HomeMy WebLinkAboutCity Council Minutes 03.09.2021MARCH 9, 2021
A regular meeting of the City Council of the City of Laurel, Montana, was held in the
Council Chambers and called to order by Mayor Tom Nelson at 6:30 p.m. on March 9, 2021.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
OTHER STAFF PRESENT:
Emelie Eaton Heidi Sparks
Bruce McGee Richard Herr
Scot Stokes Iry Wilke
Richard Klose
Don Nelson
Stan Langve, Chief of Police
Nick Altonaga, Planning Director
Mayor Nelson led the Pledge of Allegiance to the American flag.
Mayor Nelson asked the council to observe a moment of silence.
MINUTES:
Motion by Council Member McGee to approve the minutes of the regular meeting of
February 23, 2021, as presented, seconded by Council Member Wilke. There was no public
comment or council discussion. A vote was taken on the motion. All seven council members
present voted aye. Motion carried 7-0.
CORRESPONDENCE:
® Laurel Airport Authority Minutes of January 26, 2021.
COUNCIL DISCLOSURE OF EX PARTE COMMUNICATIONS: None.
PUBLIC HEARING:
Public Hearing On 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.
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
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.
Mayor Nelson opened the public hearing and asked Staff to present the item.
Nick Altonaga, Planning Director, reviewed the attached Staff report.
Mayor Nelson opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Nelson asked three (3) times if there were any proponents.
Zene Johnson, 1909 911' Street W Billings, MT 59102, stated that Patty Johnson was her sister. So I
am sure some of you who knew Patty. She died in May of last year. Her son is here and lives at 1313
E. Main. He does not want to be a landlord. She stated she had been a realtor for half her life. She
stated that she and Patty had talked about splitting this many times over the years because she didn't
like being a landlord either. She stated that she would get together with whoever was the Planner at
that time and give her the information, and she just never got around to getting the surveyor there
and getting it done. Now it is really something that needs to be done. Brian, they have three little
kids. Two of them are, I am not sure exactly what you call it if you are going to be adopting, but you
Council Minutes of March 9, 2021
can't because two of those children have native blood and so, therefore, they cant be adopted, but
whatever the step just below that is. In other words, they will be their parents forever. They both
have some issues because of fetal alcohol syndrome, and what have you. Brian and Joanna have to
work very hard to take care of the children. It takes a lot more concentration than it does just to take
care of our own kids. Anyone who has kids knows it takes a lot to take care of any child. Then when
you have one with special needs.
Brian does not want to be a landlord. She stated she is a contractor and built houses in Laurel many
years ago. What we would like to do is fix the place up, make it look nice and function nice and sell
it. They would like to sell it because sellers and buyers take better care of the property than renters
do. She stated she has rentals; she knows this. Once we have a family or whatever you call a group
of people that live together these days. They would probably take better care than could ever be
maintained as far as having as a rental. Anyone in here that has rentals knows that it takes a special
personality to be able to deal with rentals. It comes back to the point that having owners live in the
property over having a rental. That is basically what I am asking to have done is have it split off. She
stated she has talked to the surveyor; as soon as we have the blessing of the City Council, she can get
the surveyor there and get what needs to be done, done.
Mayor Nelson asked three (3) times if there were any opponents. There were none.
Council Member Klose stated that at Workshop, he had asked if each property had separate utilities
or if some of those were joint. The applicant clarified the utilities are separate.
Mayor Nelson stated that he would not have Staff respond to questions as there were none.
Mayor Nelson closed the public hearing.
Public Hearing On A Resolution Approving Zone Changes For Block 7, Lots 3-I1 Iron
Horse Station Subdivision, Phase II, An Addition To The City Of Laurel.
Mayor Nelson stated this is the time and place set for the public hearing on the City of Laurel's
Resolution Approving Zone Changes For Block 7, Lots 3-11 Iron Horse Station Subdivision, Phase
II, An Addition To The City Of Laurel.
Mayor Nelson opened the public hearing and asked Staff to present the item.
Nick Altonaga, Planning Director, reviewed the attached Staff report.
Mayor Nelson opened the floor for public comment and stated that copies of the rules governing the
public hearing were posted in the council chambers.
