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HomeMy WebLinkAboutResolution No. R21-15RESOLUTION NO. R21-15 A RESOLUTION GRANTING A VARIANCE TO THE MINIMUM LOT SIZE REQUIREMENT FOR PROPERTY LOCATED WITHIN THE CITY OF LAUREL'S COMMUNITY COMMERCIAL ZONING DISTRICT FOR PROPERTY LOCATED AT 503 FIR AVENUE/1313 E. MAIN STREET, WITHIN THE CITY OF LAUREL. WHEREAS, the current owner of property located at 503 Fir Avenue/1313 E. Main Street, Laurel, Montana, seeks a variance from the 6000 square feet minimum lot size requirement for single family homes located within the Community Commercial Zoning District as provided in the Laurel Municipal Code ("LMC") 17.16.020; and WHEREAS, the property owner has two single family homes constructed on one lot that is 10,593 square feet in size, who desires to split the lot into two separate lots in order to rehabilitate and sell one of the homes currently utilized as a rental home; and WHEREAS, the property owner's current lot cannot be split into two separate lots due to the size requirement contained in the City's Zoning Ordinance and as a consequence, the property owner must first obtain a variance from the City Council prior to splitting his one lot into two separate lots; and WHEREAS, the Laurel City -County Planning Board acting as the City's Zoning Commission held a public hearing on the variance application on February 17, 2021 at 5:35 pm. The Zoning Commission received two public comments submitted in writing in opposition to the request, and no comments in support of the requested variance other than the son of the applicant; 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 comments presented at the public hearing, and recommends the City Council approve the requested variance subject to the conditions recommended by the City Staff, and WHEREAS, the City Council held a public hearing concerning this matter on March 9, 2021. 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 and approve the requested 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 owner's variance request is hereby approved for the property located at 503 Fir Avenue/1313 E. Main Street, Laurel, Montana, as requested and described in the application and the City Council Record; and R21-15 Variance Lot Size Property 503 Fir Avenue and 1313 Main Street BE IT FURTHER RESOLVED, the approval is subject to the following conditions: 1. Division of the lots of 503 Fir Ave and 1313 E. Main Street will be filed within six (6) months of variance approval. 2. Lots shall be maintained in good condition. 3. All applicable permits and approvals for construction, driveway accesses, and other ingress and egress points shall be applied for. 4. No residential or commercial uses shall take place on the subject properties that are in violation of Chapter 17 of the Laurel Municipal Code. 5. No commercial kennel or other pet -related enterprise shall be established on the parcel. 2021. Introduced at a regular meeting of the City Council on March 9, 2021 by Council Member Herr. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 91h day of March APPROVED BY THE MAYOR this 9th day of March, 2021. CITY OF LAUREL Thomas C Ne son, Mayor ATTEST: �� -�% 6&ti 4r,"- V,elh/ay l-angve, Clerk/Treasurer APPROVE AS FORM: Sam S. Painter, Civil City Attorney R21-15 Variance Lot Size Property 503 Fir Avenue and 1313 Main Street STAFF REPORT TO: Laurel City -County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Johnson Variance Request for 503 Fir Ave DATE: February 12, 2021 A variance to the Laurel Municipal Code was requested by Zene Johnson on behalf of Brian Johnson for 503 Fir Avenue/ 1313 E. Main Street. The variance application form and justification letter were submitted on January 22, 2021. The variance requested pertains to the minimum lot size requirement for a single dwelling unit on an individual lot. 503 Fir Avenue/ 1313 E. Main Street contains two detached single-family dwellings. The Applicant would like to split the lot and sell one of the parcels, due to a lack of time and ability to maintain the second unit as a rental. The property is located within the Community Commercial (CC) zoning district. Single and two- family residences in the Community Commercial district follow the requirements of the Residential Limited Multi -Family district. A variance is required because the lots would not conform to the requirements of RLMF zoning. The district requires a minimum of 6,000sgft for a single dwelling unit. The lot is currently 