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HomeMy WebLinkAboutResolution No. R20-81 - Fail - 0-6RESOLUTION NO. R20-81 l' ' 1, '1 !, ! ► i' i 1 ! 1 ; WHEREAS, the current property owners of what is known as Goldberg Sporting Estates Subdivision is seeking variances from Laurel Municipal Code ("LMC") 16.04.060.B.8 which provides that "Streets that are a continuation of streets in contiguous territory shall be so aligned as to assure that their centerlines shall coincide and shall have matching names. In cases where straight continuations are not physically possible, such centerline shall be continued by a centerline offset of not less than one hundred twenty-five feet; and WHEREAS, the property owners' representative filed a Variance Request Application seeking a variance from the above -requirement for a street within their subdivision as provided in the application which is by this reference made a part of the record in this proceeding; and WHEREAS, the Laurel City -County Planning Board acting as the City's Zoning Commission held a public hearing on the variance on October 21, 2020 at 5:35 pm. The Zoning Commission received one public comment in opposition to the request, and no comments in support of the requested variance; and WHEREAS, the Zoning Commission's record and decision is contained in the City -County Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents submitted into the record by the applicant and City's Planning Director; and WHEREAS, the Zoning Commission considered all of the documentary evidence in the record, City Staff recommendation, and the public comment presented at the public hearing, and recommends the City Council deny the requested variance; WHEREAS, the City Council held a public hearing concerning this matter on November 10, 2020. WHEREAS, based on the evidence contained in the record, including the Zoning Commission's 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 allow 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. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the property owners' variance request is hereby approved for the Goldberg Sporting Estates Subdivision as requested in the application and the City Council Record; and R20-81 Goldberg Sporting Estates Subdivision Variance 1 BE IT FURTHER RESOLVED, pursuant to the variance, the Property Owners may disregard the street connectivity requirements for the property described herein and within the City Council Record. Introduced at a regular meeting of the City Council on November 24, 2020 by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 24`h day of November 2020. APPROVED BY THE MAYOR this 24`h day of November, 2020. CITY OF LAUREL Thomas C Nelson, Mayor ATTEST: Bethany Langve, Clerk/Treasurer APPROVED AS TO FORM: Sam S. Painter, Civil City Attorney R20-81 Goldberg Sporting Estates Subdivision Variance 1