Mayor Nelson asked three (3) times if there were any proponents. There were none.
Mayor Nelson asked three (3) times if there were any opponents.
Zena Payton, 1131 Colorado Avenue, stated that she is opposed to this zone changes, specifically the
apartment complex. We, as owners close to that zone change, are worried about more crime and
theft. We have about a five -acre lot out there. We have not had a problem with theft in the past. It is
her understanding that they are wanting to build two to three apartment complexes. With that brings
increased crime, increased theft. She stated that she is not sure about the rental proponents that go
with that. Not that she is opposed to low-level rentals; however, with the City of Billings and the
City of Laurel and their growth, we do have increased crime levels. She stated she is concerned with
that. She stated that would be her opposal to this zone change.
Nick Altonaga, Planning Director, stated these lots are not big enough for large multi -unit apartment
complexes. It will be more like a four-plex.
Mayor Nelson stated that he would not have Staff respond to questions as there were none
Mayor Nelson closed the public hearing.
CONSENT ITEMS:
Claims entered through March 5, 2021.
A complete listing of the claims and their amounts is on file in the Clerk/Treasurer's Office.
F��
Council Minutes of March 9, 2021
® Approval of Payroll Register for PPE 2/21/2021 totaling $192,321.38.
® Workshop Minutes of November 19, 2019.
* Workshop Minutes of July 7, 2020.
® Workshop Minutes of July 21, 2020.
The Mayor asked if there was any separation of consent items. There was none.
Motion by Council Member Eaton to approve the consent items as presented, seconded by
Council Member McGee. There was no public comment or council discussion. A vote was taken on
the motion. All seven council members present voted aye. Motion carried 7-0.
CEREMONIAL CALENDAR: None.
REPORTS OF BOARDS AND COMMISSIONS:
0 Planning Board Minutes of February 17, 2021.
AUDIENCE PARTICIPATION (THREE-MINUTE LIMIT): None.
SCHEDULED MATTERS:
Appointment of Josh Anderson to the Laurel Police Reserves.
Chief Langve gave a brief overview of Mr. Anderson's qualifications. He is expected to
graduate from the Reserves class on May 15"'. Council is invited to attend.
Motion by Council Member McGee to approve the Mayor's appointment of Josh Anderson to
the Laurel Police Reserves, seconded by Council Member Eaton. There was no council discussion.
A vote was taken on the motion. All seven council members present voted aye. Motion carried 7-0.
® Resolution No. R21-14: A Resolution Declaring Certain City Property "Surplus"
Available For Sale Or Trade To The Public Or Other Governmental Entities Or
Vendors.
Motion by Council Member Sparks to approve Resolution No. R21-14, seconded by Council
Member Eaton. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
m Resolution 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.
Motion by Council Member Herr to approve Resolution No. R21-15, seconded by Council
Member Wilke. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
® Resolution No. R21-16: A Resolution Approving Zone Changes For Block 7, Lots 3-11
Iron Horse Station Subdivision, Phase II, An Addition To The City Of Laurel.
Motion by Council Member Wilke to approve Resolution No. R21-16, seconded by Council
Member McGee. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
® Resolution No. R21-17: A Resolution Of The City Council Approving A Task Order
For KLJ Engineering Inc. To Authorize Work On The Water Storage Tank Roof
Recoat Project For The City Of Laurel.
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Council Minutes of March 9, 2021
Motion by Council Member Klose to approve Resolution No. R21-17, seconded by Council
Member Wilke. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
ITEMS REMOVED FROM THE CONSENT AGENDA: None.
COMMUNITY ANNOUNCEMENTS (ONE -MINUTE LIMIT): None.
COUNCIL DISCUSSION:
A Council Member noted that there seems to be a lot of helicopter activity today. They questioned if
the Mayor knew what was going on at the Laurel Airport. Mayor Nelson stated he did not know, but
most likely fire season preparations.
MAYOR UPDATE:
Mayor Nelson reminded Council that March is a 5 Tuesday month. There is no meeting on March
30, 2021.
UNSCHEDULED MATTERS: None.
ADJOURNMENT:
Motion by Council Member Eaton to adjourn the council meeting, seconded by Council
Member McGee. There was no public comment or council discussion. A vote was taken on the
motion. All seven council members present voted aye. Motion carried 7-0.
