Loading...
2017-SEPTEMBER 12 MEETING SIGN-IN SHEET Project: a arson Cau I o m d o Adjusfimr t Meeting Date: September 12, 2017 Facilitator: LaDana Hintz Place/Room: MT City Fire Hall Name Phone E-Mail t .,ThAivitc(,- 4 '3.\6414.6- --6, CiAk- C---6/f(' M___C (IV'S' Qcxe/N y 20? 2./ ` y 441r ti ,4 /7// / ,- X6 -fs . ke. RI ho i -iio Ie ccs t. JEFFERSON COUNTY PLANNING DEPT E^ Courthouse PO BoxII 6. Boulder,MT 59632 ti gQ (406)225-4040 Date: September 6, 2017 To: Jefferson County Board of Adjustment From: LaDana Hintz, Planner Subject: September Board of Adjustment Meeting Dear Board of Adjustment Members, The Board of Adjustment will be meeting in the Meeting Room at the new Montana City Fire Hall located at 1192 Highway 282 north of the roundabout on Tuesday, September 12th at 6:00 PM. . There will be a public hearing on the Ekins Conditional Use Request. A copy of the Staff Report, Fmdings,and Conditions have been attached foryour reference. Please note that Attachment 6c references photos,however only one copy of the photos has been provided; so they will be:circulated at the.Board meeting for you to review. Please take the time to review the attached materials prior to the September 12th so you can understand what is being requested and formulate questions you may want to ask during the discussion. _ sea d 0 0 0 o attendinEok,—Erre a"eala � ditoo wo evardin_ Or-o on"0s;Q[t tb Seo e be arRse If for some reason you are unable to attend,please let me know prior to the meeting as we must have a quorum(at least three of five members)present to conduct business and hold a public hearing: Please contact me if you have any questions orneed additional information prior to the meeting. JEFFERSON COUNTY PLANNING DEPT Courthouse 1 ,.n� PO Box H c qd laa a�i.f Boulder,MT 59632 E C l] (`�{E�[1 lr� ' (406)225-404.4 . :; Date:.September 6, 2017 To: Applicants.and Agents From: LaDana Hintz,Planner Subject: September Board of Adjustment Meeting Dear Applicants or Agents, The Board of Adjustment will be meeting in.the Meeting Room at the new Montana City Fire Hall located at 1192 Highway 282 north of the roundabout on Tuesday, September 12th at 6:00 PM. The Board of Adjustment is scheduled to hold a public hearing on your proposed zoning conditional use request during that meeting. Please fmd the enclosed copy of the materials the Planning Staff has provided the Board of Adjustment to assist in their review. When it is time to review the conditional use request,the Planning Staff typically gives the Board of Adjustment a short presentation.You are also encouraged to give a short presentation about your proposal. This is a great opportunity for you to provide the Board with additional details or clarification.The Board may have questions for you, so you should be prepared to discuss your project in detail if there are questions or concerns raised.. Be aware that the Board of Adjustment's hearing is a publicforum, so the pubic,which may include adjacent landowners or others that are impacted, can comment on your proposed development.Please be considerate while comments are being gathered. Once all comments are gathered,the Board of Adjustment may have additional questions or items to discuss with you. Please let me know if you have any questions or need additional information prior to the meeting. '. JEFFERSON COUNTY PLANNING DEPT . Courthouse PO Box H a t 'ftt f Boulder,MT 59632 G ' 1';-,Y (406)225-4040 Jefferson County Board of Adjustment Meeting Agenda Tuesday, September 12, 2017, 6:00 PM Meeting Room at New Montana City Fire Hall The Board of Adjustment will discuss following topics: 1. Call to Order 2. Establish a Quorum 3. Public Comment on Matters Not on the Agenda 4. Correspondence/Communication 5. Review minutes a. July 11, 2017 6. New Business a. Public Hearing-Ekins Conditional Use Request 7. Old Business -None 8. Adjournment JEFFERSON" COUNTY PLANNING: DEPT �✓;a Courthouse PO Box A r- ,, .i. Boulder,MT 59632 r4 = (406)225-4040 BOARD OF ADJUSTMENT MEETING MINUTES: Montana City Fire Hall Meeting Room July 11, 2017 6:00 PM 1. BOARD MEMBERS PRESENT: John Hilton, Eric(John) Barbee,Mike Dalbec 2. BOARD MEMBERS ABSENT:Dennis Spencer, Chris Barry 3. COUNTY STAFF/OFFICIALS PRESENT: LaDana Hintz (Planner) 4. PUBLIC PRESENT: Ken Viverette(agent for DeLude &Reynolds), Pamela Bompart 5. CALL TO ORDER: LaDana Hintz called the meeting to order at 6:10. It was determined that there was a quorum of Board of Adjustment members present. 6. CORRESPONDENCE/COMMUNICATION: None 7. NEW BUSINESS: Election of officers: John Hilton was nominated as chairman and Eric Barbee was nominated as vice chairman. The Board voted unanimously to approve the nominations. 8. PUBLIC HEARING: DeLude&Reynolds variance request: Ken Vivrette was present to represented Jacob DeLude and Tel Reynolds. The applicants requested a variance for a reduced minimum lot size below the 10-acre density minimum that is required within the R-4 zoning area. Attachment A contains a summary of the discussionand decision. Eric Barbee made a motioned to approve this variance request, including adopting the staff report and staffs findings and the Conditions of Approval as amended. John Hilton seconded the motion.The motion carried with a vote of 3-0 to approve the DeLude &Reynolds variance request for a reduced minimum lot size associated with properties located in the North Jefferson County Zoning District,R-4 zoning area. As reviewed and approved, one lot must be greater than 9 acres and the other must be greater than 10 acres. 9. OTHER BUSINESS: There,are no other pending items for the Board of Adjustment to review. The Planning Staff will notice the Board members when the next items are received. 10. MINUTES: The minutes from November 10,2016 were approved as written. 11. PUBLIC COMMENT: No public comments were received. 12.NEXT MEETING DATE: The next meeting will be scheduled when an application or appeal is received for consideration. 13.ADJOURNMENT: The Board adjourn at 6:35 PM. These minutes have been prepared by Jefferson County's Planning Staff. These minutes represent a summary of the discussions from the July 11,2017 Board of Adjustment meeting. The Board of Adjustment accepts these minutes as the record. qi,q Board o i Adjustment Representative Ap royal Date 2 ATTACHMENT A DeLude & Reynolds Variance Request Public Hearing Discussion,Summary LaDana Hintz presented a summary of the staff report to the Board of Adjustment and showed the location of the properties on the zoning map. She pointed out that the proposed lot sizes were switched on Attachment 3 -Amended Tract C should be 10 acres and Tract D should be 9.23 acres. Ken Vivrette explained his clients' proposal. They are trying to balance out the lot sizes. It would also allow for better building sites that conform to the zoning regulations. John Hilton asked why the density was 10 acres in this area. Ken Vivrette provided an explanation since he was the chair of the zoning board when they started doing the zoning. The 10 acres was selected because a lot of residents in that area wanted it to be 10 acres and it was difficult to change the lot size to anything else. In this case,the dividing line that separated the R-1 and R-4 zones was McClellan Creek Road. LaDana explained that roads are commonly used to help provide a boundary and define zoning areas. John asked why the lots could still be developed if the variance is not approved. LaDana explained that the lots currently exist, so they could be developed with a unit. Ken reiterated that many lots existed when zoning went into place and those lots may not have complied with the minimum lot size required by the new zoning. LaDana pointed out that there are many lots within the R-4 zoning area that do not meet the 10 acre minimum and at some point when the zoning is updated,the minimum size required should be changed to match the reality of what actually exists; establishing an R-2 or R-3 zoning area in a portion of the R-4 zone might be an option. The Board discussed whether or not a precedence would be set if this request was approved. LaDana reminded the Board that variances are approved on a case-by-case basis and under each review the applicant's situation, impacts to adjacent properties, and their proposed mitigation are all taken into consideration. She could find evidence that Jefferson County has previously approved of at least two similar density variance requests. The Board discussed the comment letter received by Erin DeBorde and determined that her situation involved an administrative appeal regarding establishing three units on a property that would not meet the zoning density requirement, and the appeal was denied. They determined that her situation was not the same as the proposed variance request. In this instance they were not asking for additional units or to create new lots,they were asking to move a boundary line between two existing lots to bring them closer to the zoning density requirement and each lot could already be developed with a unit. The DeBordes could come to the Board of Adjustment and have a conditional use or variance request reviewed and the facts associated with their particular situation would be reviewed. Eric Barbee pointed out that this is expanding non-conformity on a lot and increasing conformity of another lot.LaDana pointed that the Board probably should not lock the proposed lots into the specific lot sizes of 9.23 and 10 acres because those values might change,which would cause the applicants to have to come back to the Board of Adjustment to have their approval amended. The 3 Board discussed what the lot size minimums should be. They decided that one lot could be no less than 10 acres and the other one had to be more than 9 acres. The Board discussed the project further. They pointed out that no new lots were being created and that there is an existing non-conformance and that the proposal meets the criteria for a variance. Eric made a motion to approve the variance request for DeLude &Reynolds including adopting the staff report, staff's findings, and the amended Conditions of Approval. John seconded the motion. The motion carried with a vote of 3-0. 4 STAFF REPORT EKINS CONDITIONAL USE REQUEST NORTH JEFFERSON COUNTY ZONING R-3 ZONING AREA SEPTEMBER 6,2017 GENERAL INFORMATION: Applicant: Dennis(Denny) &Vandi Ekins Owners: Dennis(Denny) &Vandi Ekins Application Type: Conditional Use: Expansion of existing accessory structure Date Received: August 2, 2017 (Conditional Use application) July 21, 2017 (site permit application) Date of Legal Notice: August 23,2017 (adjacents),August 30, 2017(Boulder Monitor) Date of BOA Hearing: September 12, 2017 PROPOSAL: The applicants have requested a Conditional Use that would allow them to expand an existing accessory structure. They are proposing to build an addition onto an existing accessory structure (barn). Section 4.4.2.2 of the zoning regulations states that without a Conditional Use permit, an accessory building shall not exceed the footprint of the primary dwelling. The existing barn's footprint is 120-feet by 78-feet and it contains 9,360 square feet. The proposed addition would have a footprint of 78-feet by 40-feet and contain 3,120 square feet. The addition would be used to store vehicles, trailers, and hay, which are all currently being stored within an indoor riding arena, thus prohibiting use of the arena. PROPERTY DESCRIPTION: The 6.11-acre property,which is located at 8 Tiger Gulch Road within Section 4,Township 9 North, Range 3 West, is further described as Lot 8-B2 of the River Minor Subdivision as shown on COS 212891,Folio 655A(see Attachment 1). There are three roadways and a driveway that border or run through the property. South Hills Road runs east and west along the southern property boundary. South Hills Drive runs northwest along the northern portion of the western property boundary.Tiger Gulch Road runs north and south along the southern 2/3rds of the western property boundary before turning to the east and dividing the lot in two portions. To the south of Tiger Gulch Road, a driveway passes through the subject property to provide access to the adjacent eastern property. Development on the lot consists of a single family residence, a small storage shed, and a barn with an indoor riding arena, stall area and outdoor corrals (see Attachment 2). The property has an individual onsite well and drainfield. The remainder of the lot contains open grassed areas, some timber, and sloped areas. Photos of the property and its existing development are included in Attachment 4. Google Earth Street View images are included as Attachment 5 to show the area topography in relation to the lot's existing development. The subject property is located approximately 0.5 miles south of the Lewis and Clark County line and the City of Helena. Properties in the area are used primarily for residential purposes. 