10,593sgft, which is not enough area to accommodate two legal lots. Owner: Brian R. Johnson Legal Description: NUTTING SUBD, S10, T02 S, R24 E, BLOCK 14, Lot 10 - 12, LESS 198' FOR TURN LANE (07) Address: 503 Fir Ave/1313 E. Main Street Parcel Size: 10,593 sqft Existing Land Use: Two Single Family Dwellings Proposed Land Use: Two Single Family Dwellings (separation of parcels) Existing Zoning: Community Commercial ® The Planning Director met with the Applicant in the Summer and Autumn of 2020 to discuss the situation and available options. • Variance Application submitted on January 22, 2021. • A Public Hearing is scheduled at the February 17, 2021 Planning Board meeting to receive public comment and vote on recommendations to be provided to City Council. • A Public Hearing is scheduled at the City Council meeting on March 9, 2021 to receive public comment and approve, approve with conditions, or deny the variance requests. The Applicant is requesting a variance to Table LMC 17.16.020 which presents the zoning requirements for Residential districts. The RLMF zoning jurisdiction (which the CC district uses as the requirements for one and two-family dwellings) requires a minimum of 6,000sgft for a single dwelling unit. The Applicant seeks to split the property, creating two lots each with a single-family home. ❖ The Applicant has provided a justification letter regarding the Variance request. ❖ Parcel contains two single-family dwellings on a 10,593sgft lot. ❖ The current owner would like to split the lots and sell 503 Fir Avenue to someone who can provide proper attention and care to the property. ❖ The current owner of the parcel does not have the time and ability to maintain both dwelling units due to family obligations. ❖ Dividing the lot would create two lots that are approximately 5,296sgft in size. ❖ This lot size is roughly equivalent to many lots in the neighboring area. ❖ The property deeded approximately 200sgft of the lot to the Montana Department of Transportation in 2006 for additional right-of-way. ❖ The public noticing requirements have been met. The City -County Planning Board shall act as a zoning commission in order to recommend the boundaries of the various districts and appropriate regulations to be enforced. A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 2 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. The Planning Director recommends that the Planning Board approve the variance request. The Planning Director has prepared drafted conditions of approval which are presented below. 1. Division of the lots of 503 Fir Ave and 1313 E. Main Street will be filed within six (6) months of variance approval. 2. Lots shall be maintained in good condition. 3. All applicable permits and approvals for construction, driveway accesses, and other ingress and egress points shall be applied for. 4. No residential or commercial uses shall take place on the subject properties that are in violation of Chapter 17 of the Laurel Municipal Code. 5. No commercial kennel or other pet -related enterprise shall be established on the parcel. 1. Variance Application 2. Justification Letter 3. Concept Plan for lot division 4. Overhead map with 300ft buffer 5. List of adjacent property owners 6. Public hearing notice 7. Bargain and Sale Deed (MDT) 8. LMC 17.16 — Residential Districts 9. LMC 17.20 — Commercial — Industrial Use Regulations 3 li AUREL; I�A7 p.NT 4!`Aa� Laurel Variance Request Application J; \jo 2 2 202 This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner:���i 2. Name of Applicant if different from above: !:ill 0x j . , 3. Phone number of Applicant: 4. Street address and general location: 12 5. Legal description of the property: iJI U-17) I A(F-� (D i 0 6. Current Zoning: C ,,Oq v?l 0 A/ r' T"�t' rP—P4 l 6-E`RO 4 7. Provide a copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Planning Board and all of the information presented by me is true and correct to the best of my knowledge. Signature of Applicant: Date of Submittal: / %—� January 15, 2021 s ChapterRE: Laurel Municipal Code .0 503 Fir — 1313 E. Main- Block 14, Lot :t Nutting Subd. I am asking that a variance be granted for this property. My mother Patty Johnson, who was well known in laurel having lived there for more than 30 years, died May 12, 2020. I subsequently inherited the property, which consists of two houses and a couple of storage sheds. My family now lives in the house at 1313 E. Main. It had been extensively remodeled after a fire 6 or i years ago