There being no further business to come before the council at this time, the meeting was adjourned at
7:09 p.m.
Brittnt4�y,dministrative Assistant
Approved by the Mayor and passed by the City Council of the City of Laurel, Montana, this 23`d day
of March 2021.
Attest:
Bethany Lang e, r Treasurer
Thomas C. Nelson, Mayor
4
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,OOOsgft 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.
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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:
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
Laurel Variance Request Application
JAN 2 2 2021
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: -AILA /V 'Z�2L'i)(90N
2. Name of Applicant if different from above: _ N IS . % U H/w 5Ujoj
. ,
3. Phone number of Applicant:=�� .�f� _ % 1774
4. Street address and general location: /= -i R � j 1 /�a;7-
5. Legal description of the property: )) V{ 17 71Lt !3 D 19l/!:;�,k' 14 I_ D 1 1 j
6. Current Zoning: <1.. '
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
RE: Laurel Municipal.0
.020
r; o, 10,
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. 1 subsequently inherited the property, which consists
of two houses and a couple of storage sheds. fitly family now lives in the house
at 1313 E. Dain. It had been extensively remodeled after a fire 6 or 7 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
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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
B00855
1328 RIDGE DR
LAUREL, MT 59044-1816
HINES, MICHAEL
B00854
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 J
800851
518 FIR AVE
LAUREL, MT 59044
FRANK, TANCY
B00850
8522 DANFORD RD
LAUREL, MT 59044-8317
SMITH, BRAD M
B00849
524 FIR AVE
LAUREL, MT 59044
THIEL, LARRY V TRUSTEE
B00855
1328 RIDGE DR
LAUREL, MT 59044-1816
HINES, MICHAEL J
800854
504 FIR AVE
LAUREL, MT 59044
ROMEE, MICHAEL P & JUDY ANN
B00853
619 E STH ST
LAUREL, MT 59044-2710
ATKINSON, RITA R
B00852
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
B00849
524 FIR AVE
LAUREL, MT 59044
THIEL, LARRY V TRUSTEE
800855
1328 RIDGE DR
LAUREL, MT 59044-1816
HINES, MICHAELJ
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 J
B00851
518 FIR AVE
LAUREL, MT 59044
FRANK, TANCY
800850
8522 DANFORD RD
LAUREL, MT 59044-8317
SMITH, BRAD M
B00849
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
B00GIERKE, GUY W 61 B00861 B00861
519 ELM AVE 519 ELM AVE 519 ELM AVE
519 EL
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
800858 B00857
519 W 11TH ST
LAUREL, MT 59044
FIECHTNER, BRIAN K
B00856
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
800863
7263 FOLSOM RD
BILLINGS, MT 59106-2536
GEORGE, MIKE R & STEPHANIE A
800871
1304 E 6TH ST
LAUREL, MT 59044
YODER, JOHN ARLEN
B00860
513 ELM AVE
LAUREL, MT 59044
FOSTER, JEREMY
B00859
509 ELM AVE
LAUREL, MT 59044
STEINMASEL, TERRY A & TRACY
800858 B00857
519 W 11TH ST
LAUREL, MT 59044
FIECHTNER, BRIAN K
B00856
4215 HILLCREST RD
BILLINGS, MT 59101
SUMMERS, DIANE MARIE & DELORES
SCHIED
800866 800865
2202 WILLOWBROOK WAY
BILLINGS, MT 59102-2880
TINNES FAMILY TRUST
800864
7974 ROBIN RD
PARKER, CO 80138
PAUL, JAMES 1 & 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
B00858 B00857
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 1 & 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
800870 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
5 515 FIR AVE 515 FIR AVE
51155 FIR
IR 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
B00867
503 FIR AVE
LAUREL, MT 59044
ARROYO SECO GROUP INC &
800873
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 &
B00873
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
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 17th 2021
Additionally, the City Council has scheduled a public hearing for the consideration of the variance request.
The City Council hearing is scheduled for 5:30 P.M., in the City Council Chambers at City Hall 115 West
1st Street, laurel, Montana, on Tuesday, March 9th 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 171
and March 9t''. Public comment can also be made via email to the Planning Director, or via letter to the
Planning Department office at 115 West V 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 citvplanner(a)laurel.mt.gov.