1 APPLICABLE REGULATIONS: AMENDED NORTH JEFFERSON COUNTY ZONING REGULATIONS, MAP, AND WRITTEN DESCRIPTION Jefferson County Planning Board Sub-Committee October 1996, County Commission Amendment October 1997, Planning and Zoning Commission Amendment March 2012, County Commission Amendment November 26, 2013 (Resolution 27-2013). APPLICABLE SECTIONS: CHAPTER I- GENERAL PROVISIONS SECTION 1.2-PURPOSE AND INTENT It is intended that these Zoning Regulations will comprise of a comprehensive Zoning Plan made up of ten(10) land use classifications in several zoning districts, each with distinct boundaries as defined in Exhibit"A" (amended map zone districts). The purpose of the North Jefferson County zoning regulations is: to promote health, safety, and general welfare of the community; to protect property values; to protect and conserve natural resources; to provide adequate accommodations for transportation of people, goods, and emergency response services;to provide for the management of adequate light and air; to facilitate the provisions for public works and requirements such as schools, water, sewer, and environmental needs; to ensure orderly development according to the County Growth Policy; to regulate and restrict undue concentrations of population and overcrowding of the land;to determine and define the location and use of buildings, structures, and the appropriate uses of land for basic resource, residential, commercial, industrial, and/or other purposes; and to preserve the character and protect the aesthetic resources of Jefferson County. If an application does not meet the listed criteria of a requested land use classification, but is consistent with the purposes of the proposed land use and is similar to the listed uses, then the Zoning Administrator may recommend a classification to the County Commission. SECTION 1.5-PERMIT REQUIRED 1.5.1 Site Plan and Permit: A site plan and permit is required prior to any construction of the project. Note: (See Appendix D). The applicant shall provide(6) sets of a site plan for each project. Each site plan shall identify: a. Property boundaries and dimension b. Location of wells and septic systems c. Easements, covenants, or other restrictions on property d. Size, height and location of existing or proposed structures, and distances from structure(s)to the parcel boundaries e. Location of all utilities and vehicular access; including roads and driveways to property f. Other drawings, sketches or visual information you may wish to have the Board of County Commission consider in this request 1.5.2 Conditional Use Permit A Conditional Use Permit must be obtained before those uses specified as Conditional Uses within certain zoning classifications may be established. A Conditional Use Permit may be issued only when the proposed use will meet both the requirements of the particular classifications 2 involved and the conditions specified for the use. CHAPTER II-ADMINISTRATION SECTION 2.2-PROCEDURES FOR CONDITIONAL USE PERMITS 2.2.1 Purpose: A Conditional Use Permit is to provide for specific uses, other than those specifically permitted in each classification, which may be appropriate in the classification under certain safeguards or conditions. The Conditional Use Permit is to provide a detailed and comprehensive review of the proposed use that potentially could have significant adverse impacts on the community. 2.2.2 No structure or land may be used for any purpose in any classification where the use is not permitted,unless the use is listed as a conditional use within that classification and the approval for the use is obtained through these procedures. 2.2.3 All uses not specifically defined as Prohibited, Conditional, or Permitted uses in these regulations are considered to be Conditional Uses and require a Conditional Use Permit. 2.2.4 Conditional uses are listed as a part of the requirements for each classification in Chapter III. 2.2.5 Reviewing and Issuing a Conditional Use Permit 1. The applicant must submit an accurate and complete written application to the Board of County Commissioners through the Zoning Administrator. All applications must be accompanied by plans drawn to approximate dimensions and shape of the lot to be built upon; the approximate sizes and locations on the lot of buildings already existing, if any; the location and dimension of the proposed buildings or alterations; and information which clearly state how the conditions for the use be met. The application must include any other information as may be required by the Zoning Administrator as may be necessary to determine conformance with, and provide for the enforcement of these regulations. 2. Notice and public hearings for Conditional Use Permits shall be in conformance with the requirements of Jefferson County. 3. Where the proposed conditional use is subject to review as a subdivision, the Planning Board shall hold public hearing(s). 4. Once granted,the Conditional Use Permit,will set forth the terms and conditions of the use and shall: a. Run with the lot,building or structure, or use and shall not be affected by change of ownership. b. Terminate one year from the date of authorization if the commencement of the authorized use has not begun unless the applicant can demonstrate a continuous good faith effort in commencing the use or the conditions of approval otherwise specify, and, c. The document shall be recorded with the Clerk and Recorder. 5. If an application is denied,no re-submittal of an application for a conditional use permit may be made for one year from the date of the denial unless sufficient new evidence or conditions are offered to the Zoning Administrator. Resubmitted applications shall be treated as a new application. 3 SECTION 2.3 -NON-CONFORMING USES 2.3.1 The intent of this section is that non-conformities shall not be enlarged, expanded or extended,nor be used as grounds for adding other structures or uses prohibited elsewhere in the same classification. Such non-conforming status will run with the lot,building, structure or use and shall not be affected by change of ownership. 2.3.2 Any non-conforming use maybe continued except if any such non-conforming use is abandoned or deserted, or voluntarily or by legal action caused to be discontinued for a period of 180 days,then any subsequent use of the lot,building, structure or land be required to be in conformity with the provision of the regulations. 2.3.3 Any building on which construction had begun prior to the adoption or amendment of these regulations, or creation of a zoning classification to which these regulations apply, is a non- conforming use and may be continued although such does not conform to these regulations. 2.3.4 Changes to non-conforming uses include: 1. A non-conforming building or structure may be enlarged, extended or reconstructed or structurally altered if said building or structure is changed to completely conform with these regulations; 2. A non-conforming use may be expanded, subject to a conditional use permit. 3. Use of legal, non-conforming Class B or Class C manufactured home on a zoning classification can be upgraded without being subject to a conditional use permit provided that the manufactured housing to be installed meets all criteria of these regulations. SECTION 2.5-APPEALS 2.5.1 Any person,unit of government or agency may file an appeal when aggrieved by a decision or interpretation by the Zoning Administrator,provided that the appeal is based on an allegation that: 1. The Zoning Administrator made an error in the interpretation of these regulations; 2. The erroneous interpretation specifically aggrieves the appellant. 2.5.2 Appeal Process 1. Appeals to the Board of County Commission must be filed in the manner provided by the Zoning Administrator within 30 days of the decision or interpretation and after payment fees. 2. Appeals of the Board of County Commission decision must be filed in the manner provided by 76-2-110 MCA. 3. No part of any such fee shall be refundable. CHAPTER III-ESTABLISHMENT AND DEFINITION OF CLASSIFICATIONS 3.3.3 R-3 The purpose of this classification is to: 1. Encourage well planned residential development with a dwelling density less than 1 dwelling unit per 5.0 acres to less than 10.0 acres in reasonable proximity to basic public services; 2. Provide for substantial open space and generally preserve the view-shed; 3. Provide for a planned roadway system including adequate access for emergency response services; 4. Plan and provide for community health and safety; 4 5. Maintain community character; 6. Retain and augment community amenities; and 7. Protect and preserve environmental quality. 3.3.3.1 Examples of Permitted Uses 1. Single family residential dwelling units constructed or assembled on-site 3.3.10.2 Examples of Conditional Uses 4. Agriculture/horticultural/silvicultural uses 3.3.3.4 Bulk and Dimensional Requirements: 1. Minimum lot area: 5 acre 2. Minimum lot width: 200 ft. 3. To provide minimum size and adequate open space,the principal structure must be set back from the property line by: Front: 20 ft. Side: 10 ft. Rear: 15 ft. And set-backs for detached accessory structures: Front: 20 ft. Side: 10 ft. Rear: 15 ft. 4. Set back required for County roads shall be 20 ft. (as measured from edge of easement or right-of-way),which ever applies 6. Maximum Height(Agricultural buildings exempt): 35 ft. 7. Fences must be sound and well maintained 8. Off-Street Parking:See Section 4.7 9. Lighting: See Section 4.6. CHAPTER IV- SUPPLEMENTAL STANDARDS AND REGULATIONS Purpose: Supplementary classification regulations are intended to govern miscellaneous issues related to use or conditions that occur in more than one zoning classification SECTION 4.4 -ACCESSORY STRUCTURE REGULATIONS 4.4.1 Accessory Uses: The uses of land,buildings, and other structures permitted in each of the classifications established by these zoning regulations are designated by lists of principle uses permitted. In addition to such principal uses,this section shall regulate uses customarily incidental to any principal uses in the classification. Each permitted accessory use shall: 1. Be customarily incidental to the principal use established on the same lot. 2. Be subordinate to and serve such principal use. 3. Be subordinate in area, extent,and purpose to such principal use. 4. Contribute to the comfort, convenience, or necessity of users of such principal use. 4.4.2 Accessory Use Restrictions for Residential Classifications. The following is a list of restrictions on accessory uses and structures: 1. Accessory buildings shall comply with the setback requirements of the zoning 5 classification. 2. Without a conditional use permit, an accessory building shall not exceed the footprint of the primary dwelling. 3. Accessory buildings shall not exceed the maximum height permitted for a principal building in other classifications 4. Guest houses and caretaker facilities are subject to the same set back requirements as the primary structure. 