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2017 - JULY 11 MEETING SIGN-IN SHEET x �� Project: ,leffertson .oun,y BoA'djus Meeting Date: July 11, 2017 Facilitator: LaDana Hintz 1 Place/Room: MT City Fire Hall Name Phone E Mail { - t t-4hA ,-.-11._ ( ICL+.,,ef"J % 44 , - J 4 .? / 3 .- `- C4_7„.\-) 'Ilmnaa “-r-' ' ( o ) 935- ' a 1f7 /1 'lfi .5 y - /- 'pl / , lard ��-^ '. t" - ,, 6 .e.,Q g4ic'eb j Cid i I i Ae LLbe — - �/f5 'k2(( i (f)o d , I I 1 i i • I • I i I 1 i i i > I i i I I I I i I I 1 ccs JEFFERSON COUNTY PLANNING DEPT CourthouseSt POBox H , 5L6; ; ;L ; Boulder,MT 59632 r 1,1\ .' (406)225-4040 Date: July 3, 2017 To: Jefferson County Board of Adjustment From: LaDana Hintz, Planner Subject: July 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,July 11th at 6:00 PM. You will need approve of the previous meeting minutes and to elect officers(chair and vice chair) since this is a new year. Then there will be a public hearing on the DeLude:and Reynolds Variance Request.A copy of the Staff Report, Findings, and Conditions have been attached for your reference. I have heard from at least four of you that you will be in attendance at the July 11th meeting. 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 or need additional information prior to the meeting. JEFFERSON COUNTY PLANNING DEPT f Courthousera C � POBox II ��Lrs1.1 Boulder,MT 59632 i u (406)225-4040 !, Date: July 3,2017 To: Applicants and Agents From: LaDana Hintz, Planner Subject: July 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,July 11th at 6:00 PM. The Board of Adjustment is scheduled to hold a public hearing on your proposed zoning variance request during that meeting. Please find 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 variance 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 public forum, 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. x JEFFERSON COUNTY PLANNING DEPT W Courthouse ;) '1, PO Box H == 1 4 :3 ' Boulder,MT 59632 ;:ani nI °ti (406)225-4040 —= = Jefferson County Board of Adjustment Meeting Agenda Tuesday, July 11, 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. November 10, 2016 6. New Business a. Election of Officers 7. Public Hearing a. DeLude &Reynolds Variance Request 8. Adjournment JEFFERSON COUNTY PLANNING DEPT Courthouse Annex East(114 S.Washington Street) , PO Box IIr -�. !C .: Boulder,MT 59632 ! Q • .i�i ' (406)225-4040 BOARD OF ADJUSTMENT MEETING MINUTES: Montana City Fire Hall Meeting Room November 10,2016 6:00 PM 1. BOARD MEMBERS PRESENT: John Hilton, Dennis Spencer, Chris Barry, Eric(John) Barbee 2. BOARD MEMBERS ABSENT: None 3. COUNTY STAFF/OFFICIALS PRESENT: LaDana Hintz (Planner), Commissioner Cory Kirsch 4. PUBLIC PRESENT: Lynn Price, Connie Grenz, Dave Duffy,Terri Kunz 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: Introductions: The four board members introduced themselves. John Hilton owns Helena Recycling and Spirals LLC and was in the banking industry. Eric(John)Barbee was a county and city planner for many years and he is now a nurse. Dennis Spencer is in the banking industry and has built two homes himself in the Montana City area. Chris Barry owns Gruber Excavating and has ranching experience. All four members live within the North Jefferson County Zoning District.Term positions for Board of Adjustment members are for two years and each of the four members are filling out existing terms. Election of officers: Dennis Spencer was nominated as chairperson and John Hilton was nominated as vice chairperson. The Board voted unanimously to appoint Dennis as the chair and John as the vice chair. 8. PUBLIC HEARING: Spirals LLC conditional use request: John Hilton recused himself from participating as a board member since he is the applicant for this project. Attachment A contains a summary of the discussion and decision. Eric Barbee made a motioned to approve the conditional use request for Spirals LLC, including approving the Staffs findings A- E and the Conditions of Approval 1 - 12 as written in the Staff Report. Dennis Spencer seconded the motion. The motion carried with a vote of 3-0 to approve Spirals LLC Conditional Use Request to establish a recycling processing facility. 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.PUBLIC COMMENT: All public comments received were associated with the Spirals LLC Conditional Use Review and have been incorporated into the conditional use request's public hearing discussion (see Attachment A). 11.NEXT MEETING DATE: The next meeting will be scheduled when an application or appeal is received for consideration. 12.ADJOURNMENT: The Board adjourn at 7:00 PM. These minutes have been prepared by Jefferson County's Planning Staff These minutes represent,a summary of the discussions from the November 10,2016 Board of Adjustment meeting.The : 4 . d of Adjustment accepts these minutes as the record. • Board o:Adjustment Representative Approv 1 Date ATTACHMENT A Spirals LLC Conditional Use Request Public Hearing Discussion Summary LaDana Hintz presented a summary of the Staff Report to the Board of Adjustment and handed out a zoning map and aerial photo (Attachment B) showing the area in the vicinity of the subject property. The Board had no questions of the Planning Staff regarding the proposal. John Hilton,the applicant, gave a short presentation regarding the proposed conditional use request. Spirals is the building and Helena Recycling will rent from Spirals LLC. Helena Recycling