Montana Department of Transportation
Right -of -Way, Bureau
PO Box 201001
Helena, MT 59620-1001
ROVIAFornisonWl
I IIS ISI IIII III III Iii SII Ifl IIS III IHI 3429593
Page: I of 3
0711012007 09,524
Y611oustone County aso 33.00
State of Montana
Department of Transportation
Right -of -Way Bureau
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
Project ID: HSIP 4-2(32)55 Parcel No.: 13
Designation: 2002 - TURN LANE - LAUREL
Project No.: 5304-032
Bargain and Sale Deed
Revised WAM
County: Yellowstone
This Deed, made this ?*—* day of _ -7,0ove , 200_Z, 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
608 Fir ft—, /-,? f.? 4MAx7,
Laurel, MT 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
Yellowstone 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
3429593
Page; 2 of 3
0711012007 09:62A
Bargain And Sale Deed a out ona ountv grab
Project ID: HSIP 4-2(32)55 Parcel No.: 13
Designation: 2002 - TURN LANE - LAUREL
to Gll;tf�%,= is ==,e surface of the above-described
n 8='2th the 6 a, gas. oil and minerals
UcZm
and --yd Ils.
shall not be disturbed, interfered with or same. provided that Such right, the surface thereof
building materials, damaged. This exception and reservation does not include send, gravel and other road
which are conveyed by M Deed.
Further excepting and reserving unto the Grantor(s), her heirs, successors and
canals, Irrigation systems, existing Or as relocated, if any, Including but not limi assigns. aft water, water rights, ditches,
contracts arid any and all Other indicia of water, water right and ditch ownership,led to, water stock or shares, bonds, certificates,
described therein, save and except groundwater for the use, benefit and or any Interest therein appurtenant to the land
Purposes of the GrantWs).
for anThe Grantor(s) further expressly waives and relinquishes all rights as Owner or successor In Interest provided under law,
y The
to repurchase all Or a portion of this property should It be determined no longer to be necessary for highway
purposes.
To have and to hold the above-described and conveyed premises, with all the reversions, remainders, tenements,
hereditaments and appurtenances thereto, unto the City of Laurel, Montana, and to Its successors and assigns forever.
This Deed s executed on the date of its last acknowledgment,
State of —M,9 �U 'rA A)A
County of YA44-o zaS 7-0 Pi E
This instrument was OcknOWledged
before me on -71JIV
by PA M!C Lq . -NAW.-) (date)
7
Mrantor(s)) rd6t-4-
Notruy
Signature Line
VqA)1C4
(Seal)
Notary Printed Name
0 Notary Public for State of
A104 rA J
Residingat_ A?iZ-t.' 6- ±10-r,4414
MY Commission Expires:., r MAY Y .088
State of
County of
This instrument was acknowledged before me on
by
Notary Signature L�Ine
(seat) Notary Printed Name
Notary Public for state of
Residing at:
MY Commission Expires:
Recording Information
Page 2 of 2
®I
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3429593
(� �$ §��§ §$ Pao*: 3 of 3
071101"07 09-M
_w no 33,00
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.
2 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.
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
LI
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 (a)
NA
20
20 NA
20
20
20
20
20
Side tel
0
0 1
0
1 0
1 0
0
0
Side adjacent to street
10
10
10
10
10
10
10
Rear M
0
0
0
0
0
0
0
Maximum height for all buildings kl
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
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 I opposed to this variance, but vehemently opposed to this variance.
Sincerely,
Rita Atkinson
510 Fir
Laurel, Mont.
Laurel City Planner
From: Ron Bureau <RDBU1003@msn.com>
Sent: Sunday, February 7, 2021 1:19 PM
To: Laurel City Planner
Subject: Public hearing 503 Fir Ave.
Hello,
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 to establish a commercial dog kennel. This property does not conform to the zoning district
requirements. The splitting of the lot into two lots will create, as the City had pointed out, a non -conforming lot and is
not allowable. We have no problem with the splitting of lot as long the variance states these lots are to be residential
rather than commercial.