4.4.3 Visibility at intersections On a corner lot in any classification, for the distance of 40 ft. from the point of intersection along each street,nothing may be erected,placed or planted, or allowed to grow in a manner that would impede visibility entering the intersection. SECTION 4.6-YARD, STREET AND SECURITY LIGHTING The intent of this section is the enhancement of the visual integrity of the natural environs of the community area,particularly pertaining to the unwarranted and/or unwanted intrusion of artificial lighting in areas not desiring such light which detracts from the beauty and naturalness or the hours of normal darkness. 1. All yard lighting shall be hooded, screened or directed in a manner such that the light source or the diffuser emitting the light shall be deleterious to the adjoining property owners or occupants. 2. Any light provided to illuminate any public or private parking area or vehicle sales area shall be arranged to reflect the light away from any abutting or adjacent residential use. SECTION 4.7-PARKING The purpose of off-street parking is to provide convenient and safe access to property, reduce the need for on street parking and thus congestion on streets, alleviate hazards associated with access to traffic generating business and industrial uses,provide adequate and safe parking for residents and business customers,protect residential uses from the undesirable effects of abutting traffic and maintain the traffic carrying capacity of the road system. Parking requirements do not apply to the Basic Resource Classification. 4.7.1 Parking Design: 7. The number of parking spaces required: a. Residential single family: 2 per dwelling unit SECTION 4.8-NOISE Applicants for a Conditional Use Permit or Variance shall describe methods for noise abatement that may periodically generate noise that may directly affect others. SECTION 4.9-LANDSCAPING A preliminary plan is required for Commercial and Industrial uses. The plan shall be submitted to the Zoning Administrator and/or County Planner prior to the beginning of construction for approval. DEFINITIONS Abandonment-The actual cessation of a non-conforming use in zoning districts 6 Accessory Building or Structure-Any building or structure use incidental to another building or structure. Accessory Building Use-A use,building or structure, or part of a building or structure which is subordinate to the use of which is incidental to the main building, structure, or use of the same lot. If an accessory building is attached to the main building or structure by a common wall or roof, such accessory building shall be considered as part of the main building. Agriculture—The use of land for agricultural purposes may include farming; dairying;pasturage, grazing land, animal and poultry husbandry, feed lots and the necessary accessory uses for packing, treating, storing or shipping of products. Raising and harvesting timber is included. Agricultural Building-A building located on agricultural property used for sheltering farm implements,hay, grain, livestock, or other farm produce or equipment in which there is no human habitation and that is not used by the public. Alterations -A change or rearrangement of the structural parts of existing facilities or an enlargement by extending the sides or increasing the height or depth or the moving from one location to another. Building-Any structure having a roof supported by columns or walls for the housing or enclosure or persons, animals, or chattel, or personal property; used or intended for supporting any occupancy. When any portion thereof completely separated from every other portion thereof by a division of a wall without openings, then such portion shall be deemed to be a separate building. Buildable Area-That portion of a lot left upon which a building may be lawfully constructed. Building Area or Footprint-The total horizontal area covered by enclosed building space including total area of all covered space except for space covered by eaves and normal overhang of roofs,but not including uncovered entrance platforms,uncovered terraces, or uncovered steps where such features do not themselves constitute enclosures for building areas below them. Building Height-The vertical distance from the undisturbed ground level at the perimeter(drip edge) of the building to a parallel plane at the highest point of the roof. Conditional Use-Any uses not specifically permitted or prohibited, shall be considered conditional. Corner Lot—A lot at the junction of and fronting two or more intersecting streets. Dwelling-A building used for human residential purposes. Detached Building-Any building not attached to the primary building. Existing Use-The actual lawful use of the premises at the time these regulations were adopted. Footprint—total gross area of a building foundation. Front(of lot) -That side of a lot facing main access road or from which access is granted. 7 Livestock-Horses,bovine animals, sheep, goats, swine, donkeys, mules,poultry, fowl, ostriches, llamas, alpacas and emus are also considered livestock. Lot-A parcel,plat, or other land area created by subdivision for sale, rent or lease on file in Clerk in Recorder's Office. Lot Coverage-That portion of the lot that is occupied by any building or structure. Mitigation-Action that moderates the severity of a deficiency. Non-Conforming Use Any building or land lawfully occupied by use at the time of passage of this resolution or amendment. Open Space—That portion of a parcel or parcels that is un-obstructed from the ground up. Permitted Uses-Any use subject to the regulations of such use classification. Principal Use-The preliminary or predominate use to which the property is or may be devoted; and to which all other uses on the premises are accessory. Residence-The place in which a person resides; dwelling place, abode; esp. a house. Residential Classifications-Rl through R5 constitute Residential Classifications. Road-Any access way, not including a driveway, which gives access to more than one parcel of land and is primarily intended for vehicle access. Shall - Indicates a mandatory requirement. Set Back-The horizontal distance required between the right-of-way or property line,whichever is closest, and the building line. Should-Indicates a recommendation or that which is advised but not required. Site Plan-A schematic diagram of the lot, track or parcel of land showing the specific location of all existing and proposed features, such a buildings, other structures, driveways,parking, landscaped areas, easements, utilities, drainage, etc. Slope-Upward or downward incline or slant,usually calculated as a percent of slope [rise or fall per 100 ft. of horizontal distance]. Structure—That which is built or constructed, an edifice or building of any kind. Structural Alterations-Any change in the supporting members of the building, such as bearing walls or partitions, columns, or girders, or any substantial change in the roof or exterior walls. Use-The specific purpose for which a building is arranged, intended, designed, occupied, and maintained. 8 Yard- Open space in front rear or side on the same lot with the building or proposed building. Yard, Front-A yard extending between side lot lines across the front of the lot. Yard, Rear-A yard extending between side lot lines across the rear of the lot. Yard, Side-A yard extending from the front yard to the rear yard across the side of a lot. 9 DISCUSSION&ANALYSIS EKINS CONDITIONAL USE REQUEST SEPTEMBER 6, 2017 1. The applicants have requested a Conditional Use that would allow them to expand an existing accessory structure. They are proposing to build an addition onto an existing accessory structure(barn). Section 4.4.2.2 of the zoning regulations states that without a Conditional Use permit, an accessory building shall not exceed the footprint of the primary dwelling. The existing barn's footprint is 120-feet by 78-feet and it contains 9,360 square feet. The proposed addition would have a footprint of 78-feet by 40-feet and contain 3,120 square feet. The addition would be used to store vehicles,trailers, and hay, which are all currently being stored within an indoor riding arena,thus prohibiting use of the arena. The existing single family residence has a footprint of 2,000 square feet and any proposed accessory structure would need to have a footprint less than that to be built without a Conditional Use. This Conditional Use request is being reviewed for additional storage space only and no additional livestock are proposed to be housed in the addition. 2. The following items are attached to this report: a. Attachment 1: Location map, b. Attachment 2: Site plan, c. Attachment 3: Applicant summary, d. Attachment 4: Photos of existing development, e. Attachment 5: Google Earth Street View images, and f. Attachment 6: Public comment received(two emails, one letter). 3. A summary submitted with the application addresses the need for the Conditional Use and efforts made by the applicants to mitigate potential impacts associated with the proposed use (see Attachment 3). The applicants have included ways that they intend to mitigate potential impacts associated with the proposed development including lighting,noise, access, and visual impacts. 4. The plat for the River Minor Subdivision was recorded on September 24, 2004. The subject property, also known as Lot 8B-2, was transferred to Jeffrey and Ann Marie Carte on February 18, 2005 (Document#214538). Based on the State of Montana's Cadastral data, the existing residence and barn were both built in 2005. The property was transferred to the Dennis & Vandi Ekins on December 3, 2015 (Document#257563). 5. The property was initially located within Jefferson County's Special Zoning District No.1. That zoning district was established in 1989 and included other properties in the South Hills area located within the Crossfire Estates development.The provisions included in that zoning district's regulations addressed items included within the Crossfire Estates covenants. In 2000, the County Commissioners amended the North Jefferson County Zoning Regulations to include the lands located within Special Zoning District No.1. Those lands were included within a medium density residential zoning area. During their motion to amend the North Jefferson County Zoning Regulations,the County Commissioners also rescinded Special Zoning District No.1. 10 6. In the past year,the Planning Staff has issued no zoning approvals in association with the subject property. Current Planning Staff is not aware of whether or not the previous planners discussed zoning projects with the previous landowners prior to construction of the residence or the barn. Planning Staff is also not aware and has no way of determining the number of livestock that has occupied the property or when and for how long the animals were housed on the property, so it is difficult to evaluate those details with regards to zoning conformity. Since the history that can be gleaned regarding the existing development/uses is limited, and the zoning was updated in 2012 and 2013,the existing structures(barn and residence) and the housing of livestock are considered existing development and uses for the purposes of this Conditional Use review. 