and a car crashing into it 3 or 4 years ago. Therefore, it is a better fit for me, my wife and 3 small children. The house at 503 Fir has been used as a rental for many years and having a rental is something neither my wife nor I want or have time for. We have two special needs children and would like to split the property and sell the 503 Fir house to people who can devote time, attention and love to it. Because the lot is 10,953 sq ft, it would make the lots slightly under the regular 6,000 sq, ft. lots consistent with the area. However, there are several lots in the area smaller so this should be hopefully an acceptable variance. It would certainly make our lives a lot easier. That being the case, we respectfully request that you recommend this variance to the Laurel City Council. Thank you. Brian Johnson A L MONTANA RAIL LINK MONTANA RAIL LINK MONTANA RAIL LINK D13144C D13144C D13144C PO BOX 16624 PO BOX 16624 PO BOX 16624 MISSOULA, MT 59808-6624 MISSOULA, MT 59808-6624 MISSOULA, MT 59808-6624 THIEL, LARRY V TRUSTEE 800855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL 800854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN B00853 619 E 5TH ST LAUREL, MT 59044-2710 ATKINSON, RITA R 800852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J B00851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M 800849 524 FIR AVE LAUREL, MT 59044 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL 800854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN 800853 619 E 5TH ST LAUREL, MT 59044-2710 ATKINSON, RITA R 800852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA 1 B00851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY B00850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M 800849 524 FIR AVE LAUREL, MT 59044 THIEL, LARRY V TRUSTEE B00855 1328 RIDGE DR LAUREL, MT 59044-1816 HINES, MICHAEL B00854 504 FIR AVE LAUREL, MT 59044 ROMEE, MICHAEL P & JUDY ANN B00853 619 E STH ST LAUREL, MT 59044-2710 ATKINSON, RITA R 800852 510 FIR AVE LAUREL, MT 59044 BUREAU, RONALD W & DARLA J 800851 518 FIR AVE LAUREL, MT 59044 FRANK, TANCY 800850 8522 DANFORD RD LAUREL, MT 59044-8317 SMITH, BRAD M 800849 524 FIR AVE LAUREL, MT 59044 MEISNER, GLEN ALAN MEISNER, GLEN ALAN MEISNER, GLEN ALAN B00862 B00862 B00862 523 ELM AVE 523 ELM AVE 523 ELM AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 GIERKE, GUY W GIERKE, GUY W GIERKE, GUY W 800861 800861 B00861 519 ELM AVE 519 ELM AVE 519 ELM AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 YODER, JOHN ARLEN 800860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY 800859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY B00858 800857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 800865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES J & RIKKI 800863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A B00871 1304 E 6TH ST LAUREL, MT 59044 YODER, JOHN ARLEN 800860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY 800859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY 800858 800857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K 800856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED 800866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL ,JAMES J & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A 800871 1304 E 6TH ST LAUREL, MT 59044 YODER, JOHN ARLEN 800860 513 ELM AVE LAUREL, MT 59044 FOSTER, JEREMY B00859 509 ELM AVE LAUREL, MT 59044 STEINMASEL, TERRY A & TRACY 800858 800857 519 W 11TH ST LAUREL, MT 59044 FIECHTNER, BRIAN K B00856 4215 HILLCREST RD BILLINGS, MT 59101 SUMMERS, DIANE MARIE & DELORES SCHIED B00866 B00865 2202 WILLOWBROOK WAY BILLINGS, MT 59102-2880 TINNES FAMILY TRUST B00864 7974 ROBIN RD PARKER, CO 80138 PAUL, JAMES J & RIKKI B00863 7263 FOLSOM RD BILLINGS, MT 59106-2536 GEORGE, MIKE R & STEPHANIE A 800871 1304 E 6TH ST LAUREL, MT 59044 HOLYCROSS, DAVID A & FLORENCE HOLYCROSS, DAVID A & FLORENCE HOLYCROSS, DAVID A & FLORENCE B00870 800870 800870 801 E 4TH ST 801 E 4TH ST 801 E 4TH ST LAUREL, MT 59044-2801 LAUREL, MT 59044-2801 LAUREL, MT 59044-2801 THURMAN, MITCHELL R THURMAN, MITCHELL R THURMAN, MITCHELL R B00869 800869 B00869 515 FIR AVE 515 FIR AVE 515 FIR AVE LAUREL, MT 59044 LAUREL, MT 59044 LAUREL, MT 59044 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDO LA VERNE, CA 91750-1127 FRANCO, CAROL 800874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 GORDON, VIRGINIA F B00868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD 800867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & 800873 7308 EL NIDO LA VERNE, CA 91750-1127 FRANCO, CAROL B00874 1404 E 6TH ST LAUREL, MT 59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA B00773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 GORDON, VIRGINIA F 800868 509 FIR AVE LAUREL, MT 59044 JOHNSON, BRIAN RICHARD B00867 503 FIR AVE LAUREL, MT 59044 ARROYO SECO GROUP INC & B00873 7308 EL NIDD LA VERNE, CA 91750-1127 FRANCO,CAROL B00874 1404 E 6TH ST LAUREL, MT59044 PROPRIEDAD LLC B00774 PO BOX 20853 BILLINGS, MT 59104-0853 RATCLIFF, RANDALL C & RANA 800773 1003415 2807 LYNDALE LN BILLINGS, MT 59102-1439 STOEBE, ROBIN RODNEY STOEBE, ROBIN RODNEY STOEBE, ROBIN RODNEY 1003055 1003055 1003055 4206 WATERFORD DR 4206 WATERFORD DR 4206 WATERFORD DR BILLINGS, MT 59106-1723 BILLINGS, MT 59106-1723 BILLINGS, MT 59106-1723 The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a variance application submitted by Zene Johnson regarding the property at 503 Fir Ave for lot coverage requirements. The Zoning Commission hearing is scheduled for 5:35 P.M., in the City Council Chambers at city Hall, 115 West 1st Street, Laurel, Montana, on Wednesday. February 1rh, 2021. Additionally, the City Council has scheduled a public hearing for the consideration of the variance request. The City Council hearing is scheduled for 6:30 P.M., in the City Council Chambers at City Hall, 115 West 1st Street, Laurel, Montana, on Tuesday, March gth, 2021. The applicant seeks to split the parcel at 503 Fir Avenue into two parcels. The lot is 10,953 square feet in size. This property is zoned Community Commercial (CC). The Community Commercial zoning district requires a minimum lot size of 6,000 square feet. The splitting of the lot into two parcels would create a nonconforming lot and is not allowable. The applicant requires a variance approval by the Laurel City Council to have a lot which conforms to Laurel City Code. It is the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest where a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship. Public comment is encouraged and can be provided in person at the public hearings on February 17"' and March 9t1i. Public comment can also be made via email to the Planning Director, or via letter to the Planning Department office at 115 West 151 Street Laurel, MT 59044. A copy of the variance application and supporting documentation is available for review upon request at the Planning Department office. Questions regarding this public hearing may be directed to the Planning Director at 628.4796 ext. 5302, or via email at cityplanner@laurel.mt.gov. Montana Department of Transportation Right-of-way Bureau PO Box 201001 Helena, MT 59620-1001 3429593 Page: I of 3 07110/2007 0952A Y4116witono County aso 33,00 State of Montana Department of Transportation Right -of Way Bureau 2701 Prospect Avenue PO Box 201001 Helena, IMT 59620-1001 Project ID: HSIP 4-2(32)55 Parcel No.: 13 Designation: 2002 - TURN LANE - LAUREL Project No.: 5304-032 Revised 929108 County: Yellowstone This Deed, made this 7" day of -7-OA�E —, 200-7-, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration now paid, the receipt of which is acknowledged, witnesses that, Patricia A. Johnson 6508 Fir AvL- /81-,? eth-- Laurel, MIT 59044-2828 does hereby grant, bargain, sell and convey to the City of Laurel, Montana, the following - described real property: Parcel No. 13 on Montana Department of Transportation Project HSIP 4-2(32)55, as shown on the Right -of -Way plan for said project recorded in the office of the County Clerk and Recorder of Yellaiwslone County, Montana. Said parcel is also described as a tract of land in Lot 10, in Block 14, of Nutting Subdivision, in the City of Laurel, Yellowstone County, Montana, according to the official plat thereof, on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana, as shown by the shaded area on the plat, consisting of 1 sheet, attached hereto and made a part hereof, containing an area of 198 sq. ft., more or less. RW:D2:5304:p13:JC Page 1 of 2 Page: 2 of 3 IIIIII!I3429593 INIIIIIIIIIII 07IIOt2OQ7O9z52A Yellowstone County BSO 33 00 Bargain And Sale Deed Project ID: HSIP 4-2(32)55 Parcel No.: 13 Designation: 2002 - TURN LANE - LAUREL FatcepN+t6 and reserving to Grantor(s), thowehrer, s!i pas, of and minerab beneath the aurface W the atwve-descritt� and cbrnveyed premises, together with the right to extract the same, provkfed that Ia the exercise W such right, rte surface thereof shag nW be interfered with damaged, This exoepton and reservatbrh does trot Include sand, building materials. which are Catveyad by tNs Desd. gravel and other rk>ad Further ex reserving unto the Grtenets irripaton antors) successors and assigns, all water, water rights, ditches, contracts and any and :P'"".