Some of our neighbors as well as us have called the Laurel Police due to the constant noise from all the barking
dogs. The barking goes on for hours at a time, literally all day and night. This being a residential area, will affect all
residences within a two -block area if not more. At one point, Laurel had a City Ordinance that permitted no more than 3
dogs permitted at any one residence.
503 Fir Ave currently has approximately 10-11 dogs (that we have counted on a few 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
with.
Please decline the request for the variance change as stated in the notice to 503 Fir Ave.
Thank you.
Sincerely,
Ronald and Darla Bureau
518 Fir Ave
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LAUREL PLANNING .
REPORTTMENT
STAFF
TO: Laurel City -County Planning Board and Zoning Commission
FROM: Nicholas Altonaga, Planning Director
RE: Iron Horse Station Subdivision Zone Change
DATE: February 12, 2021
The owner/develop of Iron Horse Station Subdivision has requested a zone change for a portion
of the subdivision known as "Phase Two." The area requested for a zone change includes Lots
3-11, Block 7, of Phase Two of the Iron Horse Station Subdivision.
This zone change was included in a settlement agreement made between the owner/developer
of Iron Horse Station Subdivision and the City of Laurel. The owner/developer requests that
Lots 3-11, Block 7 of the Iron Horse Station Subdivision be rezoned from Residential -6000 to
Residential Multi -Family (RMF). This Zone Change is required as per the settlement agreement
made between the Owner/Developer of Iron Horse Station Subdivision and the City of Laurel.
Owner:
Iron Horse Station LLC
Legal Description:
IRON HORSE STATION SUB, S09, T02 S, R24 E, BLOCK 7, Lot 3-10, (06)
Address:
1110 Great Northern Road
•
i Acres
Existing •Use:
Vacant
Proposed Land Use:
Multi -Family Residential use
Existing Zoning:
Residential 6000
Proposed Zoning:
Residential Multi -Family
n¢'�1tr.���f,J'
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The Planning Director met with the Public Works Director and City Attorney to discuss
the capacity and specifics of the zone change request in December, 2020.
The Zone Change is included in a settlement agreement between the owner/developer
of the Iron Horse Station Subdivision and the City of Laurel.
The settlement agreement was approved by the City of Laurel on February 9, 2021.
® The Zone Change application was prepared and submitted to the Laurel Planning Board
for its February 17, 2021 meeting as part of the conditions of the settlement agreement.
® A public hearing for the Zone Change application will be held on March 9, 2021 at the
Laurel City Council.
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 is requesting a zone change from Residential -6000 (R-6000) to Residential
Multi -Family (RMF).
•:° The Zone Change shall be completed by March 15, 2021 as described in the settlement
agreement between the owner/developer of Iron Horse Station Subdivision and the City
of Laurel.
The City of Laurel has the capacity to meet the flow/demand needs of the new zoning
designation.
•:° The City of Laurel has a water line that runs through Lots 3-11, Block 7 of the
subdivision.
The public noticing requirements have been met.
The zoning commission shall review and take action upon each application in accordance with
the provisions of this chapter, and after a public hearing at which the application shall be
presented to the zoning commission by the planning director together with his findings and
conclusions on the matter. A report of the commission's recommendation and the planning
director's findings and conclusions shall be submitted to the city council.
A. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
B. The zoning commission shall adopt such rules and regulations for the conduct of public
hearings and meetings, which shall be published and available to the public, as well as
conflict of interest rules, to ensure that no member is entitled to vote on a matter in
which he has an interest directly or indirectly.
Fq
The Planning Director recommends that the Planning Board approve the zone change. The
Planning Director has prepared drafted conditions of approval which are presented below.
1. The Owner/Developer shall comply with all the requirements of LMC Chapter 17.72
2. The Owner/Developer shall submit any and all applicable and necessary permits and
fees for development of the parcels subject to this zone change approval.
3. The Owner/Developer shall not install and/or operate any uses on parcels subject to this
zone change which are not allowable under LMC Chapter 17.16.