7. As addressed in Section 2.2.1 of the North Jefferson County Zoning Regulations,the purpose of a Conditional Use is to provide for specific uses, other than those specifically permitted in each classification,which may be appropriate in the classification under certain safeguards or conditions. The Conditional Use Permit is to provide a detailed and comprehensive review of the proposed use that potentially could have significant adverse impacts on the community. The Board of Adjustment conducts a detailed and comprehensive review of the proposed such proposed uses since they potentially could have more impacts to the community than a typical permitted use. 8. Based on Planning Staff's preliminary review of the proposal, the barn addition could comply with the zoning setback and building heights required for the R-3 zoning area(see Attachment 2). Planning Staff did discuss the potential of reducing the height of the structure with the applicants,however Staff can not recommend that the building height be reduced unless the builder or designer determines that a reduction would be possible. Considering the size of the roof trusses and the need to accommodate snow loads, the weight of the roof, etc. there may be Planning Staff believes that there may be limited potential to vary the roof pitch to lower the height. In addition,the applicants would need a certain height for the bay door entry to allow for trucks and trailers to enter the building and the potential to vary the door height seems to be limited based on the height of walls that are needed to support the roof trusses and the location of the trusses. It should be noted that Section 4.4.3 of the zoning regulations addresses visibility at intersections,which is an additional item that should be considered when reviewing this proposal. The regulations require that on a corner lot for a distance of 40 feet from the point of intersection along each street,nothing may be erected,placed, or planted, or allowed to grow in a manner that would impeded visibility at the intersection. This section is particularly important with regards to this property since the lot is bordered or bisected by three roadways. This requirement in addition to the setback requirements limits where solid structures that impede vision could be placed on the lot. This restriction limits the potential for developing the portion of the lot located between South Hills Drive and Tiger Gulch Road and the potential to build an addition at the southern end of the barn would also be limited. In addition, both of these areas do contain slopes which would likely have to be excavated and stabilized with extensive retaining wall systems to prevent the soils from sloughing and impacting the nearby roads and associated roadbeds. 9. The applicants previously submitted a zoning Site Development Permit application, which has not been issued since the Conditional Use is needed first. Should the applicants not receive the requested Conditional Use, they could modify their Site Development Permit application to 11 comply with the zoning requirements associated with accessory structures. If they modify the proposal and it complies with the zoning requirements without needing special approvals, Planning Staff could complete the review and issue the Site Development Permit. 10. Chapter IV of the North Jefferson County Zoning Regulations addresses supplemental standards and regulations. These include such items as accessory uses, lighting,parking,noise, and landscaping. Such items are reviewed since they may potentially impact the public and adjacent property owners. Impacts,particularly if they are adverse, should be mitigated by the applicants to the extent possible. 11. Section 4.4 of the zoning regulations addresses accessory structures. Each permitted accessory use shall be customarily incidental to the principle use established on the same lot. The use shall be subordinate to and serve such principle use. The use shall be subordinate in area, extent, and purpose to such principle use. The use shall contribute to the comfort, convenience, or necessity of users of the principle use.The accessory structure(barn) and the proposed addition meet these requirements with the exception of its size. The barn is used and the associated addition will be used by the landowners. The Currently the barn contains approximately 9,360 square feet and the footprint of the primary dwelling contains 2,000 square feet. 12. The barn is for private use only and has not been reviewed and approved for commercial usage. Any associated commercial usage requires review and approval from Jefferson County prior to such a use being established. A condition of approval has been included to inform the applicants and future lot owners of this restriction. 13. The zoning does not contain a specific section addressing nuisances. One particular nuisance associated with keeping and housing livestock can be storing and disposing of animal waste. Based on the application materials and Planning Staffs discussion with the applicants, animal waste is removed from corrals, stalls, and barn and disposed of in a waste bin owned by Tri County Disposal. The waste bin is currently picked up weekly, thus reducing the potential for odors, flies, etc. The application materials state that the applicants intend to try and keep the waste bin inside. Planning Staff notes that the bin's location may be subject to the discretion of the disposal company and their needs for accessing and servicing the bin,thus the applicants may not much control over where the waste bin is located. 14. The application materials address lighting. Currently there is a light installed on the north end of the barn that is downward pointed and side shielded. That light would be removed and be relocated to the exterior of the new northern wall above the bay door. Lighting will need to comply with Section 4.6 of the zoning regulations. The regulations require that yard lights be hooded, screened or directed in a manner such that the light source or the diffuser emitting the light shall not be injurious to adjoining property owners or occupants. If this Conditional Use request is approved, Planning Staff recommends that a condition be included that requires any exterior light installed on the building or the lot to comply with the zoning requirements of Section 4.6. 15. Section 4.7 of the zoning regulations addresses parking requirements. Residential single family development requires two off-street parking spaces per dwelling unit and has no standards associated with parking equipment, trailers, or other such items on a lot. The property currently contains sufficient area to accommodate onsite parking of vehicles and equipment. The 12 applicant is proposing to use the additional storage space to store trailers, tractors, and vehicles inside to help reduce the visual impact associated with parking such items all over the lot. 16. Section 4.8 of the zoning regulations addresses noise.Applications for a Conditional Use permit are required to describe methods for noise abatement if the proposed use may periodically generate noise that may directly affect others. It should be noted that a reasonable amount of noise is to be expected from a residential development. Construction of the barn addition will allow the applicant to keep vehicles,trailers, and tractors inside,which should help to reduce the amount of noise outside. 17. Adding landscaping can help to buffer and mitigate the impacts associated with noise, lighting, and visual imparities to neighboring properties. It also helps to reduce the potential for erosion and run-off issues. Section 4.9 of the zoning regulations only addresses landscaping requirements in association with commercial and industrial uses,but not with residential developments. Since there are no particular standards for landscaping associated with residential developments it may be difficult to determine whether or not a plan is adequate because such a determination would be open to the reviewer's opinion regarding what they would consider adequate. In the case of a project involving a Conditional Use or Variance request, Staff and the Board of Adjustment must make findings and conditions that address impacts associated with the proposal, so it seems reasonable that they would determine what a minimal landscaping plan should contain. In these instances, the requirements for the landscaping plan may be unique to a particular project and will likely vary based on the resulting impacts that must be mitigated. The applicant materials state the applicant will try to incorporate some landscaping into the west side of the barn to help blend into the surrounding property. Existing vegetation near the barn consists of native grasses. Often times planting a mixture of trees, shrubs, and other vegetation of varying heights and widths can help to break up the view of a large structure,thus reducing the visual impacts.Native vegetation can sometimes more easily re-establish on the site and is often better adapted to the site. Prior to completing any landscaping project,the applicants will need to determine the location of all right-of-ways associate with adjacent roads, easements (there is a recorded 20-foot phone easement along western right-of-way), or other similar encumbrances to avoid impacting those areas when landscaping occurs. If weather allows,the applicants intend to begin the project soon, however they may not be able to complete the construction and implement the landscaping plan, including allowing sufficient time for the vegetation to become established, before inclement weather occurs. Should the proposed Conditional Use be approved, a condition of approval should be included to require that the landscaping plan be implemented at the next appropriate season following completion of the construction. At a minimum,the landscaping plan shall encompass the area along the entire west side of the barn and the new addition and shall include a mixture of vegetation types of varying widths and sizes that help the barn blend in better with the surroundings. 18. The applicant is proposing no new approaches to private or county roads associated with the proposed development. Currently the property has two access points onto Tiger Gulch Road. It should be noted that Jefferson County would likely not approve a new approach off South Hills Road to allow access to the south site of the barn because there is not sufficient distance along 13 the southern property boundary to meet the County Road Standards that must be met to install a new approach. 19. The existing development is served by an onsite well and drainfield and no modifications to either system are proposed with this project. The proposed development cannot impact existing well or drainfield locations without prior review and approval by Jefferson County. 20. In cases where there are items addressed by covenants and zoning, the stricter of the two would be required to be followed although compliance with the covenants would typically be subject to enforcement by the subdivision's Homeowners Association or parties to the terms of the covenant document. Planning Staff is aware that there are private covenants associated with the subject property. Covenants were recorded for the River Minor Subdivision on September 24, 2004 (Document#212893). The proposed development appears to comply with the terms of these covenants. The property also appears to be a subject to the Crossfire Estates covenants, which have been amended several times to include additional lots. One of the provisions of these covenants states that"horses, cows, domestic poultry; and dogs, cats, and other household pets may be kept and/or maintained on said real property and any tract, lot, or portion thereof for personal use,but the carrying capacity as determined by the Range Management Specialist must be adhered to..." Since covenants run with the land,that covenant would continue to be tied to the land even after it has been subdivided. Although it is not Jefferson County's role to interpret or enforce private covenants,Planning Staff did review the associated covenant documents to determine if the proposed development would be in conflict with any covenant items. There appears to be no conflict with the general covenant items listed. Because it is not Jefferson County's role to interpret or enforce private covenants, easements, or agreements, Planning Staff is recommending that, if the proposal is approved, a condition be included that states: "The applicant shall ensure that all measures necessary are undertaken to ensure that the proposed activities occur within the owner's property boundaries or are permitted via a recorded easement and do not negatively impact easements or adjacent properties. Neither the Planning Department, the Board of Adjustment, nor their respective members shall be responsible or liable for any portion of the proposed plans that do not occur within the applicant's property, or impact easements or neighboring properties. In addition, it is the applicant's responsibility to comply with private contracts, agreements, covenants, conditions, and restrictions." 