is a curbside recycling business. They go around and pick up recycling from businesses and other places in the City of Helena and the County [Lewis & Clark]. Currently they do not serve the surrounding area,but they hope to expand.They currently take all their recycling materials to Pacific Steel and Recycling in Helena and they have outgrown them, which has hampered Helena Recycling's growth. The new processing facility would be mainly for Helena Recycling's trucks and then they would take some commercial business from TriCounty Disposal and other commercial entities. Trucks would drive into the building and unload recyclable materials into separate bays. Recyclable materials would include plastics, aluminum,tin, cardboard, and paper. No types of metals will be processed. The materials will go into a baler,where materials are compacted and tied off with wire. Once there is an ample amount of materials baled,they will be loaded and trucked out. Quite a bit of the property will be used. They will be driving on most of the remaining 2.6 acres that will not be covered by the 9600 square foot building. John discussed the specific impacts of the project. They had not thought about sign age yet. There would not really be lighting outside the building since there is not really a need for exterior lighting. There will be donation or collection bins outside the building for the public to use. People will be able to drive in and unload their recycling materials next to the bins and drive out. There will not be a need for public parking spaces to unload. They have proposed three parking spots. They must have one marked handicapped spot per the State of Montana's requirements and there will be two other parking spots designated. There will be other areas on the east and south sides where they can park if additional parking spots beyond the three are needed. They can't park on the facility's north side since that's where the drainfield will be located. The Board asked the applicant questions. Eric asked if they would be recycling oil,batteries, or any similar types of material. John answered no. Eric asked if the lot's three accesses would be gated. John said that they would be open for now,but more than likely they would need to put up a fence for security purposes. John wanted to have a clean recycling center, so he would take measures so materials would not be blowing all over the place. Dennis asked how they would keep the materials from coming out of the bins and blowing around if there were not going to be fences. John commented that the since employees are on-site,they can empty the bins so they would not get full. Dennis asked if the parking areas would be paved. John commented that they would be gravel and that the handicapped space would be per the State's requirements. They will be graveled. If 3 room allowed, they maybe able to install a fourth parking space. There may be room for a fourth parking space. There will be two offices and a bathroom in the facility. Dennis wondered how many semis would be coming to pick up materials and during what hours they would arrive. John thought there would probably be one truck a week that would arrive whenever they get there,but most likely during business hours. Dennis was concerned about trucks showing up at 5:00 AM. Dave Duffey,the manager of the TriCounty Disposal which operates the landfill located within the subdivision,commented that some trucks get to his facility at 4:30 or 4:45. He has never heard a complaint about the trucks coming by that early. He did not see John's business creating any more noise and traffic than what the landfill already creates. John commented that Helena Recycling currently has three employees. The three designated parking spaces will likely be left open and employees will park elsewhere. Dennis asked John if the landscaping plan for the disturbed areas was to replant native grasses again. John confirmed and mentioned that planting probably would not happen until the Spring. They had to do something with the driving areas, so the gravel was going to be used now and they may try to pave at some point,but paving would likely not occur in the near future. The Board opened the public hearing to public comments. Lynn Price is a resident of Boulder. She thought that this facility was really needed..She wondered how the facility would serve areas further south. John Hilton commented that he hoped to work with Jefferson County to have roll- off bins in Boulder and Montana City as well as Broadwater County locations,but he was waiting to expand the service until the building is up and the kinks are worked out of the system. John mentioned that transporting recyclables to the facility is expensive. Connie Grenz is a resident of Boulder. She has been working with Jefferson County and Boulder on recycling. She is excited about the project. She is very aware that it is expensive to transport recyclable goods. The Jefferson County Commissioners have purchased roll-off bins for Montana City, Boulder, and Whitehall. Aluminum,tin, and paper can be taken to those sites. They use to take plastics to the State School and at this point that facility is not taking anything else right now. She wondered if Jefferson County would be able to utilize the Helena Recycling facility for emptying roll-off containers. John Hilton said yes. Connie questioned if everything could be stored inside. John commented that paper is always stored