HomeMy WebLinkAboutBoard of Adjustment Minutes 08.11.1988BOARD OF ADJUSTMENT
LAUREL, MONTANA 5B044
August 11, 1988
The Board of Adjustment meeting was called to order at 6:03 p.m.
with the following members present:
Andy Muri- Chairman
Bruce Teeters
Bob Western
Claude Cory
Don Cahill
Others present:
Cal Cumin, Cumin Associates
Joe Bradley, City Attorney
Robert & Mary Maida, 219 W. 9th
Cheryll Lund, Secretary
Keith Thompson, 616 6th Avenue
St.
File # 88-06- MAIDA
Mr. Robert Maida of 219 W. 9th Street has requested a variance
allow him to keep a fence, which is already built, beyond the
required setbacks. The property is located on the corner of
3rd Avenue and 9th Street.
to
City Ordinance # 17.40.010 (1) (a) states that no fence constructed
on a corner lot shall be more than 3 foot high (wood) or 4 foot
high (link or mesh) beyond the setback line. Six foot fence is
allowed on or behind the setback, which then would be considered
the back or side yard.
Mr. Maida has lived at 219 W. 9th St. for 9 years. The Laurel
Care Center, located just West of Mr. Maida on 3rd Avenue, has
been occupied for approximately 1% years. Mr. Maida feels that
since the Care Center was built they have lost alot of their
privacy. The service entrance to the Care Center, and also the
occupant's dining room, are both on the corner adjacent to Mr.
Maida's house. He feels that due to the'extra traffic of the
delivery trucks it has created an atmosphere of commercialism
in what used to be a quiet residential area. Because of this
lack of privacy, Mr. Maida built a fence. He states that he
did not acquire a building permit due to an oversite.
Mr. Maida's fence extends 24' beyond the required setback line,
which puts it 9' 3" from the sidewalk. The fence is 5' 6" in
heighth. Mr. Maida did consider the visibility of the cars that
travel 3rd Avenue and 9th Street before constructing the fence.
He feels that visibility is not hindered in any way because of the
Board of'Adjustment meeting of Aug. 11, 1988.
position and heighth of his fence.
Cal feels that the variance should be denied because there are
no grounds to base granting the variance on. This is not a
hardship ca~e, he wants the Board to consider it carefully.
Discussion on the Board's function, and defining what should be
considered when granting a variance.
Motion by Claude Cory to grant the variance based on the
location of Mr. Maida's property in adjacent to the Laurel
Care Center, and the lack of privacy it creates for the Maida's,
seconded by Bob Western. Motion carried 4--1 with Andy Muri
voting "No".
Meeting was adjourned at 6:23 P.M.
Respectfully submitted,
Cheryll Lund, Secretary
BOARD OF ADJUSTMENT
LALI/~EL, MONTANA 6D044
July 22, 1988
NOTICE OF PUBLIC RgARING
File # 88-06 Maida
NOTICE IS HEREBY GIVEN that the Board of Adjustment
of the City of Laurel, Montana, will hold a public
hearing on Thursday, August 11, 1988, at 6:00 P.M.,
in the Council Chambers of City Hall, Laurel, Montana,
for the purpose of reviewing the following variance
from the Comprehensive Plan:
A variance has been requested on Lots 11 & 12,
Block 6, First Avenue Subdivision, RE 7500 Zone,
to allow relief of the setbacks to construct a fence.
The property is located at 218 W. 9th Street, Laurel,
Montana.
Information concerning the application can be obtained
at the Office of the City Engineer, City Hall. Anyone
wishing to protest the application may appear at this
hearing. Any party may appear with or without counsel.
(Pub. 2X-7/27/88 & 8/3/88, Laurel Outlook)