21. Because the purpose of this review is not to assure the structural integrity of the proposed development, Staff is recommending that if the proposal is approved a condition be included that states: "Approval of the Conditional Use request and subsequent permitting of the proposed construction shall not be construed as assurance that the proposed development is structurally sound, that the development will withstand environmental forces acting upon it, or that the development will accomplish its intended purposes. Neither the Planning Department, the Board of Adjustment, nor their respective members shall be responsible or liable for any defects or discrepancies in any plans or specifications submitted, revised or approved under this review, nor for any defects or discrepancies in construction pursuant to such plans and specifications." 14 22. Legal notice of this Condition Use request was placed in the August 30,2017 issue of the Boulder Monitor and adjoining property owners were notified of the request by certified mail on August 23, 2017. To date the Jefferson County Planning Department has received one letter (Pam Collins) and two emails (Janet K. Paustian and Rich &Kathy Rivers) regarding the proposal (see Attachment 6). Pam Collins, the adjacent property owner to the east,believes that the requested Conditional Use does not comply with the purpose and intent of the zoning regulations and it significantly impacts her. She believes that they need to seek a Conditional Use for an existing non- conforming use because the status has terminated. She would like to see the structure built where the shed is located or at the southern end of the barn. If the Conditional Use is granted, she would like to see significant landscaping(trees)planted along the west side of the arena which would grow to the height where the side of the structure meets the start of the roof. She also requests that the height of the roof of the expansion be lower than the roof of the existing structure. Janet K. Paustian, an adjacent property owner to the southwest, submitted an email approving of the Conditional Use request. Rich and Kathy River, adjacent property owners to the east, submitted an email stating they did not object to the addition to the existing barn. The North Jefferson County Zoning Regulations do not contain specific review criteria for Conditional Use requests, so Planning Staff reviewed the proposal with regards to the purposes listed under Section 3.3.3 for the R-3 zoning area. The Board shall review the particular facts and circumstances of the request. Findings are required to be made by the Board for approval of a Conditional Use. The section of this report entitled "FINDINGS/BOARD ACTION" includes findings specific to the conditional use request. As a result of the Staff's proposed findings, it appears the applicants have attempted to mitigate the impacts associated with the proposed development to the extent possible. The Board of Adjustment could consider approving the Conditional Use request to allow an addition to be built onto an existing accessory structure that would exceed the footprint size of the principle dwelling if the suggested findings and conditions are also adopted. Mitigation measures that are required include installing lighting that meets the zoning standards and installing a landscaping buffer along the western side of the existing barn and proposed addition. GENERAL INFORMATION: In order to grant a Conditional Use request, a minimum of three members of the Board of Adjustment must vote in favor of a motion to approve such a request. The Board of Adjustment may impose conditions on the project should it elect to approve the request BOARD ITEMS: The decisions before the Board of Adjustment are as follows: 1. Whether to grant a Conditional Use to expand an existing accessory structure larger than the footprint of the primary dwelling. 15 2. Whether to impose conditions if the Board grants approval of the requested Conditional Use (potential conditions are listed on pages 19 -20 of this report). 3. Whether to adopt the findings of fact and the Staff Report presented by Planning Department Staff or to adopt alternative findings. FINDINGS/BOARD ACTION—CONDITIONAL USE REQUEST: After the Board reviews the particular facts and circumstances of the requested Conditional Use and the staff recommendation, findings are required to be made by the Board to support the decision on the Conditional Use request. Since the North Jefferson County Zoning Regulations do not contain specific review criteria for Conditional Use requests, Planning Staff has reviewed the proposal with regards to the purposes listed under Section 3.3.3 for the R-3 zoning area. Each of the purposes is listed below. After each bolded purpose, are potential findings in regards to the Conditional Use request. If the Board chooses to modify these findings to support their decision,the Board members shall direct Staff as to what sections shall specifically be modified. The Staff Report and application should always be adopted into the Board's findings in support of the final action on the proposal. Findings that could support a decision to approve the Conditional Use to expand an existing accessory structure to larger than the footprint of the primary dwelling on a lot legally described as Lot 8-B2 of the River Minor Subdivision located in Section 4, Township 9 North, Range 3 West, as shown on COS 212891, Folio 655A: a. Encourage well planned residential development with a development density less than 1 dwelling unit per 5.0 acres to less than 10.0 acres in reasonable proximity to basic public services: The River Minor Subdivision underwent a public review process when it was reviewed and approved of by the Planning Board and County Commissioners in 2004. Although the property was created prior to the inclusion of the lot within the North Jefferson County Zoning District, the lot does contain 6.11 acres, which exceeds the 5.0 acre minimum lot size that is currently required for R-3 zoning areas. b. Provide for substantial open space and generally preserve the view shed: The zoning regulations define open space as a portion of a parcel or parcels that is un- obstructed from the ground up. It should be noted that while the zoning regulations do mention open space under the purposes of the R-3 zone, there is no specific requirements within the zoning to address the minimum lot coverage that is allowed. The zoning does mention a minimum lot size requirement of 5.0 acres and the lot adequately meets that requirement. Since there is no guidance on the percentage of open space that must be provided, the interpretation of how much of a lot should be left open is subjective and open to the interpretation of the viewer. This lot currently has a substantial amount of coverage near the center of the lot where the house and barn are located and where the proposed addition would be built, however other areas along the property boundaries and adjacent to the roadways are undeveloped. In addition, the northern portion of the lot is also undeveloped and is currently forested, which helps to preserve some of the open space and view shed. 16 c. Provide for a planned roadway system including adequate access for emergency response services: Access to the lots is typically reviewed and approved as part of the subdivision process. Access is currently provided from two approaches located along Tiger Gulch Road. No new approaches are being proposed and no existing approaches should be impacted if the project is completed. It appears that emergency services could adequately access the property using the existing approaches. There also appears to be adequate driving width available for emergency service vehicles to drive around the barn on the west side and access the south end of the structure, if such access is necessary.If the addition was built on the south end of the barn, access to that side of the structure may be reduced since the applicant would likely need to build retaining walls to stabilize the slopes and emergency vehicles would have limited area to enter and to turn around. d. Plan and provide for community health and safety: Public health and safety was considered when the subdivision was reviewed and approved of in 2004. In addition, the property has been developed with public health and safety in mind. The lot has an approved well and drainfield location and those facilities are not proposed to be impacted as a result of this project. In addition, the proposed building site is located where little to no slope disturbance would need to occur. Slope disturbance adjacent to the roads is being minimized, so the roads should not be impacted. Emergency service providers can access the lot currently and such access appears to also be possible if the proposed addition is built. The applicants are addressing stormwater associated with existing and proposed development, so adjacent property owners should not be impacted. The proposed development appears to have little to no impacts on community health and safety if the Conditional Use request is approved. e. Maintain community character: Properties in this area are used mainly for residential purposes and many have associated accessory buildings and uses occurring on the lots. While the barn may be larger than many of the other accessory structures found in the R-3 zone, the use of the structure appears to be no more intense than any other residential uses occurring in this zoning area. If the proposed addition can be built, the applicants intend to remove their vehicles and trailers that are currently being stored in the indoor arena and park them in the addition. Storing the vehicles inside helps to maintain the residential look and feel of the property and minimize the impacts to the community character. If the applicants plant landscaping of varying heights and widths along the western side of the barn and the proposed addition, this is expected to help the structure blend in better with the surroundings and help to maintain the community character. f. Retain and augment community amenities: There are no new community amenities proposed in association with this project. It should be noted that this property is surrounded or divided by three roads and the proposed development would be located within an area that would not impact them. The applicants are also responsible for ensuring that their proposed development does not encroach into easements or other encumbrances that may be associated with the lot. 17 g. Protect and preserve environmental quality: The proposed development would protect and preserve environmental quality. The applicants are proposing no changes to the well and drainfield locations and the proposed development does not appear to impact either system. Based on Planning Staff's discussions with the applicants, there are currently stormwater issues, some of which are associated with stormwater draining from adjacent roadways, occurring on portions of the property. As a part of this project, the applicant intends to install French drains or another similar mechanism to try and address the stormwater that pools on the lot. This should help to alleviate any potential impacts associated with stormwater. The installation of landscaping can also help to alleviate some of the stormwater related issues. In addition, the applicant is proposing to place the development on the most level portions of the property instead of disturbing sloped areas. Soils in this area tend to be sandy and when disturbed, they can slough. If such areas are disturbed, extensive retaining wall systems or other such devices must be installed to stabilize the area. Considering many of this property's sloped areas are located adjacent to roadways, minimizing disturbances to those areas is preferred to help reduce potential impacts to the roads or the roadbeds. The proposed project appears to minimize environmental impacts while also addressing current environmental quality issues. 