1. Exhibit A.
2. Overhead Map with 300ft buffer
3. Iron Horse Station Subdivision plat (2005)
4. List of Adjacent Property Owners
5. Public Hearing Notice
6. LMC 17.72—Amendments
7. LMC 17.16 — Residential Districts
-- ---------
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SCOTT 1 CHESTER TRUST
D02522
405 E 13TH ST
LAUREL, MT 59044
EVANS, WAYNE & NORMAN
& ESTHER P
B01526
938 ARONSON AVE
BILLINGS, MT 59105-2331
WOLLMAN, JUNTA JOYCE
B01550
PO BOX 272
LAUREL, MT 59044-0272
BOUCHER, RONALD C &
NATALIE L
B03033
130 E 13TH ST
LAUREL, MT 59044-1828
OLSON, WILTON B
B03034
PO BOX 1116
LAUREL, MT 59044-1116
FRANK, TODD K
803035
350 E 13TH ST
LAUREL, MT 59044
METZGER, G M & LORETTA
B01558
215 E MARYLAND LN
LAUREL, MT 59044-2123
MEADOWOOD APARTMENTS
LP
D02625
136 BURLINGTON AVE
BILLINGS, MT 59101-6029
LOUCKS, DALE W
B01543
201 E 12TH ST
LAUREL, MT 59044
WAYNE, JOHNNY
B01544
1115 MONTANA AVE
LAUREL, MT 59044
MAGNUS, DARRELL D &
MAYBELLE
B01557
1131 COLORADO AVE
LAUREL, MT 59044
WILMETH, MATTHEW K &
SHERRY L
B01547A B01555 B01554
B01557
2110 CHATTO DRIVE
BELGRADE, MT 59714
NUTTING DRAIN DISTRICT
D02623
1366 CLARHILL RD
LAUREL, MT 59044-8334
RESIDENTIAL SUPPORT
SERVICES INC
C14953
2110 OVERLAND AVE # 128
BILLINGS, MT 59102-6480
IRON HORSE STATION LLC
C14955M
PO BOX 80661
BILLINGS, MT 59108-0661
NESSAN, RICK
D12716
2432 HOWARD AVE
BILLINGS, MT 59102-4623
The Laurel City -County Planning Board and Zoning Commission will conduct a public hearing on a zone
change requested for parcels within Iron Horse Station Subdivision submitted by Representatives of Iron
Horse Station LLC. 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 17th 2021
Additionally, the City Council has scheduled a public hearing for the consideration of the zone change
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 9th 2021
The applicant is requesting a zone change from the R-6000 zoning district to Residential Multi -Family
(RMF) for Lots 3 to 11, Block 7 of the Iron Horse Station Subdivision. The Residential -6000 district is
intended to promote an area for a high, urban density, duplex residential environment on lots that are
usually served by a public water and sewer system. The requested Residential Multi -Family (RMF) zoning
is intended to provide a suitable residential environment for medium to high density residential dwellings,
and to establish a buffer between residential and commercial areas.
Public comment is encouraged and can be provided in person at the public hearings on February 171
and March 911. Public comment can also be made via email to the Planning Director, or via letter to the
Planning Department office at 115 West 15t Street Laurel, MT 59044. A copy of the zone change
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 citvplanner@laurel.mt.gov.
Chapter 17.72 - AMENDMENTS
Sections:
17.72.010 - Purpose of provisions.
Whenever the public necessity, convenience, general welfare, or good zoning practice requires, the
city council may amend, supplement, or change the regulations in this title, or the zoning boundaries or
classification of property on the zoning map, as set forth in this chapter.
(Prior code § 17.84.0 10)
17.72.020 - Amendment procedure.
Amendments to the text of the title and/or changes in the zoning boundaries or classification of
properties shown on the zoning map may be initiated by the city council on their own motion, or upon
recommendation of the planning board but no amendment shall become effective unless it shall have
been submitted to the zoning commission for review and recommendation. Before enacting an
amendment to this title, the city council shall give public notice and hold a public hearing thereon.
(Ord. 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.025 - Amendment by private property owner.
Amendments to the zoning boundaries or classification of property shown on the zoning map may be
initiated by property owners of the land proposed to be rezoned, by the filing with the zoning commission
secretary of a zoning change application, which application shall be provided by the zoning commission
secretary, and accompanied by all other materials and data required in the application.