inside and plastics, aluminum and cardboard can go outside once they get baled. John thought plastics might be stored inside once baled since materials can flake off. Connie asked if there would be storage outside. John said there would not be much storage because assoon as there was enough for a truckload,materials would get shipped out so bills could be paid. Terri Kunz is a Jefferson County resident. She supports John's project since he would have.a clean facility and he is a good business person. She would like to see more businesses in the County and in particular within the TIFID [Tax Increment Financing Industrial District]. The Board closed the meeting to public comment and discussed the proposal. Eric mentioned that maybe a condition needed to be included that referenced the recorded covenant document. 4 LaDana commented that Condition#9 already requires compliance with any covenants and other private easements, agreements, etc. The Board agreed that Condition#9 sufficiently addressed the requirement to comply with the covenants. Eric made a motion to approve the conditional use request for Spirals LLC, including approving the Staffs findings A- E and the Conditions of Approval 1 - 12 as written in the Staff Report. Dennis seconded the motion. The motion carried with a vote of 3-0 to approve Spirals LLC conditional use request to establish a recycling processing facility. 5 J ekri ��d l� STAFF REPORT 3r DeLUDE &REYNOLDS VARIANCE REQUEST x S c . NORTH JEFFERSON COUNTY ZONING PW S u� Ls'a.f�` R-4 ZONING AREA JULY 5,2017 ' GENERAL INFORMATION: Applicants/Owners: Jacob DeLude&Tel Reynolds Agent: Ken Vivrette Application Type: Variance: Minimum lot size requirement Date Received: June 9,2017 Date of Legal Notice: June 28,2017 Date of BOA Hearing: July 11, 2017 PROPOSAL: The applicants have requested a variance to the 10-acre area minimum lot size requirement for properties located within the R-4 zoning area of the North Jefferson County Zoning District. The R-4 zoning requires a minimum lot area of 10 acres. If the requested variance is granted,the applicants are proposing to adjust a common boundary line located between a 6.18 and 13.06 acre parcel. The two resulting parcels would contain approximately 9.23 and 10 acres and have compliant building sites. PROPERTY DESCRIPTION: The properties are located within Section 13, Township 9 North, Range 3 West, and are further described as Amended Tract C on COS 212352,Folio 652A and Tract D on COS 199593, Folio 593- A. They are located to the south of Highway 518 and the Montana City School at the junction of McClellan Creek Road and Sawmill Road(see Attachment 1). Properties in the immediate area are generally used for residential purposes and located within either the R-1 or R-4 residential zoning areas(see Attachment 2). APPLICABLE LOCAL REGULATIONS AND STATE LAWS: A)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). 1 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 theland;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. Locationof 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 involved and the conditions specified for the use. CHAPTER II-ADMINISTRATION 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 may be continued except if any such non-conforminguse 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 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 2.4-VARIANCE 2.4.1 Certain circumstances may exist or arise wherein an unnecessary hardship is created through strict adherence to the provision of these regulations. A variance from the provisions of these regulations may be granted so that the public welfare is secured. Hardship refers to circumstances peculiar to the particular property. Financial or economic difficulty or consequences of actions by the property owner are not"hardships" for zoning purposes. 2.4.2 Procedures for Variance 1. Application and procedures for variance shall be in conformance with the requirements of the Board of County Commissioners. 2. In approving a variance, the Board of County Commissioners may impose such conditions as are, in their judgment,necessary to promote the general provision of these regulations. 3. A variance shall be valid indefinitely provided it is exercised within one year of the date of issuance. 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. 3 CHAPTER III-ESTABLISHMENT AND DEFINITION OF CLASSIFICATIONS 3.3.4 R-4 The purpose of this classification is to: 1. Encourage well planned residential development with a dwelling density less than or equal to 1 dwelling per 10 to less than 22.0 acres that is within reasonable proximity to basic public services; 2. Encourage a separation of uses in areas where potential conflict of uses may exist; 3. Provide for a planned roadway system including adequate access for emergency response services; 4. Plan and provide for community amenities; 5. Maintain community character; 6. Retain and augment community amenities; and 7. Protect and preserve environmental quality. 3.3.4.1 Examples of Permitted Uses 4. Dwelling, single family 3.3.4.4 Bulk and Dimensional Requirements: 1. Minimum lot area: 10 acres 2. Minimum lot width: 330 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. 4. A 20 foot set-back is required from streams, rivers, and lakes which do not serve as property boundaries. 