18 POTENTIAL CONDITIONS OF APPROVAL EKINS CONDITIONAL USE REQUEST SEPTEMBER 6,2017 After review of the site, application,North Jefferson County Zoning District Regulations, history of the subject property, and related information, the Jefferson County Planning Department Staff recommends that the Board of Adjustment consider approval of the applicant's Conditional Use request to expand an accessory structure that has a footprint exceeding that of the primary dwelling located in the North Jefferson County Zoning District, R-3 zoning area, that is legally described as Lot 8-B2 of the River Minor Subdivision located with Section 4,Township 9 North, Range 3 West as shown on COS 212891, Folio 655A, subject to the following conditions: Conditions of Approval: 1. All construction on the tract shall be in accordance with the approved plans on file with the Jefferson County Planning Department, except as modified by these conditions. Any additional construction or change of use will require additional review and approval from Jefferson County. All future projects are required to comply with the rules in effect at the time they are proposed. 2. This approval allows for the construction of an addition onto the northern end of the existing barn. The footprint of the barn is allowed to exceed the size of the footprint of the primary dwelling as approved by this Conditional Use. The existing barn is approximately 120-feet by 78-feet in size. The addition shall not exceed 78-feet by 40-feet. Expansion beyond what is currently proposed will require additional reviewed and approved by Jefferson County. This approval shall run with the lot and building and shall not be affected by change of ownership. 3. Prior to commencing construction of the addition,the Site Development Permit application previously submitted to the Planning Department for review shall be approved if the proposal complies with the zoning requirements and the terms of this approval. 4. The barn is for private use only and has not been reviewed and approved for commercial usage. Any associated commercial usage requires review and approval from Jefferson County prior to such a use being established. 5. The existing development is served by an onsite well and drainfield and no modifications to either system are proposed with this project. The proposed development cannot impact existing well or drainfield locations without prior review and approval by Jefferson County. 6. All new exterior light shall comply with the zoning requirements regarding lighting including being hooded, shielded, or screened. (NJCZR Section 4.6) 7. A landscaping plan shall be developed and be implemented at the next appropriate season following completion of the construction. At a minimum,the landscaping plan shall encompass the area along the entire west side of the barn and the new addition and shall include a mixture of vegetation types(i.e. trees, shrubs, grasses, other vegetation) of varying widths and sizes that help the barn blend in better with the surroundings. (NJCZR Section 4.9) 19 8. The applicants are responsible for complying with all applicable private contracts, agreements, covenants, conditions, and restrictions.Neither the Planning Department,the Board of Adjustment, nor their respective members shall be responsible or liable for non-compliance if the proposed project does not conform to the terms of such documents. 9. The applicant shall ensure that all measures necessary are undertaken to ensure that the proposed activities occur within the owner's property boundaries or are permitted via a recorded easement and do not negatively impact easements or adjacent properties.Neither the Planning Department, the Board of Adjustment, nor their respective members shall be responsible or liable for any portion of the proposed plans that do not occur within the applicant's property, or impact easements or neighboring properties. 10. Approval of the Conditional Use and subsequent issuance of a Site Development Permit shall not be construed as assurance that the proposed development is structurally sound, that the development will withstand environmental forces acting upon it, or that it will accomplish its intended purposes.Neither the Planning Department, the Board of Adjustment,nor their respective members shall be responsible or liable for any defects or discrepancies in any plans or specifications submitted,revised or approved under this review, nor for any defects or discrepancies in construction pursuant to such plans and specifications. 11. Jefferson County reserves the right to revoke the permit,terminate,or enjoin the use of the structure or property should the permittees, their heirs or assigns violate any condition of the permit. 12. The applicant shall have 1-year from the date of the Board of Adjustment approval letter to begin the proposed barn addition. This approval shall terminate one year from the date of authorization if the commencement of the proposed construction has not begun unless the applicant can demonstrate a continuous good faith effort in commencing the use or fulfilling the conditions of approval otherwise specified. (NJCZR Section 2.2.5) 20 Ekins Conditional Use Request R-3 Zoning Area N Lewis & Clark County A IJefferson County rill stV it 50 141 11111. O Z f- \ TI c Subject Property 4lit Tiger Gulch \ , xo ''' oG,‘y ),, 4, 4 s . . ' • .4-0•., •N L.."---- . . . . - ..":..1-'0:L• 00$ ., 4 . . ...., 5 4/ • Allik . II 44100. 6' 4° r - v - --- , \ - - .. ...................-00. tmeszaiesletailos;a406• itraimiiiftappialso SPRiMitaitigil 64501001 ....Y.: :.„.:-.4 I .\- -4- -3. ---I ti . . - \ . - .$41 \ ;48 ...*.-- L 0 T •.0 ., ... c,. i.,...,..„,.. ...... ,........6 • 1 . , ,.' .. . 1 • I .- • . : TRACT 8 :- /1 - - . / / . 1 . ..,.. . . 8/01/2017 To: Jefferson County Planning Department FROM: Dennis & Vandi Ekins 8 Tiger Gulch Road Montana City, Mt 59634 RE: Conditional Use Permit We are writing this letter to request a permit for our property. We currently have 6.11 acres (which exceeds the 5 acre requirement) and would like to add some additional storage to our existing barn. The reasoning we need to add footage to our existing building is the current building will not adequately serve our purpose and needs.At present we are storing ours trucks, trailers, tractors, hay, shavings for bedding in the arena which makes it unusable as a horse riding arena. We would like this additional footage to store our trailers (feed trailers, horse trailers, equipment trailers), tractors and vehicles. We would also use this area for hay storage, shaving (bedding), and manure container. In the summer we purchase hay and shavings that will allow us enough to supply through the winter and this ends up to be large amounts of both items. The additional storage would allow us to keep a very orderly property unlike some of the other acreage in our area that has accumulated outside storage. Our property has limitations on where additional buildings could be added. There are setbacks., easements and terrain that are unusable options for buildings. The new addition will minimize the number of buildings on the property. Therefore our best option is to add the footage onto existing building. This will allow us to use the riding arena as it was intended and this was a big selling point for us. We both ride horses on a regular basis and have a 5 year old grand daughter (Sawyer) who enjoys riding her horse, Doc and would like to be able to use the arena year round, especially in the winter. We will be mitigating for any potential impacts. (see attached) We could build an additional building right now without the conditional use approval but were hoping to minimize impacts with one less building and keep with the character of the neighborhood. We appreciate your consideration and time to this matter. Thank you so much for allowing us to request this Use permit. Thank you, Dennis & Vandi Ekins -Pra 0.1,"4-\42-(1-1- 3 a Attachments for Conditional Use Permit - Ekins 8 Tiger Gulch Rd ** Lighting - No additional lighting will be added to exterior of building. Currently have downward pointed light with shield. ** Landscaping - We will try to incorporate some landscaping onto west side of barn to help blend in with surrounding property ** Noise - By adding the addition it will keep the noise level to a minimum by enclosing trucks, trailers and tractors inside of building ** Visual Impacts -Additional storage will allow us the ability to store trucks, trailers, tractors, hay, grain, waste container and shavings (horse bedding) inside of building and keep property in an organized manner. ** Parking and access - With the addition of this footage it will allow us to store items that would normally have to be parked outside on property. We will be using the existing driveways and will not be adding any new entrances or exits. ** Odor Control - We will try to keep our waste container (that is owned by Tri City Disposal) inside of building to keep odor and flies to a minimum. Currently waste container is picked up weekly. We clean the inside of barn and outside pens twice daily to remove all waste. It is important to us to keep an orderly property. ** Security - By adding the addition we will have added security for our farm equipment, vehicles and personal property. Photo 1: Existing single family residence and driveway • .: s i , " r t T ,. Photo 2: View toward northern portion of property& slopes above Tiger Gulch Road • ,iia a f� `' ` ' •CIS r . ^wr.. • 4. - f4. 1,._ �'s ,..� ; „. 7. #: -w »�, M L ae :, � ;- ` „ , stay ...:'^".^:?" • �• ' ",: x� .sem.�a t"-',, g"__� _ . = 15,1'; '-' 4`k-7 -..'"`a-t "� ` ,* " r ' _.�.��rt, , .mac, Q $,.i'", " '*' .�_._. p— Lf 1 �- Photo 3:illiriippropowurrn South end of bar & South Hills Road looking east r.„1-1;,--4e,, ,, . '4'�S•ftk I� y � ... +l"-.,,,-4,,, ♦ • e• ;.• ^S° j r , [ Z'-` TP S , • - u • • sg sa`, � A•"} x ` G 'e+ :U ,-- ..---,1" 7 '.1fl tLy+s ' i ai»" 1, 1 h ,,{ + Y,x7 ..NN},r T �tt , FPx�.s ,R `�-' r[ _ d ,' i,.'!* °b' 'r'`"� ..'k �, .tom, 44, '#> fi� r, •Irt +�, �'i: ra'r S.", .,e b°a3 +.r' p' '��4J ,"'" a - -dR +. �k ' ..; _.^ v r +P i y t• x.i r•; i,,; ,,,t : s;,M-, .� ;,' to R P:":•:..:.,:,,:::lt`:::::/,::::::'41,..,:•"4,11:e•': • : +r. der;•* :I.:: w'i 1 i t .y :1 •' �`r r„+i� 3' ' y ; "L x ' ti`,8 * ^,' ; , e, s f .• 5°Aan�``3.�sAR ' 4 �,7 �'u+i's.'$i+ i firms+,..,•, 4. 4.."q ' n is . ,.+x:ro � -v 1Nk "`.�. '� '� `.,,1417',� ., `y y.~� t a y;, Photo 4: Barn &residence looking north 'yy,, r a j .F [ i-1,.`t ,. s . sJ arS '-' _ �i�' y Pr t ri ',',/.71,..; .6,41,6'° x ^ �cx.;Y ' ' a`r' ky "9* .-,n;'':::4:-. ,,'".a ! "f 'a} s,,t,2 ' V _r , :,a1 { ;k .} ,,,,-..,.::t,', ['7 ;J:,` ,'". 3,-,.- i v icy, ''` i x. { i — r ;i ''3a fii fy?i ro ','?,.:'.4 , �r'y c�' �`,. r�°� �k.,::*. a < r, "- shit Y'4 h --'' h ^ '- ,..t.r,` ',`t¢� 'rst'z� .r' r ,,;.`3` ut'''�ur�k.C} ryt< a ar kit �i akx. _E s :, ,,,s;,,,, . ,TsG P' . ^. 1 kf . >„i4A�a .. ,Y,-.. 7„,,,,,-;,-:_vv,k +, c,� - Y , e,."`E .a .x 4° t r-ls.' kL".a•, � t; �' rTc� 'haw. >r4:�''}r ,i. 3f . , a .�:.:4t.- ,..0'�+a j” s 3" r'`' �"'`�q -t c"_,, y, -2474';z: a r'i y s4 t�- Y `'r � :.r. 