= rat if any. including limited to, water stock or shares, bonds, certificates, all When =of water. ter right and ditch ownership, or any interest therein appurtenant to tha land described thersin, save and except groundwater for the use, benefit and purposes of the Grantws). The Grantor(s) ArOw expressly waives and relinquishes a# rights. as owner or successor in interest Provided under law, forPurposes. any preference to repurchase all or a portion of this Property show it be determined no longer to be necessary for highway To have end to hold the above-described and conveyed premises, with all the reversions. remainders. tonements, hereditaments and appurtenances Vm*tO, unto the City Of Laurel, Montana. and to its successors ;rassigns forever. This Dead7 executed On the date of its last acknowledgment. State of MOwUrA'JA COuntYOf Yd44-OWS72,PJE This instrument was ackrxr?Aedged before me on -701v 7, -20@7 by rPAM'cJ*A (date) *VAL*- �(GraGna �ntor(s)) rda-.; Notary Signature Line (seal) Notary Printed Name Notary Public for State of IA9OAJrAA14 Residing at e ik.1— MY commission Expires: 417 AVY V Staid of County of This instrument was acknovviedged before me on (date) by --------------- (Grantor(s)) Notary Signature —LI. (S") terry . tod Name Notary Public for State of Residing at MY Commission Expires: Recording Information Page 2 of 2 32592 Y+tlawstaw CeunSY B50 WOO 17.16.020 - Zoning classified in districts. Zoning for residential districts is classified in and subject to the requirements of Table 17.16.020. Table 17.16.020 Zoning Requirements R R RLMF RMF RMH PUD SR RT 7,500 6,000 Minimum lot area per dwelling unit in square feet One unit 7,500 6,000 6,0001 6,0001 6,0003 See 5 acres 1 acre Two units 7,500 7,500 7,750 Chapter Three units 8,500 8,500 9,500 17.32 Four units 10,000 11,250 Five units 13,000 Six units or more Add 2,500 each additional unit Minimum yard — setback requirements (expressed in feet) and measured from public right-of-way Front 20 20 20 20 10 255 25 Side 5 54 54 54 5 55 5 Side adjacent to street 20 20 20 20 20 105 10 Rear 5 5 5 5 5 255 25 Maximum height for all 30 35 35 40 30 30 30 buildings Maximum lot coverage 30 30 40 45 40 15 30 (percentage) Minimum district size 2.07 2.07 2.07 2.07 2.07 20 5 (expressed in acres) 1 Row housing may be permitted to be constructed on 3,000 square foot lots if approved through the special review process. I NA means not applicable 3 The requirements for the mobile homes contained herein relate only to a mobile home subdivision; see Chapter 17.44 of this code for the requirements for a mobile home park. 4 Zero side setbacks may be permitted if approved through the special review process. 5 All pens, coops, barns, stables, or permanent corrals shall be set back not less than 50 feet from any residence, public road, or water course, and any property line. "rav 5 17.20.020 - Zoning classified in districts. Zoning for commercial — industrial use is classified in and subject to the requirements of Table 17.20.020. (Prior code § 17.32.020) Zoning Requirements A RP* NC* CBD* CC* HC Ll HI P Lot area requirements in square feet, except as noted, 20 acres 20 acres NA NA NA NA NA NA NA NA Minimum yard requirements: Front ta) NA 20 20 NA 20 20 20 20 20 Side 1 0 0 1 0 1 0 1 0 0 1 0 Side adjacent to street 10 10 10 10 10 10 10 Rear (b) 0 0 0 0 0 0 0 Maximum height for all buildings W NA 25 25 NA 25 45 70 NA NA Maximum lot coverage in percent NA 50 50 NA 50 75 75 75 50 Minimum district size (expressed in acres) 20 acres 2.07 2.07 2.07 2.07 2.07 2.07 2.07 NA (NA means not applicable) *The lot area, yard and lot coverage requirements for 1 and 2 single family dwellings in commercial zoning districts shall be the same as those in the RLMF residential zoning district. (a) Arterial setbacks (b) Side and rear yards (c) Except as provided in the airport zone (Ord. No. 0-14-03,8-5-2014) Laurel City Planner an From: RITA ATKINSON <ritarose71 @msn.com> Sent: Sunday, February 14, 2021 7:30 PM To: Laurel City Planner Subject: Fw: Variance application for 503 Fir From: RITA ATKINSON Sent: Sunday, February 14, 20217:20 PM To: cityplanner@laurel.my.gov <cityplanner@laurel.my.gov> Subject: Variance application for 503 Fir I live at 510 Fir, across the street from this address. Although