(Ord. 01-4 (part), 2001: Ord 96-5 (part), 1996; prior code § 17.84.020 (part))
17.72.030 - Preapplication conference required.
Persons or parties interested in submitting an application for a zoning change shall consult with the
planning director and the building inspector, at a joint meeting, if possible, concerning a proposed zoning
change, its relation to and effect upon the comprehensive plan, any applicable specific plans or any plans
being prepared by the planning department, and whether the proposed change is in conformance with
public necessity, convenience, general welfare and good zoning practice.
(Prior code § 17.84.030)
17.72.040 - Application requirements.
A. Unless initiated by the city council or planning board, all applications for official map amendments
must be submitted by the owner of such property, the contract purchaser, or the authorized agent of
the owner. An application for an amendment affecting the same property shall not be submitted more
often than once every twelve months. The zoning change application shall contain the following
information:
1. Name of applicant;
2. Mailing address;
3. Telephone number;
4. Accurate legal description of location;
5. Nature of zoning change requested;
6. Description of present land uses;
7. Description of adjacent land uses;
8. Statement of intended land use;
9. Statement concerning any expected effect upon the adjacent neighborhood;
10. Date of preapplication conference;
11. Names and addresses of adjacent property owners, within three hundred feet;
12. Signature of applicant;
13. Payment of all applicable fees.
B. An application for amendment to the official map shall be made on or before five p.m. of the first day
of the month preceding the date of the public hearing before the zoning commission. When the date
of submittal falls on a weekend or holiday, the submittal shall be on the following day before five p.m.
C. An application for a zone change may not be withdrawn or amended after the legal advertising, as
required by this section, has appeared for final public hearing before the city council. An applicant
may be allowed to withdraw at the time of the zoning commission hearing by a majority vote of the
members present without requiring council approval of the withdrawal and without prejudice with
respect to the twelve month waiting period providing, however, that no application be allowed to be
withdrawn more than once within the twelve month period after application shall have first been
submitted.
(Prior code § 17.84.040)
17.72.050 - Planning department evaluation responsibility.
The planning director, upon receiving an application for rezoning of an area or a particular place of
property shall do the following:
A. Consult with other departments of the city or county to fully evaluate the impact of any zoning
change upon public facilities and services including, but not limited to schools, drainage, traffic
and related facilities;
B. Study each application with reference to its appropriateness and effect on existing and
proposed land use, and references to the comprehensive plan;
C. In the case of a protest petition filed in the matter of any application for rezoning determine the
validity of such petition;
D. Advertise twice in a newspaper of general circulation in the jurisdictional area of the Laurel -
Yellowstone city -county planning board at least fifteen days in advance of the time and place of
the public hearing;
E. Notify, by mail, the applicant or his authorized agent five days prior to the date of the public
hearing of the time and place of such hearing;
F. Notify, by mail, all property owners within three hundred feet of the exterior boundaries of the
property subject to the rezoning; of the time, date, place of the public hearing and the existing
and proposed classification. Further, he may notify property owners within a radius of more than
three hundred feet if he determines that the proposed use of the property would have
substantial environmental impact on surrounding land uses;
G. The planning director shall report his findings and conclusions in writing to the zoning
commission, which report shall be a matter of public record.
(Ord. 014 (part), 2001; prior code § 17.84.050)
17.72.060 - Zoning commission action.
A. The zoning commission shall review and take action upon each application in accordance with the
provisions of this chapter, and after a public hearing at which the application shall be presented to
the zoning commission by the planning director together with his findings and conclusions on the
matter. A report of the commission's recommendation and the planning director's findings and
conclusions shall be submitted to the city council.
B. The zoning commission shall make a recommendation to the city council to:
1. Deny the application for amendment to the official map;
2. Grant action on the application for a period not to exceed thirty days;
3. Delay action on the application for a period not to exceed thirty days;
4. Give reasons for the recommendation.
C. The zoning commission shall adopt such rules and regulations for the conduct of public hearings
and meetings, which shall be published and available to the public, as well as conflict of interest
rules, to ensure that no member is entitled to vote on a matter in which he has an interest directly or
indirectly.
(Prior code § 17.84.060)
17.72.070 - Public hearing—Notice required.