'i a� t t�-t ' cz#a 3' ,,,, S '' u. ti. 'r ti a'^r. n e t-,. f.�. ; t i=n. t t tt r eL• .y b ,. qr .� � ... ., -,r .t'4 7- ,� Jt-' ' } m �,5w tr( �.[ a'S'$'Z p 1 k -,'j.y a ,ds.'�,a h� �,,-.....7.e.:-,...,...- --- � 'i ae. 4°", (�,` <") �i V S is 5 P s t a^4 { �. r* vlt c 4 .t. f3', A r d'� 1 u tfi 6-7,,,-.--,,,,,..,---,,,i1hT' F•,.. pw }'qi a 1 F ejr y 6F ttaf•�i yi7t. `'4.3�' wi f 7 e,w-PPf41' '''n`�.. , t 'a"`t'v x" a, n am ''j,�` t„ L :`i t',,,!?�rs.. ,,- st l� � 2 tr_ h"� a`�G s7 53 4k t sem✓ t 7 „4 � :_�� ��y 3 • Photo5: Slope adjacent to Tiger Gulch Road& west side of barn x ,,.. r. ti� '".'4-1-. ro . 4 '' ¢' uu �-;7..;;,--- * - ^ ,,,1"- ..,fir''.. • k a *7.4.,-q ,;`, I., • 'K ✓ '"rif c,.� " = .2 —4 z --.••%".'=...,''-.-:-''...----'-`:4-,.,1, -.,...-,.--,,,;.C -fti.'� s' T �^, ''''',,k, -- iA--.4.15,-64.., �.r w r. };r .r. +[`:3•- ,A^F. , e 3.0; 2 ; w-1. �' -s 4'. 4-itt ^c11..., ...-.7.-- ,,,,,..v. - t , x-• .,.1„ w*�s y,.�, r,,` pi ri• +� d 'f' r Taa.-'a^ µar s, �''x•: r •. ��' "1".tea f ' v } o--' ..„..4a SW` ,rte i a� • ? F,S2-4.. 2- ` 'i`�.?�, , r{{,,#..rr#'�r n3S•,� ,"c�t�,`,,,� 'g,-" '" .tfrir"-''y-`r"'G 4 'y s ,�.� '*�s.. �, tJr^2 4''"g Al`s*, 5 X¢ r�, p t af`�+i�x, � „ . h+wJ 5°' •s i:}'-,t?.^. v 4,, "711440)..A, �' 'i•' „r 'e a ", tr" ' -u ..y, • -o'�� ;ar a•f" a �'`t'.c a ' c, i a ;:ot Y `.. 4111 'x � ""' r'��;� :-'p`-�'x$Y� ..`� -~CF•S�' g k x g ` � '�I" -.:,,,,,--6. t9_ �.,l:',,.k'ii:?`, ..,2v:�.s. _�a°'"...'•f.,r _a-> S " .:s-"- ,r '`a-.caZ',.. ^� .'-"'. .`4 k° .r�.,r`•s` .E!�5� i. :{. ..; north end of barn &building site 4.0...Gl, �.T l G Photo 7: Residence, barn, and Tiger Gulch Rd 5g� + ' b v ° +I -,,,•• •.-- � , 'a�' ' t 'S, I ,,f r. - ' if as Y,'a ,., t ..?: ,,-1--,140....1::,3-. i;lam d d - „z..,,,-, '�•4�,-'�s ...M” s, ,,r 3�i tiF �'+ ', , hi Y'°+i df 4 w+ S4' '�'-, ..s � ; 1, � *, 7 r Y9j6�P , Vi N R 41e S f ,'y t 14,� 'c laic'. ,� j`�4„ +.e. P'i? ,a+ t '1:-* i �i ''+ t .. „_.z:,'..:''a_i Yr t i✓.c-I r �W-Y tin. ,e. '�"a u .-cac \ 'r•...'``•r g4 r'''- .... ''ft`+x' .?»°�* '';_»'-'----.1,.4,4,.;,,,,,..-t, Photo 8: North end of barn & building site , - - / .4:1.1.,:" k M ,. ,.- -, � Vain. !" .,, ]-, _ --_-`�-- .`...„� f.+ - #F -..,..-5.:"'r'7**- �- ==+z�•^"-^'�'""`� :.,.---_,_.. ,. ,mss ---,,,-;._. --/-,:,- ' ,-- raw ,„ ,,,,,,,_ x'" y e xr =,-' sx .T''' ' .' y �,� * "+`. 3 - rx-e `C a�• F °a ''!.**".$57'.. s v r A , �+', f-.b 4...*-as � - a Y$dr 5, -,..-.,,..7'....,„0.,,,„,u,' ,ter -: a ', z °* as ‘.s. E" ` °G 44'' ` �'<Z't eik...,-.11W.,.. ',q..-- .t *.s ..,...' ,,,1--..1•1-''%.4".4 i:A.,/ ,.. - 5 g,- a.-i - ^`°�j �, �_v* „k^' x 1 ,.4.::' , -'4.24 . �.a^`W, > :- '3.-I,,,-',7„4"ri.' '*.40-`'.€-, :c' ..1.--.:11,..-, '‘,,r-, a„k�,. -p,-„,.,: F,.`<., �s tY cj,Nrt‘efaV (11 A f'px1 r7'"•si'" § s ',..G...',� 4., ,,,,„-,.k.„ .x .a*+ 'W`5_ " 'a. , '�; -•• '17:4L... --' 'Y. �w,, .. 5 ; ' ,.x:��{_ :4'..,2------,. Photo 9: Stall area , I 1 . i .1' -.---, ':: ,. __' _I,.-: ' .. 4 ii : Y . lif i . t. 1;11. .i • .1 ,...ti i:' ' '.11: '1,...I_ . 1 III IP I r' 1' r 3 • ':.....:'..:•.: -. ,. '• ::. ..,....' lif.-;#10- -:Photo 10: Arena area storing stall bedding,trailers, etc. r: 1 — %Mt ' 4, .� .' `L r r r . _:._. . .._.. Latlii ' ...1, . i : - t,if.:e. - „_____, , 1 jte.,_ ,.. . ..,- . ,. , , __ __, :la, .:. . L::' -4 1, -, t _....... , • ,... - ,.. ,<Aor - . 14:t ' 1 i v-4,j I. ' ,..iso rc.• i1i I . J1 Nt Photo 11: Arena area storing tractor, trailers, etc `fir ' %r- • . 74'31+, i • ----___ -____,,_.___,,..__—..:._....____--- ___ r - 1147A4 ' 4111 r....'.'..'-";::•""."'d- ,moi/ . 1tx G Photo 12: Arena area storing trailers, etc k _ j gliii . • �nn. in _ ) _11.1 '__'', . , . . , n ,;Y _ ,104, 7-, 'E2 "k;,,;�r: a` & T , a , w; ret 3 _ �` y ., IL� 4 � ,, Legend Ekins Cond. Use South Hills R® 'g", r � . � ti i% , f . • inr/5Vb GiokA le-Pi _ r L, �,p t•id. ' -..... .... W,'," "' .,_.,r... `_ f '" .SWM '' , tt - :4*:„,.. � � ._ . 7,,..., . , -` •p+'k- . ' : .. " r ' 1E: _ S q' ." l i . c r . w"µ 0, ‘,.,,A-,..,,,,,- ...-t ',--,. I^' s __,*i a ' ., Y l ' -.:-.14...' ., $ „..,N,-.- -;,,_,,,,,..'4' w+* ;' '',','*:'':4,.' rF , � ±:?- 7 ; �F:yt�T}r f-. .- �'� i".,• .-[',- , 1°'.� R< ..t� .! �«.r.."�.• «yE'`i.,R: .,.N':' . * '-./I. .sr.ti'... . . ?+c.r:.yyu."+A" �• .: ,416.1 wlf .Jak '..4t.. 1,4 ri i'i mo iir w Yt� t " .. . xF hi-4.,--4•+,-a,,,,,- t f £ :'mi ••''„4 ,6t;Y r 0;_ ,..+ if .- -,- xa "K4 . 4" o-' iiS 't , y?1Y: P, / a r''':;!:"-a'',::- r .g a r 1:.t: yu,�r .d, or.,r , ajja, 4 . ,.,A i Yr ,�. ,. , rA i, t � � . � . -r ` teain$ , �e fi ` 3. �1 ,, , , 4:4.`" ,, `f. ix •t` Ff � ^ = "� ka ► •r} ,,sf Y' ♦ tr '' ,� `.Z .' � µ. 4'rtt ZIRF ta._i3 ` _ 43 `�^ - . m° 4T }'-k bc? a4a :{`rnM . £r ":k'. '+iss.-i\Ft 0` t ) 4 t1 •` . / � `♦ir7 ..a; V� - W ? F0 'Jr i0e ' + y.af�. ` .fA. ,A.: , / •`,.t ® yt [ �sd * - '' ;t.ar•µ•y rv3k ..A .. '5 i / .: a+vp !` .? Pt� 5 q•t -_¢ '-.54' ')dtSA ` A11/4:---„'•-.., af ; ,.w,rt p..r^ " V+ av - f u ti" Y ...9-i , a; u .j ,.ilr a.1 ,n • 74' a „ re,. 4 aj g.�r.A..kArr"/Yw' r.I � ?`i' i `( j, � y ti , s . a` r. s� - z •, ?+ ? tr4 tF ,5:4 •s } . �h! i* , . } � % 'r , .. " .S. ' � .r F- . , 41,*. ,. wt;9tLy y "T 'Y- ,' �Y " .. s”rr Ah ♦ '., d, r�ee_~.•�; ' 1/ - 1 .jr 1,,,,,e ' '., xT Fyk. s: y��R . . .a` t't -•.'- c.t . it .414,,,,,,,;„...i,:,....,„„,...„1„,,,.i ,,1'":4* "" i,. ..:. :.'4•Nrly+ ' ri � . . ' $ 44C- T ./ r 0, �t, '4 'f fiT .� -i ' ..-.....=, tya n 4" . * .; a .. -'1,;" 'sf„4v [ t,t- ;" ��" •�� ' �' sT ?4i�. 3�. r� r. �r � ret x4�S .;:a: : 0rx. ,� '- W .r '' . , yam. ` ^ rt ?_ .`”,i% �.r..-xyJ•� ��l i.-.."4.,, k.:,,,1.417,,,:,.1.2` � � 7���ty���4� :' .'� 4- - -4 ,< 44-,,,,,,',..4',' -. t: '� , "� (t , Rg.� ny ' `1� • •- <'i' �il: y`y` .�[ 4,� t'. ,�.:V _�r� y .,}fi -,„{A7a / -�, '!9F." f ' `= 1.,,,,,":"°;)",,„6.11-4. -4.•;t1.:1%!'*':�a , W- a ta�; ''4 i �r }i � 7I.� F {{ ..; t+ q7 ' ' xa +!.£ . � ,Ra'-.. y. z Yvf � Y -,,,..:044, .',+ � tlj ,{�l .s. ffi � it � n2 p+�p $ .,.£ (Le: .-y r sA� i.r y+ * ` nR .' k, . _`t.-..�.,,, ) .a��;,. ! y �. .-14. ei;1` ',e,'..",4";-*".... ; - p .i'' [ o •rr K t aes , 5: r:z" • .. _ •.1 ,,Goal �� +f.Fy�, 4,,--4,-#0.:,.., . Ry_s * lr.�% : ;- Ey'e' i ' y . n ,..,,.Nett)-7.- � i 4.4 4'+, `4-17ery � ''*+ ' : ,o 'M _ am4t.'p� 14 «` .} T t * nb; Ykt (: A'ri _ - s!. g, ' x :%--,,,,,,!...4.•,-1,,,,, .'-Lr ,. � �3vk` J a- vC7g ;n ...` "�`• :?ia �M°' u �'w � "� � *r w.^:'v�r 7/Ga a ", 'r7• ' {R,',rxr " .' 4.• t It•• Ekins Cond. Use South Hills RD3 Legend , Orn , it ..... ; _ _"Nal*. _ Olt , .',1 n V e r- . i } .r" vy.. j f ., •v • * r E '.,: 4�w? M *4+ .w +,w�i... , I a* ,a0r• y r ; , t•{ ' u #.. l".. '-. ,.. ,'9• ` '��'* 1 �" } ' 4�w M f"''Yw�Y`.i+'l�M ,o+,-;., •- ' . '..,'•,-. ."1‘ '''., , ,r, , ,,CN:: . rf � • �y • rw1*' Yr t k �a , • r .:x i4 yt"•,.a` t� ..r a.q 'tsry • 's',::' • .ASF r�•,, ,• ' ,�'9 .• - "' ^'�rr" - 1 `+ '` _V 'le ..o �}�', y '.^ • ' ' ay }• ,. • b" 44 t n'A +' �. - ,� �„x Y:,?y ..Fps '---.,ffrd t.."`7,, ,..:. ,„ Y V . ,.;14,-...,-4.--7 , ..,4:;•,,--=;.:,•,:i-, t'd y. {,,v:IN s i:,• ,Y�i,:..1. t - .:,,,,,.,,,t.:_ . r,r T'p <'d � °Y, '" t � '`� � �✓� ,.I� ••x J g k �r�M.yp"'!r r +.i � ;;#,....'""'- -w'�1¢�i.! a 't' m'.61";"'"-. �3 Y�;,. �' ;)-,',:o.� � ::/ w' '„ f �p •' ta. V.� '' ?:`'• $.n,•� ��# ��. i'f � �,.r�w3r� �'r'�L"y ''':''''''.• '',',',14.±',',.e"' �� * '-';•,..44.,,:.� 4k`�� � �„"�� ,''• „:.:•-•.-;:„'.-.� �• ' es � . ,r -, - 4:„,li , r ,1y a,. .,,r1 yam , y u .• q. �. ';S,i t '. �.`i•r xw., ,., .,oe-rr, , }4 ¢, 'a 'T"'4• . - ' r�ar !j ,p '.1.c.''l q .,p.?,� '.w" A' tMa,q`,';�-Al' ,.�$,`*' '!a N� i l.' � 'Ri e+e ' i •��, tysgi w r� S,' a ' "� ,t- '' • .l J` -,:�, y.•...I,;+. ''',. '� ` - • ., t;.,,,i yt,a,i .t4, .4,'','.'“' : ,r ^w .;:, •a « ":;`,1. •zj ..y,:.�7 ia.l.-. y�''v`:,q r -' H' S'• ,•:,.*-rtw,'• 'i �. .{ , r`-A x �_} a�w .1. :4 �}�,:, toa te; `air , '•a� '7 '.d. .' 'x#;�, % •r. ..,` ,.' fX y. :f,&' ' oy,lT k” eq1'''• I�*i a %iv ,``.--+ :3, '�1 ,..111,,,k-, * .t4i,, -r 'r,f 's.. . ''• .. -'s f' m ' ;`•ry Y a .T'',i"i� ^ x .. iw; t ia.•, d c 4„,d_': ,'°«: - - w+', r: a :iE fi. th .. �.•..•. . ,f,.•, V�t, ,444/7.,7 Y A: t, - .. 1'',,,I .,. ..... �;, •. -'w a :y+• r. ,,�o. . y,k7 k ,,, t `�»i 3 r 1 ! it 'k''+ Vii ,.tr a ` ' w� ''#'•s, t f a• 1 t Jt.' :-...,f 'F ,.G y_ ,'. .?s� f ','g.. is l.x. _wi! fa.x: '"° w• +5�• ,_.. r� --.i �� .�.ui._'�`" s ,3 �'§•� r(rbr�!:: y �• .147°'.'Sj'i .' ' ^r. 4 .��r/ ' t,'"''�`.^�',rAN ! #�'yt..,gCY+ "Y ',"`-"� � 3, y \ +rw� ,Xw•:.. S .-ir�,:.g'..' lr ..-t� :J' „,!,...i'•r Y � ” �*'. !t� .r.{ $ ���� $.)e,.�� �. 7 49 ft n I ,. r Sk4.".2q, q=4,4.4 A ci5* t - a 1r Nt. 3 %m- t.t.ok. • r ` `` Legend Ekins Cond. Use Martinez Gulch RD1 ,, g � ,�,-� � ,lam ,.„, _ „,,,,, .:: � • $ .N. 3'��jJy({� ��• r154, xF. ...,,..E q X YY�� `, at, , , r., ' ,``.. r -. a A x,- 4}gra t ." a £ j gt4. 1 , t 4 ' 1. ',,c,•°4 "� `'�., tea'C' 'ct 7 iS"".l L� • �. {m-"f d Grp V ,i, I -t) . ✓, ,. � '1# # ' • atzr 1 0. 4 I. * 41.3) ag (4‘ ' e)e's I p + 4 + s 4 r4 y .: le iar .nn ' • . �ilr yT' M _..._R r 4► ♦ '. ....4.,-.1e... r v LLL a,~+ N R'�+ '�`,• f,h, r .- � i���...-..r -�+r... Ir' t_ .*rFe..'. 4111111 Ni„,,, +'yrr ,tt r--„••.«.wA v.iT.,ti,..:.1r,,,::::v::.,„: irl. �.r•w1 ♦�:::: ..y... i ' YY ♦ -I.i `' " begs .. - e . • ,..rte ,t' ,p.'4,,.4` 4 1+'�, 4�"' • ,\ .`5� _C^'^ .L •r \Z tr r'. '"' ; rs ^_ .• 1"# 't,' . l y...- + ^ i.. ter.„ s " aa .;6; III .� :';'-',-,40k,. � .. • .yr...,- .�,- 'I�Nti3S�•i>. - .-.� •""0.:;." •� 'A. s j i , :°• !; 4r,--,,.--,,., ,..� a tl / �[ ` • .X' ' is E,� , 'S Y t'jiy/: (�`� Y ,y./ � * �I i. -V t • M RrA be t i, =a Kl -, - , Y -1 ^' +ea r.. .}. b. _.. .,. e y" \`; W F r r i 4 t p.- tom. T,.• `• s ♦ ,, t fi 1.;:.7; Y• ,kY;. •n.'4 ,•tel'}'Sj't • + , 1•7. s � i�+ !�`''4'.~PyS��k��.r r.tz .:r^ r t�;r�t , t^ 4�y +. �4 - `rt,�par •t �f.+ ''cY vl. '*�'{r �.�! � ,�• � • '�r �q'� t '�. i'at` "'F�t •ydrr '' �J.-44,41,-; w� ' 19 �' - � ''y"? p c 'e'- M,.:. y"}b r R aLT JP" 4r. ^l3 l ^+.' 1 r"1-, .rw..» ...+!� 4 '+M C i y_ r i e* c. Vii' '� =�*t-`:"i � '..) ' fi'" .s t pi ,,,,..7.% Z � 'L t ,w r''i 4,, 3.h r - vA ' s t. V tO �' `L. �r`_, �'r_j.Y•:�g;�'�Ff�'' Rt ••.�^'• '", r• �•.�t y' ik A C 4 " « � d r 47. �' .'dC I Jy ?T" �d"7 �Y ���+. tTt ',..* 1r'+Z ' •r, t ' } t i..¢yA � t �St , +", +a 1 t,: 1r5y fix« r• .r } t:, y SAc +54 r+:rr y} +� t ` "4 t'`"'A }4 ' .41' r r`� i °'�R• s ~�,. . . ,„ 8.32 ft v A !ht 4140011164,3 601101f*eld d4rfilli 1 " ,t. Z4 415' iT-lik, QV'•;r? *1'7'4 *4 0 2, , % Ititt„,:el' RI" C • CR, , ft, v: 4?."F ,1> i ...,- ..17.11).% ir'''''!, r ;2 ',,,,r, 1•,,r A, 1410'4e- 0-,;" "%r . 9, It-ov,i.441 „4 Pr:tl • i 14 ) '14,41 4111,5...ii 01%4• • eq, ti -Tvg ell) , til't k 1 ,.... : -f...,, . '...,,,k,'.--4, :4....* •-• . ' . , . . . . , . „ - . , . . . Ekinit-cind ., 'Lite So- uth 'Hills' DRI- - -----:,,,'7 ',. , . .. ,,, .._ ,k'vt • . . . _,..., . , . ... . . . . ,..-- , • . ., ,.., . , • - - . . ' •. r. . ,,, . , .._ ... . •.. . • -.• *--- - fog' --It'•;'" --.- 4000—•t''''-•--,4r- . , . .., • • . . , . , , - . .• . ,. 4 • , • . . . .. . . • .... . .,... '-. 1 ii '''JI1163:" - -'' 4% 4, k• ,_ V=-.t -- • g ' - 1 • .. •''.... .. - . ...r/ ....,„.. . h . • .... ,_ . ..... ....c...... -1-,......, 0..•••••••, - -, __L•y•• _ . 1..,____I N: , ft.4,....... -.,..,...-,... r ,ti a - ..slif it 11 - ,. v .: , .s , p..r ... '- i, OA *'"i.1, *A C,t. •>.. 411Nik 4. • . -r.,,,',4,,,,,etro. .,,,,; .., .:' , '••.'_ ' . 1, '• -,•-•.^. *,1•. ,4"" ,r--*. ° ', ,....-- : ‘i. „.•„:„..N _...,. 4.04 ., , .1.,#,,, -,,7 —VP •• • -, 4. , • •,:•., ••,.. , \.•- \ . r. . • r I s. 1 • I . --, "...., ' .' ei • • ' .' ' ''''•, '. .4. ' '' '4%; '( . ' - . .'" I • I :•' ..'' . l ' .1 ' r... .' %N!'r . . ,.. ,. .. . " t • „ 1 •. : , .. -.':-..,-' '. ... „..., r . 4\ ','...'..4.:-. -•,,.-I •.•'•,.. .'N, 'X'1:' • , „ , , . • r, r ; ,r,, ., „pl,lik..4. li.'4 .... e°, •-•••• . .. z' 4 7 ,,... ),•f, k 4,„,,,. 2,4'fr..1.Af,..v.4 ,,,Th.i...,• .* . .... V \ : ', .4 *'.' ' \ . . `..,.."''•40'..1' f, i'106.-'•i--,i.'1'• 1' . . I` '' ° t•:'.