it has been zoned commercial for decades, I can see no reason for this variance. There are 2 residences on this lot. Exactly what commercial enterprise would be situated here? At the moment, there are 3 cars on what once was a lawn and 1 on the street that haven't moved in months. The small back yard is being used by large dogs that I believe is a breeding operation for a mix of Great Danes and German Shepards. There is usually between 4 to 8 large dogs and this fall also 3 puppies. There is now more chain link kennels and a shed in the back. The police have been called on these dogs numerous times for incessant barking and once for what appeared to be a deceased dog in the yard. The only thing that has changed since these calls are that the dogs are more restricted for space. If the variance is permitted, the lot gets even smaller. Having had German Shepards all of my life, this whole situation is so unfair to those dogs that I have considered calling the Humane Society and having them check to see if this breeding operation was reported in Nevada before it moved here to our neighborhood where everyone has a dog or even two, but they are never treated like this. Decades ago, when the back building was a glass shop, there was only one residence there and I do understand that when the shop was converted to a house, the commercial zoning was probably grandfathered in but at this point in time, it has created a hardship for everyone in this whole neighborhood. We have residents that work at night, but the dogs bark at all different times of the day and well into the evening. Sometimes they are quiet for hours and sometimes they bark for hours. I have always thought that in the city of Laurel, you could only have 3 dogs unless you have a kennel license. After all the calls to the police, and nothing being done about the number of dogs at that residence, is it being allowed for that reason? And if the parcel is split, can they double the amount of dogs and cars on the lawn?? If it were allowed, the parcel should go back to residential, there is no reason to have a commercial business on that lot. For this reason not only am 1 opposed to this variance, but vehemently opposed to this variance. Sincerely, Rita Atkinson 510 Fir Laurel, Mont. Laurel Ci!X Planner From: Ron Bureau ^RDBU1O03@msnzom> Sent: Sunday, February 7,2O21 1:19 PM To: Laurel City Planner Subject; Public hearing 503Fir Ave. My husband and I are concerned with the idea of 503 Fir Ave being split into a nonconforming lot. We have lived at 518 Fir Ave for 26 years. Our concern is, if allowing the variance change to occur, will this permit the current residents toestablish acommercial dog kennel. This property does not conform tothe zoning district requirements. The splitting ofthe lot into two lots will create, esthe City had pointed out, anon-conforming lot and b not allowable. We have no problem with the splitting of lot as long the variance states these lotsare tnberesidential rather than commercial. Some ofour neighbors aswell asushave ca/ked the Laurel Police due tothe constant noise from all the barking dogs. The barking goes onfor hours atatime, literally all day and night. This being aresidential area, will affect all residences within atwo-block area ifnot more. Atone point, Laurel had oCity Ordinance that permitted nomore than 3 dogs permitted atany one residence. BBFir Ave currently has approximately 10-11 dogs (that we have counted onafew occasions. The dogs are Great Dane and German Shepards. The barking is an annoyance for the current and future residents on Fir Ave to have to deal Please decline the request for the variance change as stated in the notice toBBFir Ave. Sincerely, Ronald and Darla Bureau Get Outlook for Android MINUTES CITY OF LAUREL m CITY/COUNTY BOARD a4WEDNESDAY,t' •17,2021 COUNCIL5:35 PM CITY 1. Public Input: Citizens may address the committee regarding any item of business that is not on the agenda. The duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the committee will not take action on any item not on the agenda. 1. Roll Call The chair called the meeting to order at 5:35PM Evan Bruce Roger Giese Jon Klasna Gavin Williams Dan Koch Judy Goldsby General Items 2. Approve Meeting Minutes: January 20, 2021 Dan Motioned to approve the minutes from January 20, 2021 Evan Seconded. Motion Carried. 