zoning map are attached.
2. The application is requesting a special review from LMC 17.20.020 which states "cocktail
lounges, restaurants, bars and taverns" are only allowable by Special Review in properties
zoned Highway Commercial.
3. The sale of alcohol will occur at the Casino.
4. LMC 17.48.090 states that "No building,structure or premises shall be used for retail
alcoholic beverage sales unless:
1. The lot or parcel of land so to be used has a street frontage of at least 100' and an
average depth of at least 100'
2. A distance of 600' between property lines measured in a straight line from any
building that is primarily used as a church or school, or from a public park that
contains a children's playground or playfield.
This property has a street frontage of at least 100' of street frontage and is not within
600ft of a school church or public park, playground, or play field.
5. The advertising requirements of LMC 17.68.030 C-E have been met.
ZONING COMMISSION CONSIDERATIONS AND RECOMMENDATION:
The Zoning Commission shall review and make determinations on the following chapters
and sections of the Laurel Municipal Code (LMC):
As per LMC 17.68.040 the Zoning Commission shall make a recommendation to the
Governing Body to:
1. Grant the application for special review;
2. Deny the application;
3. Delay action on the application for a period not to exceed thirty days; or
4. Grant the application subject to conditions and recommendations and give the
reasons therefor.
A vote was taken on the motion to approve the Special Review for Town and Country for the sale of
alcohol on the premises with staff report,staff findings and staff suggested conditions of approval. The
motion carried by a vote of 5—0.
STAFF SUGGESTED CONDITIONS;
If the Planning Board recommends approval of the Special Review,the following conditions
are suggested:
1. Property shall be kept free of noxious weeds.
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