• P:' ' .1 4*%el ••"'",".0 's, • ..."i2 IQr-X-12/1-..Zi..7r,,.:•, f " . , __'1'` 6•. ',".:'.,' r olr •r: . . . . 1 . '. ;• .. : l\' rr r r r.,r• - - . 1 ••. . ` • .• . 1 r 5 " . 1 k A r .• ; Ali, s''''' .-- 4.114 . . 1 , r 1,411'A ,..;•$ , , Li) , „ .., ,,,.. . - -.4:::•--- ., • . . .. • . . • . .-.. . . . . . . . ,., s . —,1.,D. ,..,,;.-•ie ,,,,•,,,,, ••.,. • • , ..... . .._ . : .. -: - 2, . ........,- . . ,(./(....-7,1•—,,,..,,,,,, :: ...• „.# -..si,- , .:. # . ,.. ......:. , ....•::„...t. . , . , A.: .;•..!11 v,;••.,, , (,,,f..j-3^\-,„.-....,,,,,,p-.7:,`.!,2:-..f .?„ "' ".•i ., (V ''•. - 1 '..:' ' ' . ,* '-,, -'..0;7'7 ''-ii ,"" ., ' 1,1..'i-\ .1;..,.4,..,.?`'.'e,'-4..i'4 ,;. . , • . , . , , . ; . , ` .• - ' . ' . :'..... . - . *-, 7,-;'. '-.` . ' ,. -.i).' 41..‘ - -e- * 0,4„ A .. , 1 • •--,, '• ' --.-.` .-.-...;-':.,. ',:.' .,:, '.. •,,,..,-.- — ...,. •-•. v.,,,•:,.....• ,:.,..- ,....,-, , , • L.. ....c. • ... _ . .- •'.- . -• -- -•r.' '-,-..,....-,-.:1 - ...-•,, -...-. ...,•;.:\.;_:_•••••4.7,1-s,,r,,,. .,- :‘,,,,,,--., • ---t,L• ', ea ,:,.•-, .. .:, .*,..: ' '. ... ,.:...1.,1'.;.,::„.,j;,-!":t.,,,,7,?;;;%. . ,.. ,, _.! .: 77 71; c.2 ,,i.,..-,!.::::.,,, .,'....,,,:•%,:.. V1';'.\, 1, 1. , ...,..-',,,..'..,:;,,,..,,,.,,• .7 r, ,r•-•%.,• . • f."••,.(-AN'v.:,1.:•••,.,..1?..1••••••• ••,.-- ,\ •4.1, • . •; ' ;-,.; .• ' -•' • - °-:,'. '',;',......•'•: PL;-;'' ,-. ' ,-;.\. ‘,1',.....i,: 4',.,,:, '$'.., ' ,,• • .;;,..,, N N ' • ,„ '. !.P.. ,•. T.M r ',.•4 -"''.-A'• •`1 '" I ) '., :,'.-''''1"'4.-:::1'l'' 'Irr.,71."'-'1;;•?:". ''' ...• ' T.L. '•. • ' ''•-•' . ' ,;'''',, '.' ,',• • ,,,,..`...k V 4,,..,`„t.,'of,i-',':'.`,'`.;„4.../-9'..erfi,_,- ....„ a-.Z.A__- . -• ' r.k. - ,.;." '1,. - .:•-, 1, ,,' '• ‘.. --,"'- ,N'••.... .....:ii* ' ':ft:(''le? A ?...."...";.::1:1::: , 11.., • .'•,.0 ' . .. •; " . ."Ik'.".-'..''I '' ' '': ' ' ‘. '••••if' ''' ''"i•' 4 ......e. -"X.0),..., 1. .., Googre Earth ., V :.: -- :,-,147)?1-'•.- '.:••••',.',. .;. .:'•" ';,-:..1:";-•'.;";,5•••'(•'„;-.••. ...: :'•,,,''' ‘;',.1-::.,••,,,r'';4:1:,;- ,.;,... • I'' V.r. lu ' -'-. - . , , 6.93 ft , I*11C( ''''1. '- ' 's ' .. ... .:: ' :4"1::: ' .!'4:•*•Z:.'''7*•' .... "'to.• ' ' ::7..7 724*- '-' ..*.4 • ,.. - . , ., . •.• • ''. L, ..•-,', ,., - .e: ,.. ..,• 0„, , .' ,, _, -N, ...,...., . - ••,,-..: ... . •••••... -... ',.., • Q)9-Cill G6.•°41.j • . • .- -'•;'.".• 'se '47.*,:!.'!.t,-;...-1.:‘::.'... t'-.4. ' 'alt..;,- -,;'......-._ .• . ....:Nt.- -- - - -. 1 \ • . ,, ,. 1 ,• . . _ . • ...._ Y iirt,ft *fu 4'7.11 47/14" a 41.:to rikt 0 is, 74- 0 ere e r ka; • TV • iter;;14' <01 4)0 . • LaDana Hintz From: Jan Paustian <toyboat468@aol.com> Sent: Monday,August 28, 2017 7:18 PM To: LaDana Hintz Subject: Public Hearing 9-12-2017, RE: Ekins Conditional Request Dear Board Members, Jefferson County Board of Adjustment: My name is Janet K.Paustian, owner of lot 19 at the Southwest corner of Martinez Gulch and South Hills Road, in Jefferson County, and in the area of the proposed conditional request of the Ekins. I have read the proposed changes to the structures of Lot 8B, owned by the Ekins. I donot oppose their changes to their structures and find them to be reasonable,and of best use for the property. I would hope you find them to be reasonable as well and approve their proposed additions. Respectfully, Janet K. Paustian 406-449-6887 2507 South Ridge Drive Helena, MT 59601 1 - 01 GL .+Ne,.4" 6a LaDana Hintz From: Richard River <moonrivermt4@gmail.com> Sent: Tuesday, September 5, 2017 12:56 PM To: LaDana Hintz Subject: Ekins use request We live at 10 Tiger Gulch(Lot 8-B 1 of the River Minor Subdivision). Rich and Kathy River. We have no objection to the Ekins addition to the existing barn. We are curious why this conditional use request is needed. The existing barn already exceed the footprint of the primary dwelling. Rich and Kathy River (406-431-6920) A 6,6 To: Jefferson County Board of Adjustment From: Pam Collins, Esq. Date: September 5, 2017 Re: Ekins' Conditional Use Request INTRODUCTION Thank you for the opportunity to provide written comments regarding the Ekins Conditional Use Request. I also plan to appear at the public hearing on September 12, 2017. My name is Pam Collins and I own and reside in Tract B, which consists of 5.05 acres and is situated directly across South Hills Drive from Dennis and Vandi Ekins. I have owned, resided on, and paid taxes to Jefferson County on a single family dwelling on Tract B for 25 years, since 1992. (See Photo No. 1, attached.) I have made extensive improvements to the inside and outside of my home over the years. Mine is the only parcel, and I am the only resident, who is directly impacted by the Ekins' Request for a Conditional Use Permit. The front of my house faces the Elkhorn Mountains. It also has a view of the back of the Ekins' 2000 square foot primary dwelling and the existing horse arena. The existing accessory structure (horse arena) is a massive metal building, which is 120-feet by 78-feet, and contains 9,360 square feet. (See Photo No. 2, attached) The Ekins moved into their 6.11 acre lot this Spring, 2017, and now seek your permission to make this enormous structure even larger by approximately one- third, i.e., 78-feet by 40-feet and containing 3,120 square feet. THE EKINS' REQUEST DOES NOT COMPLY WITH THE PURPOSE AND INTENT OF THE ZONING REGULATIONS AND IT SIGNIFICANTLY ADVERSELY.IMPACTS ME. Section 1.2 of the Northern Jefferson County Zoning Regulations states that the purpose and intent of the regulations include (1) protecting property values; (2) regulating and restricting overcrowding of the land; and (3) preserving the • character and protecting the aesthetic resources of Jefferson County. In addition, Section 3.3.3 states that the purposes of the R-3 classification include: to provide for substantial open space and generally preserve the view-shed; and maintain community character. The existing structure on Ekins' property does not comply with the purpose or intent of the Zoning Regulations nor does it comply with the purpose of the R-3 classification it is in. It is out of character with the surrounding area. There are no other accessory buildings anywhere close to this magnitude or square footage in this area. The requested addition makes the structure even more out of character with the surrounding area, and it further overcrowds with structures this relatively small parcel. Furthermore, the requested addition will lower the value of my property by further obstructing my view, and by having a grossly out of character structure which overcrowds the property directly in front of mine. The Ekins' requested addition does not adversely impact them at all. It is not in their view-shed at all. The requested addition will unfairly have a significant adverse impact on me, but it will have none on the Ekins. THE EKINS' EXISTING STRUCTURE SHOULD NOT BE ALLOWED TO CONTINUE WITHOUT A REQUEST FOR, AND GRANTING OF, A CONDITIONAL USE PERMIT BECAUSE ITS NON-CONFORMING USE STATUS HAS BEEN TERMINATED. Section 2.3.2, Non-Conforming Uses, states that any non-conforming use may be continued except if any non-conforming use is abandoned or deserted or voluntarily caused to be discontinued for a period of 180 days, then any subsequent use of the building or structure is required to be in conformity with the provisions of the regulations. Section 4.4.2, Accessory Use Restrictions for Residential Classifications, provides that without a conditional use permit, an accessory building shall not exceed the footprint of the primary building. The non-conforming use status of Ekins' existing accessory structure has been terminated because the non-conforming use was abandoned or discontinued for more than 180 days. As such, the Zoning Regulations require that the subsequent use of the structure comply with the regulations The history of the property is that the Carte's bought the parcel and built the residence and horse arena in approximately 2005. Apparently, no conditional use permit was required to be obtained for the over-size accessory structure at that time. I know that I was not provided any notice or I certainly would have opposed it. I understand that the Carte's started divorce proceedings not long after the residence and horse arena were built and the property was placed on the market. The horse arena was used for approximately a couple of years after that by Mrs. Carte. However, according to my observation, the horse arena was vacant and was not used at all starting in approximately 2011 or earlier, until Spring 2017, when the Ekins moved their horses into it. Thus, given the above history, the Ekins should be required to request from this Body a conditional use permit for the existing accessory structure and, if that is granted, a conditional use permit for the expansion, both with Notice and Hearing. THERE ARE OTHER OPTIONS OPEN TO THE EKINS FOR THEIR ACCESSORY STRUCTURE WHICH WOULD NOT ADVERSELY IMPACT MY VIEW. The Ekins could place their additional accessory structure where their shed is now. (See Photo Nos. 3, 4, 5, attached.) They could also place it to the south of the current arena structure. (See Photo No. 6, attached.) If there is not quite as much room as they need, the structure could be two stories. EVEN THOUGH I AM SIGNIFICANTLY ADVERSELY IMPACTED BY THE EKINS' EXPANSION REQUEST, I AM RELUCTANT TO OPPOSE IT DUE TO THE EKINS' THREAT TO PLACE A SEPARATE ACCESSORY STRUCTURE DIRECTLY IN FRONT OF MY VIEW-SHED IF THE PERMIT IS DENIED. In a-conversation with Mr. Ekins on August 28, 2017, after I received Legal Notice from the County, I stated my concerns about his request for an expansion of the existing massive structure and the adverse impact it would have on me. Mr. Ekins told me that he would not even need a conditional use permit to build a separate structure with a 2,000 square foot footprint right smack in the middle between his residence and the current horse arena. And he said he could even make it two stories. Of course this would totally obstruct my view, and it would be even a worse option for me than the expansion of the existing horse arena. (See Photo No. 7, attached.) I considered that this was a threat of what Ekins would do 3, y . if I opposed the permit request and the permit was denied, and I told him so. Therefore, I am understandably reluctant to oppose the Ekins' request. However, if the permit is granted, I request that it be specifically conditioned on the Ekins doing significant landscaping on the entire extent of the west side of the arena, both the existing structure and the addition, for mitigation. There is currently no landscaping there. The permit should require that the landscaping include a significant number of trees which would soon grow to the height where the side of the structure meets the start of the roof. I also request that if the permit is granted, it be specifically conditioned on the height of the roof of the expansion being lower than the roof of the existing structure to help mitigate for the obstruction of my view. Thank you again for the opportunity to provide written comments. LaDana Hintz From: Hal Hay <hhcooll @gmail.com> Sent: Friday, September 8, 2017 12:39 PM To: LaDana Hintz Cc: dennyandvandi@aol.com;Judy Subject: Conditional Use Permit request/ Dennis and Vandi Ekins Jefferson County Planning Board Our names are Judy and Harold Hay. We own property across South Hills Drive from the property owned by Dennis and Vandi Ekins. We are writing in support of their effort to increase the footprint of their existing barn. We think the desire for more indoor storage is reasonable and the desire to keep an orderly property is commendable. It is our understanding that their other available option is to build a new building without the need for a conditional use permit. We feel their request should be granted and will have a favorable visual impact to the area. We support their efforts. Judy and Harold Hay 406-439-4564