HomeMy WebLinkAboutBoard of Adjustment Minutes 05.19.1992BOARD OF ADJUSTMENT
LAUREL, MONTANA 59044
May 19, 1992
The Board of Adjustment of the City of Laurel was brought
to order at 5:00 p.m. on Tuesday, May 19, 1992, with the
following members present:
Andy Muri, Chairman
Bruce Teeters
~Marvin Carter
Johnny Goodman
Bob Western
Others present:
Cal Cumin, Laurel City Planner
Joe Bradley, Laurel City Attorney
Terry Bummer, 1105 W. Maryland Lane
Cheryll Lund, Laurel City Secretary
#92-01 - Terry Bummer- 1105 W. Maryland Lane
Legal ad advertised 2 times in the Laurel Outlook on April 29, 1992
and May 6, 1992. Fee paid on April 2, 1992. No protests received,
no inquiries from letter sent out to all property owner's within
100 feet of 1105 W. Maryland Lane.
Terry said he may change the redwood deck to a concreie deck because
of the expense of redwood at this time. He also stated that the
measurements on the drawing are not exact, but are pretty close.
He wants to put a 7 ft. wide hot tub on the deck. If he goes with
the exieting codes now he will only have 1% ft. on both sides of
the hot tub. He wants to put steps coming out of his bedroom to
be able to get into the hot tlb. He has been told by the hot
tub company that he needs a certain amount of room for the maintenance
part of the hot tub.
The deck plans show that Mr. Bu~mer has 15 feet between the
back of his house', and his property (15 ft 8" to be exact).
Normally there is a 5 foot setback required. Mr. Bummer would
like to build his deck out to 14 ft. from the property line which
would leave 1 foot from the deck edge to the property line.
A comment is raised stating that the house is already in violation,
and the members questioned why the City would of approved the
location of the house on the property.
Cal feels that there ~s no real good reason to allow this variance.
There is no hardship involved, other than the house not meeting
the required setback. Cal states that it is up to the property
(or prospective) owner to find out about these things before
purchasing the house. Ignorance cannot be considered a hardship.
Cal also feels that the maximum lot coverage was probably
exceeded when this house was built.
Terry has contacted his neighbors, and has found that they are
not against what he proposes to do.
The neighbor that would be most affected by Terry's deck has no
problem with his proposed deck. The neighbors house is located
approximately 25 feet from their shared property line.
Terry is questioned as to'whether or not he could make the deck
smaller? He feels that there would be a problem with not much
room on the sides.
Cal reminded the Board of a couple of the City Ordinances. One is
that the City Ordinance minimum requirements are just that, minimum.
Secohdly, no building or structure'shall be erected nor shall any
existing building or structure be altered or rebuilt, or shall
any open space be encroached or built upon or reduced in any
matter except in the conformity with the yard lot area and building
location requirements here and designated for the district in which
said building or open space is located.
Cal recommends non-approval. He can find no reason to give it out
and feels that it is a bad precedence to start.
Motion by Marvin Carter, seconded by Bob Western to approve
the variance for 1105 W. Maryland, providing that Mr. Bummer change
his application to have his deck 2 feet and.8" from the property
line, and that we allow him to exceed the 30% lot coverage, and to
expand a non-conforming use. Motion carried with a unanimous
· vote of 5--0.
Respectfully submitted,
Cheryll Lund, Secretary