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HomeMy WebLinkAboutBoard of Adjustment Minutes 11.18.1997 BOARD OF ADJUSTMENT NOVEMBER 18, 1997 6:00 OLD COUNCIL CHAMBERS MEMBERS PRESENT: OTHERS PRESENT: Andy Muri, Chairman Bob Western Bruce Teeters Marvin Carter Johnny Goodman Cal Cumin, City Planner Larry McCann, Acting Public Works Director Cheryll Lund, City Secretary Mr. & Mrs. Ramin Massing Rod Anderson Petition No. 97-03. Ramin Massing - 705 W. lath An application for variance was submitted by Mr. Massing at 705 W. 14th. Mr. Massing gave some background on why the application was made. He had provided a drawing to the city, as required to build a garage on the corner of W. 14th and Willow Circle. The drawing he submitted did not show that Mr. Massing was on a corner. He went by the setbacks in his covenants which states 20 feet from the front property line and 6 feet from the side property line. He was unaware of the city's required 20 feet from the side property line on a corner. The background of the project was reviewed. Based on the drawing Massing submitted, the city issued him a permit on September 7, 1997. Mr. Massing's contractor stated that he called the city offices on a Friday and asked about the requirements for footings. He was given the information by Dave Michael, but Dave did not make an onsite inspection. (The contractor stated that he did not ask for an inspection). When the contractor (from Powell, Wyoming) came to town on the next Tuesday he noticed that the building permit was not signed off for the footing excavations; he went ahead and poured the footings without the required inspection signature. The contractor stated at the meeting that he did possibly make a mistake by pouring without the signature but, because he had talked to Dave Michael regarding the footings, he assumed an inspection had been done. On September 28, 1997 Jim Flisrand was jogging by the address of 705 W. lath and noticed that the footings were poured in violation of the 20 foot setback. On September 29, 1997 Larry McCann went up to the site and issued a stop-work order and explained to Mr. Massing that, if he wished to proceed as he had started, he needed to go to the Board of Adjustments and request a variance. At the meeting Larry McCann read from the Uniform Building Code regarding issuing building permits and the responsibility of the applicant to provide the correct information. Mr. McCann pointed out the provision that the issuance of a permit by the city does not approve an applicant not meeting code requirements. The question on why the City did not go out and make a preliminary inspection, and why a footing inspection wasn't done even though the city was given the required 24-hour notice was raised by the Board. Cal made a clarification on what subdivision covenants are and that the city does not enforce covenants. Cals recommendation: Cal stated that zoning regulations have been established in Laurel for decades, and property owners should make themselves aware of the zoning rules for their neighborhood. Ignorance of the law does not justify not abiding by the rules. He can find no reason to grant this application. He agrees that there were errors made on the side of the owner, contractor and city. But that does not justify breaking a code. Cal went on to say that corner setbacks are critical. West 14th Street is a long street and Willow Circle is sloped, and there is not a stop sign on that corner. Icy conditions do exist in the winter months, and, if a building is allowed in the setback- interfering with clear sight distance, a traffic accident could happen. The Board Question asked why there is not a stop sign at that cul- de-sac and if there could be one placed? Larry stated that a traffic study would have to be done before a stop sign was placed. The traffic study would have to justify the placement of the stop sign. Bob Western talked about the liability to the city should the Board allow them the garage within the setbacks. He has a hard time putting the city's neck out on a possible liability issue should an accident occur. Marvin felt that the property owner is the one taking this on the chin. They have money wrapped up into this project. He feels the city is at fault. Andy Muri felt the City didn't do their job and that the permit should of never been issued. 2 BOARD OF ADJUSTMENT APPLICATION FOR VARIANCE This application covers appeals from decisions of the City Building Inspector and for requests for variances concerning setbacks, structure heights, lot coverage, etc. but not for variances that change allowed land uses. The undersigned as owner or agent of owner of the following described property requests a variance to the Zoqing Ordinance of the City of Laurel as outlined by the laws of the State of Montana. 1. Legal description of property: /Jic~,'r'rr~'~/(~/'~~' 2. Street address and general location: 2~ ,.~,e~/ /~--~ ~p 3. Present zone classification: 4. Requested variance/appeal:/~ Attach site plan showing ingress/egress, off-street parking', existing building locations (use solid lines), proposed building additions (use dashed lines), and other information relevant to the variance. Own er (s)/~) ~$¥ ~.~'~ ~--~AF/~/~ 7~. ~ ~ ~ (record owner) ~6-' ~ /~ ~ ~ ~r~/~ (mailing address) ~ -~7 ~ (telephone) Agent(s).' (address) (telephone) 7. Provide copy of covenants or deed restrictions on property: I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of processing, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Board of Ad- justment. All pJL,the information presented by me is true and correct to ~he best of my/k~pdwledge, Signature~-~. ~..y~.'~~ ' /2.~1,~/~/(_,~,~ ~Te~-paid. Date ~-- ~D_/o_/0~ Date application received: Bruce felt that the drawing was misleading to the city but that a preliminary inspection should of been done before the permit was issued. He feels the permit money should be refunded to the property owner if this variance is denied. More discussion. Mr. Massing stated he is planning to contact a lawyer, if the variance is denied. Bob Western stated that is Mr. Massings option to do so. Motion by Bruce Teeters, seconded by Bob Western, to deny the application for variance. Motion is defeated by a 2--3 vote. Motion by Andy Muri, seconded by Johnny Goodman, to approve the application for variance. Vote is 3--2 in favor of the motion. Application is denied'because state law requires 4 votes to pass a motion. Respectfully submitted, Cher~ll Lurid, Secretary -. I