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HomeMy WebLinkAboutBoard of Adjustment Minutes 01.10.1989BOARD OF ADJUSTMENT LAUREL, MONTANA 59044 January 10, 1989 The meeting of the Board of Adjustment was called to order at 7:30 p.m. with the following members present: Andy Muri, Chairman Don Cahill Claude Cory Bruce Teeters Bob Western Others present: Joe Bradley, City Attorney Cal C%~min, City Planner Cheryll Lund, Secretary Lawrence Naessig, 107 Durland Adeline Naessig/Schreiner, 107 Durland Carole Schreiner, 213 Forrest Donna Kilpatrick, 814 1st Avenue Mike Riesinger, 201 West Ave. Lorraine Muri, 310 Laurmac Kathleen Behm, 220 Yellowstone Dan Poehl, 119 Yellowstone Alex Vogel, 205 S. 8th Ave. Emelia Vogel, 205 S. 8th Ave. Polli VanNice, Laurel Outlook Ervin Wood, 115 Durland Stephen & Peggy Schreiner, 108 Durland Glenda & Ross Kaufman, 107 Forrest Ron Marshall, 204 Durland Jim Fletcher, Asphalt Supply & Service Scott Stanaway, Attorney at Law, Asphalt Supply 1 other (name unavailable) Joe Bradley outlined & spoke on what the Board will be required to do at tonight's meeting. Joe stated that when Asphalt Supply and Service first came to Laurel they applied for a City license and were granted one. The zone at that time was Heavy Industrial and Asphalt plants are allowed in that zone. When the neighbor's started complaing about noise, odor and traffic the City felt that Asphalt Supply had misrepresented themselves on their license application. After a public hearing the City changed the zone to Light Industrial, in which Asphalt plant's are not allowed. Thus, Asphalt Supply is allowed to be there, but any construction of any structure is considered a non-conforming use under zoning Ordinance 17.32. There are several lawsuits pending on this issue. pag~ 3< 2 Board of Adjustment meeting of January 10, 1989 Ervin Wood, of 115 Durland Avenue spoke in opposition. He feels that Asphalt Supply's reason for putting the tank in is not justifiable. Lawrence Naessig, of 107 Durland Avenue, spoke in oppsotion. He is concerned about the possibility of fire and the danger to the neighbors and town if fire were to happen. At this time the site of the proposed tank is stated. The proposed tank would be located on the Northeast corner of the property adjacent to 5th Avenue. Doug Poehls, 119 Yellowstone, spoke in opposition. His concern is basically the same as the other neighbors, traffic. He feels that an additional storage tank will bring more customers and traffic to the plant. He also complained about the odor of the plant. Adeline Schreiner naessig, of 107 Durland spoke in opposition. The truck traffic is a concern as more than one-half of the traffic doesn't obey traffic laws. She is also concerned about the amount of trucks that come out of the plant with their hatches open spilling asphalt all over the road. Glenda Kaufman, of 107 Forrest Avenue, spoke in opposition. She states that many of the trucks go over her yard and sidewalk frequently. Who is planning to reimburse her for the damage that is already done? The dikes,:'that areiins~ff~cient in her estimation, would effect her property significantly if there were to be a big spill. Being no other opponent's to speak the meeting was turned back over to Asphalt Supply & Service for a summarizing statement. SUMMARY FROM PROPONENT'S Mr. Fletcher feels that the Plant has responded to many of the complaint's by the resident's. Some have not been responded to. He feels also that the fears of the residents of a major leak are not justified. If there were to be a major break or leak of one of the tanks the material would solidify upon contact with the air. It would not flow like water, as some residents think. At this time the meeting was closed to the public. Cal Cumin, City Planner, feels that based upon the requirement for the exhibition of a hardship and the requirement of public interest the request should be denied. Don Cahill feels that the request should be looked at as simply a request for the storage tank. The other complaints, such as noise, traffic and odor should not be a part of this issue. Those issues should be handled through different avenues. (( Page ~ 2 Board of Adjustment meeting of January 10, 1989 Ervin wood, of 115 Durland Avenue spoke in opposition. He feels that Asphalt Supply's reason for putting the tank in is not justifiable. Lawrence Naessig, of 107 Durland Avenue, spoke in oppsotion. He is concerned about the possibility of fire and the danger to the neighbors and town if fire were to happen. At this time the site of the proposed tank is stated. The proposed tank would be located on the Northeast corner of the property adjacent to 5th Avenue. Doug Poehls, 119 Yellowstone, spoke in opposition. His concern is basically the same as the other neighbors, traffic. He feels that an additional storage tank will bring more customers and traffic to the plant. He also complained about the odor of the plant. Adeline Schreiner naessig, of 107 Durland spoke in opposition. The truck traffic is a concern as more than one-half of the traffic doesn't obey traffic laws. She is also concerned about the amount of trucks that come out of the plant with their hatches open spilling asphalt all over the road. Glenda Kaufman, of 187 Forrest Avenue, spoke in opposition. She states that many of the trucks go over her yard and sidewalk frequently. Who is planning to reimburse her for the damage that is already done? The dikes,:'that arei~ss~ff~cient in her estimation, would effect her property significantly if there were to be a big spill. Being no other opponent's to speak the meeting was turned back over to Asphalt Supply & Service for a summarizing statement. SUMMARY FROM PROPONENT'S Mr. Fletcher feels that the Plant has responded to many of the complaint's by the resident's. Some have not been responded to. He feels also that the fears of the residents of a major leak are not justified. If there were to be a major break or leak of one of the tanks the material would solidify upon contact with the air. It would not flow like water, as some residents think. At this time the meeting was closed to the public. Cal Cumin, City Planner, feels that based upon the requirement for the exhibition of a hardship and the requirement of public interest the request should be denied. Don Cahill feels that the request should be looked at as simply a request for the storage tank. The other complaints, such as noise, traffic and odor should not be a part of this issue. Those issues should be handled through different avenues. More discussion and background on Asphalt Supply & Services' initial license application in 1984. Motion by Andy Muri, seconded by Bob Western, to enter the 16 letters of protest into the records. Motion carried 5--0. Motion by Don Cahill, seconded by Claude Cory, to deny Asphalt Supply & Services' appeal from Jim's determination. Motion carried 5--0. Cal states that public interest was reflected here tonight by the large amount of neighbor's that were in attendance. Some of the problems that were brought up in the meeting, such as transportation, traffic, noise and odor should be considered, but many are inherent to the problems that arise out of having a Light Industrial zone next to a residential area. Some of the problems should be addressed by the Police Department. Motion by Don Cahill, seconded by Bruce Teeters, to deny Asphalt Supply & Service a variance, to build a storage tank. A roll call vote was taken with all Board members voting "Yes". Motion carried 5--0. The meeting was adhourned at 8:15 p.m. Respectfully submitted, Cheryll Lund, Secretary