3. Public Hearing: Variance Request for 503 Fir Ave Nick provided the staff report and findings for the Variance request for 503 Fir Ave/1313 E. Main Street. The Chair called for Proponents. Zene Johnson —1908 9t' Street West, Billings, 59102. Sister of former owner (passed). Patti (prior owner) previously had wanted to split the lot and spoke with the Planning Department about this item years ago. Brian, Patti's son who inherited the property and his wife have two special needs children. Brian has to spend a lot of time with the children would like to split the lot because he does not want to be a landlord and manage a rental property. The parcel would then be put into the hands of someone able to take care of it. This would allow an owner who is somebody who could appreciate it. Judy: The owner lives at the 1313 E. Main house? • Yes he does. The Chair called for Proponents. The Chair called for Proponents. The Chair Called for Opponents. The Planning Director provided emails from two nearby property owners who object to the variance due to worries about a commercial dog kennel being established on the new lot. The Planning Director explained that these concerns are valid but any commercial kennel would need to go through the Special Review process at Planning Board and Council and would face questioning on its impacts to the neighborhood. The Chair Called for Opponents. The Chair Called for Opponents. Mike, the son of applicant Zene Johnson owns the dogs in question. He plans to move the dogs off premises once the variance request is approved. They have gone through permitting the dogs at the 503 Fir Ave house for now. Mike and his wife are temporarily living at the 503 Fir Ave home in order to remodel the house. Will move out once the variance takes place and the house is rehabilitated. Mike and his wife and dogs will be moving out ASAP. Evan: Parking for both residences? There is a garage attached to the 1313 E. Main St. home. Curb cut exists for 503 Fir Ave. Dan: Would the second lot be buildable? It already has an existing home that is being renovated. Judy provided background as to the 503 Fir Ave house that was previously used as a glass shop. Gavin Motioned to approve the variance with the conditions presented by the Planning Director and additional motion noted on the attached staff report. Dan Seconded. Motion Carried. The Chair closed the Public Hearing. 4. Public Hearing: Zone Change Request for Lots within the Iron Horse Station Subdivision Nick provided the summary of the situation for Planning Board. Nick provided answers to questions about access and density changes, details about the change. Jon: What will the parking situation be like? Most likely will be on -lot, similar to the duplexes. Members discussed access needs for the abandonment of Short Line Drive. Discussion of the adjacent right of way. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Proponents. The Chair called for Opponents. Wilton Olson. Concerned about the density of the new houses as well as the closed nature of the agreement between the developer. Questioned the Planning Director's statement of agreeing with more density within the subdivision and that area of the city. The Chair called for Opponents. The Chair called for Opponents. Gavin motioned to approve the Zone Change for Iron Horse Station Subdivision as presented. Jon Seconded. Motion Carried. New Business 5. Sign Review: Sunlight Properties Members reviewed the design for the Sunlight Properties sign. Nick provided a color image version of the black and white image provided in the packet. Gavin motioned to approve the Sunlight Properties sign as designed and presented. Evan Seconded. Motion Carried. Old Business Other Items 6. Ongoing Projects Nick provided some details on ongoing projects within Laurel and its Planning and Zoning jurisdiction. ➢ Cherry Hills 3rd Filing ➢ Goldberg Sporting Estates ➢ Dyer PUD — 81h Street ➢ 8th Avenue ➢ Burger King Lot ➢ Zoning Code Update ➢ Zoning Jurisdiction Expansion Evan suggested that a new zoning code update include language banning certain refrigerants in new construction. Dan Wells — Regal Community Park? No updates on the situation yet. Nick will follow-up with Dan Wells Announcements 7. Adjourn Meeting The Chair adjourned the Meeting at 6:43PM. 8. Next Meeting: March 17, 2021 The City makes reasonable accommodations for any known disability that may interfere with a person's ability to participate in this meeting. Persons needing accommodation must notify the City Clerk's Office to make needed arrangements. To make your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana. DATES TO REMEMBER