Loading...
HomeMy WebLinkAboutBoard of Adjustment Minutes 07.12.1988BOARD OF ADJUSTMENT LAUREL, MONTANA 69044 July 12, 1988 ,( The Board of Adjustment meeting was called to order at 7:30 P.M. with the following members present: Andy Muri- Chairman Bruce Teeters Bob Western Claude Cory Don Cahill Others present: Cal Cumin, Cumin Associates, Billings Joe Bradley, City Attorney David Statler, 607 E. 6th Marian Vetsch, 607 E. 6th Rollie Grunstead, 511 Rimrock Road, Billings Contrella Peterson, 519 5th Ave. Ed Ecker, 511 Fairway View Drive Jim Flisrand, City Engineer Cheryll Lund, Secretary Due to having 3 variances to consider tonight we will do them in numberical order, as they applied. File # 88-02- Vetsch. Fee paid. Advertised 6/22/88 & 6/29/88. Marian L. Vetsch, 607 E. 6th, has requested a variance to construct a deck on the front of her house. The deck will extend 24-28" into the required setback. The edge of the deck to the sidewalk is 11' 5". She would like to put the steps going out towards the south, but will put them out towards the west if the Board wants them to. She feels that the deck will greatly improve the looks of their house, and the value of the property. No protests have been received on this variance. Cal has no problem with this request as it stands. Neighbors to the West have a porch extending 6' 8". You could grant this variance under the case of being denied a process that the neighbors are already doing. Discussion on the steps, which direction the Board feels they should extend. The Board feels that 55 more inches is no problem. Motion by Bruce Teeters to grant the variance as requested in the application, seconded by Claude Cory. Motion passed 5--0. Bd. of Adjustments meeting of July 12, 1988 File # 88-03- Grunstead. Fee paid. Laurel Outlook 6/22/88 & 6/29/88. Roland Grunstead has requested a variance to build a canopy structure over the gas pumps at the Conoco C. Store on S. 1st Avenue. He feels that his business is suffering because of no canopy, and if the variance is not granted he may have to close down the store. The canopy will be 14 to 15 feet high, and 48" thick. It will extend approximately 15 feet into the 20 foot easement on S. 1st Avenue. Mr. Ed Ecker, the owner of Terry's Quik Stop is present and wants the Board to consider any obstruction of his business the canopy may cause. that After much discussion the Board feels that there will be no obstruction. It is not a solid wall, and can be seen through. Mr. Grunstead also owns the property just to the West of the Conoco C Store. Cal recomJ~ends that the Board deny the variance. He feels that there is no reason to be granted. He sees no hardship case here. The only thing he could see would be the money loss that Mr. Grunstead would suffer. Joe states that if the Board does approve this that they need to define the reasoning behind it. He feels it could be granted on the basis of 1) the peculiar shape of the land 2) it is not hurting anyone around the area, as has been determined by the Board, and 3) Mr. Grunstead owns the adjacent land, and this canopy could improve the property value of said land. Motion by Don Cahill ~ grant this variance, seconded by Bruce Teeters. Motion passed 5-00. File # 88-05- Assembly. Fee paid. Laurel Outlook 6/22/88 & 6/29/88. Contrella Peterson, representing the Assembly of God Church, is requesting a variance to allow the church to place their fence 6" away from the sidewalk on the South side of the church on W. Maryland Lane. They would like to increase their playground area due to the Daycare Center that the church runs. The fence will be a chain link like the one there now. The property that they would like to put it on is City property. The easement is 8'. The reason for the easement is for future utility lines. Jim Flisrand feels that granting this variance would pave the way for other people who want to put their fence on City right-of-way. He is working with a lady in the Cherry Hills Subdivision who has put her fence in City right-of-way and refuses to move it. ~d. of Adjustment meeting of July 12, 1988 Joe states that if we do grant this variance we should have it in writing, from Assembly of God Church, that if the City needs to widen the street, or put utility lines in, the church will be responsible to take the fence down. Contrella states that the church would be willing to do whatever it takes to make the City happy. Discussion on whether or not the Board of Adjustment has the right to grant permission to allow City property to be encroached on. After lengthy discussion it is decided to send this to the City Council for the final approval. Motion by Claude Cory to recommend approval to the City Council, with the Council having final say so, seconded by Andy Muri. Motion passed 5--0. Contrella was advised that the City Council will consider this request at the Council meeting held July 19, 1988 at 7:00 p.m. Council chambers, City Hall. With no other business to come before the Board the meeting was adjourned at 8:30 p.m. Respectfully submitted, Cheryll Lund, Secretary Board of Adjustment BOARD. OF 3DJUSTMENT LAUREL, MONTANA Bt044 APPLICATION FOR VARIANCE This application covers appeals from decisions of the City Building )nspector 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 Zoning Ordinance of the City of Laurel as outlined by the laws of the State of Montana. 1. Legal description of property:'~"~~t~Jk~i~TJ 2. Street address and general location: 3. Present zone classification: ~TJoo ~~~}/~j_ 4. Requested variance/appeal: ~ ~z~,zy_~(~_t~jcT~L~ 5. 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. B. Owner(s) LdLUr~ ~SYJ?~I..~ O~ GO~ ~?~l~rC~(record owner) (mailing address) (telephone) ~ ~l [/~ [I ~ ~ f / ~'~ I(telephone) Provide copy of covenants or deed restricti'ons 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 agent must appear at the hearing of this request before the Board of Ad- justment. All of the information presented by me is true and correct to the best of my knowledge. Fee paid Date application received: ?/ ir FIFTH SIXTH THIRD 1