A. Before taking action on an application for an amendment to the official map, and after presentation
of the zoning commission's recommendation, the city council shall hold a public hearing on the
application.
B. The recommendations of the zoning commission shall be published twice in a newspaper of general
circulation in the jurisdictional area of the Laurel -Yellowstone city -county planning board, and not
less than fifteen days after the first publication of such notice, a final hearing shall be held at the next
regular meeting of the city council.
C. When such proposed amendment has been denied by the city council neither it nor one involving the
same tract(s) shall be offered for adoption within one year after such denial.
D. In case, however, of a valid protest petition against such change signed by the owners of twenty per
centum or more either of the lot included in such proposed change, or of those immediately adjacent
in the rear of extending one hundred fifty feet therefrom or of those adjacent on either side thereof
within the same block, or of those directly opposite thereof extending one hundred fifty feet from the
street frontage of such opposite lots, such amendment shall not become effective except by the
favorable vote of three-fourths of all the members of the city council.
(Ord. 01-4 (part), 2001; prior code § 17.84.070)
17.16.010 - List of uses.
Table 17.16.010 designates the special review (SR) and allowed uses (A) in residential districts.
Table 17.16.010
RE
22,000
R
7,500
R
6,000
RLMF
RMF
RMH
PUD
SR
RT
Accessory building or use incidental to any permitted
residential use customarily in connection with the principal
building and located on the same land parcel as the
permitted use
A
A
A
A
A
A
A
A
Animals (see zoning district description for specifics)
A
Automobile parking in connection with a permitted
residential use
A
A
A
A
A
A
A
A
Bed and breakfast inn
SR
SR
SR
SR
SR
SR
SR
SR
Boarding and lodging houses
SR
SR
SR
SR
SR
SR
SR
SR
Cell towers (see Sections 17.21.020-17.21.040)
Cemetery
SR
SR
SR
SR
SR
SR
SR
Childcare facilities
Family day care home
A
A
A
A
A
A
A
A
Group day care home
A
A
A
A
A
A
A
A
Day care center
SR
SR
SR
SR
SR
SR
SR
SR
Churches and other places of worship including parish
house and Sunday school buildings
SR
SR
SR
SR
SR
SR
A
SR
Communication towers (see Sections 17.21.020-
17.21.040)
Community residential facilities serving eight or fewer
persons
A
A
A
A
A
A
A
A
Community residential facilities serving nine or more
persons
SR
SR
SR
SR
SR
SR
SR
SR
Orphanages and charitable institutions
SR
SR
SR
SR
SR
SR
A
SR
Convents and rectories
SR
SR
SR
SR
SR
SR
A
SR
Crop and tree farming, greenhouses, and truck gardening
Day care facilities
SR
SR
SR
SR
SR
SR
SR
SR
Kennels (noncommercial)
A
A
A
A
A
A
A
A
Dwellings Single-family
A
A
A
A
A
A
A
A
Two-family
A
A
A
A
Multifamily
A
A
A
Manufactured homes
Class A
A
Class B
A
Class C
A
Row Housing
SR
SR
A
Family day care homes
A
A
A
A
A
A
A
A
Greenhouses for domestic uses
A
A
A
A
A
A
A
A
Group day care homes
A
A
A
A
A
A
A
A
Home occupations
A
A
A
A
A
A
A
A
Parking, Public
SR
SR
SR
SR
SR
SR
SR
SR
Parks, playgrounds, playfields, and golf courses community
center buildings—operated by public agency,
neighborhood or homeowners' associations
A
A
A
A
A
A
A
A
Planned developments
A
Post -secondary school
A
A
A
A
A
A
A
A
Preschool
SR
SR
SR
SR
SR
SR
SR
SR
Public service installations
SR
SR
SR
SR
SR
SR
SR
SR
Schools, commercial
SR
SR
SR
SR
SR
SR
SR
SR
Schools, public elementary, junior and senior high schools
A
A
A
A
A
A
A
A
Towers (see Sections 17.21.020-17.21.040)
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
25s
25
Side
5
54
54
54
5
5s
5
Side adjacent to street
20
20
20
20
20
105
10
Rear
5
5
5
5
5
25s
1 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
ri:67.07
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.
Z 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.