HomeMy WebLinkAboutResolution No. R19-69RESOLUTION NO. R19-69
A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY'S
ZONING ORDINANCE TO ALLOW AN OUTDOOR COMPUTER CONTROLLED VARIABLE
MESSAGE SIGN WITHIN A RESIDENTIAL DISTRICT.
WHEREAS, the property located at 1002 3`d Avenue is currently zoned residential (R-7500) and
pursuant to the City's Zoning Ordinance, Computer Controlled Variable Message Signs are not allowed
to operate within a residential district, Section 17.42.050 LMC; and
WHEREAS, on July 8, 2019, the owner of the property, the Laurel Assembly of God (Family
Church), filed a Request for a Variance Application seeking a variance from the zoning restriction to
allow the installation and use of a Computer Controlled Variable Message sign on their property; and
WHEREAS the Laurel City -County Planning Board acting as the City's Zoning Commission held
a public hearing on the variance request on September 5, 2019 at 10:00 a.m. The Zoning Commission
received public comment both supporting and not supporting the property owner's requested variance;
and
WHEREAS, the City -County Planning Board Meeting Minutes and documents contained in the
record are all incorporated herein as part of this Resolution; and
WHEREAS, the Zoning Commission considered all of the documentary evidence in the record
along with the testimony presented at the public hearing, and recommends the approval of the variance,
subject to the conditions recommended by Staff as follows:
1. There shall be no other signs of this type allowed on the property; and
2. The sign shall follow all other rules and regulations within the City's Sign Code.
3. The variance does not include or allow the property owner to utilize animated action.
WHEREAS, the City Council held a public hearing concerning% eer e tember 24,
2019, to gather additional evidence in support and opposition to the requests
WHEREAS, based on the evidence contained in the record, including the Zoning Commission's
Record and File, the City Council of the City of Laurel hereby finds it is in the best interests of the
residents of the City of Laurel to approve the variance since:
1. granting the variance in this case relates only to a special condition that is specific to the
applicant;
2. the current hardship was not created by the applicant;
3. the variance requested appears to be within the spirit, intent and purpose of the zoning
regulations; and
4. approving the variance will not injure or result in an injustice to others.
NOW THEREFORE, BE IT RESOLVED that the property owner's request for a variance is
hereby approved for the property located at 1002 3`d Avenue, Laurel, Montana;
BE IT FURTHER RESOLVED, pursuant to the variance, the property owner may install and
operate one Computer Controlled Variable Message Sign on such property within the residential district;
R19-69 Family Church Variance 1002 3`d Avenue
BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions:
1. There shall be no other signs of this type allowed on the property; and
2. The sign shall follow and comply with all other rules and regulations within the City's
Sign Code.
3. The variance does not include or allow the property owner to utilize animated action.
Introduced at a regular meeting of the City Council on September 24, 2019 by Council Member
Sparks.
PASSED and APPROVED by the City Council of the City of Laurel, Montana this 24th day of
September, 2019.
APPROVED BY THE MAYOR this 24th day of September, 2019.
CITY OF LA rREL
Thomas C Nelson, Mayor
ATTEST:
Clerk/Treasurer
APPROVERS TO FORM:
Sam S. Painter, Civil City Attorney
R19-69 Family Church Variance 1002 3`d Avenue