5. Set back required for County roads shall be 20 ftas measured from edge of easement or right-of-way,which ever applies DEFINITIONS Density- The number of dwelling or building units on a particular area of land. Existing Use-The actual lawful use of the premises at the time these regulations were adopted. Lot-A parcel,plat, or other land area created by subdivision for sale,rent or lease on file in Clerk in Recorder's Office. 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. Permitted Uses-Any use subject to the regulations of such use classification. Residential Classifications - R1 through R5 constitute Residential Classifications. 4 Use-The specific purpose for which a building is arranged,intended, designed, occupied, and maintained. Variance An adjustment made on the application of the specific regulations to a particular piece of property in the form of a special exception to this division granted by the appropriate body. B) MONTANA LAW: Pursuant to 76-2-221 through 224,Montana Code Annotated, in addition to the North Jefferson County Zoning District Regulations,the Board must consider the following, in relation to the variance request: 1. In order to grant a variance request, a minimum of three members of the Board of Adjustment must vote in favor of a motion to approve such a request. 2. For the granting of a variance to be valid the following criteria must be met:(1)the granting of the variance will not be contrary to the public interest,(2) a literal enforcement of the zoning ordinance would result in unnecessary hardship, owing to conditions unique to the property,and(3)the spirit of the ordinance will be observed; and substantial justice done,by granting the variance(Lambros v. Board of Adjustment, 1969). 3. The Board of Adjustment may impose conditions on the project should it elect to approve the request. C) PERTINENT JUDICIAL DECISIONS: The Montana Planning and Zoning Law Digest, Second Addition, cites the following cases pertaining to variance requests: One case clarifies the purpose of a variance: 1. The prime purpose of the variance is to benefit the community and the individual property owner by assuring that property capable of being used will not lie idle.Lambros v. Board of Adjustment, 153 Mont. 20,452 P.2d 398 (1969). Two cases clarify what constitutes unnecessary hardship: 1. In Wheeler v.Armstrong, 166 Mont. 363, 533 P.2d 964(1975)the court found that"The requirement that a petitioner for a variance show that literal enforcement of the existing zoning regulations will result in unnecessary hardship is not met if the claimed hardship is self-imposed." 2. In Cutone v.Anaconda Deer Lodge, 187 Mont. 515, 616 P.2d 691 (1980)the court found that a denial of a variance does not work an unnecessary hardship on a property owner who bought a parcel of land after the disputed zoning regulations were in place and who knew, or should have known,that they prohibited the use he wished to make of the tract. 5 One case that clarifies when a variance should not be granted: In Wheeler v.Armstrong, 166 Mont. 363,533 P.2d 964(1975)the court found that"The granting of a variance is improper if the applicant fails to show that the variance will serve the public interest." One case that clarifies that everyone has a right to be heard on a variance request: In Wheeler v.Armstrong, 159 Mont. 392, 498 P.2d 300(1972)the court found that"Due process requires that an applicant for a variance be given an opportunity to be heard on his request." STAFF REPORT DeLUDE &REYNOLDS VARIANCE REQUEST NORTH JEFFERSON COUNTY ZONING R-4 ZONING AREA JULY 5,2017 1. The applicants own two lots in a residential zoning area. They would like to make the two lots similar in size. Currently one of the lots exceeds the minimum zoning requirement of 10 acres and the other lot is less than the minimum requirement(see Attachment 3).The applicants are proposing to seek approval for a boundary line adjustment; however, one of the resulting lots would contain less than 10 acres. If the variance is approved,the applicants would move forward with having the property surveyed and seek approval from Jefferson County for a boundary line adjustment. Once the boundary line is adjusted the lot sizes would be comparable to the zoning area's minimum lot size requirement. If the variance is not granted, the applicants could move forward and develop both lots as they currently exist since both lots are parcels of record. 2. The following items are attached to this report: a. Attachment 1: Location map, b. Attachment 2: Zoning map excerpt, c. Attachment 3: Proposed lot configurations, and d. Attachment 4: Public comment received(one letter—Erin DeBorde) 3. Amended Tract C on COS 212352, Folio 652A currently contains 6.18 acres.The lot has existed in this state since the survey was recorded on August 10, 2004. The lot currently contains less than the 10 acre minimum that is required for the R-4 zoning area and as such is considered non-conforming to the minimum lot size requirement. Section 2.3.1 of the zoning regulations states that non-conformities shall not be expanded, enlarged or extended. Since the new tract is proposed to contain less than 10 acres if the boundary line adjustment is completed, the applicants need a variance to create a new lot that contains less than 10 acres. Current planning staff has located two similar density variance requests that Jefferson County 6 reviewed and approved of in recent years. Those approvals allowed applicants to complete boundary line adjustments,which were similar to the current applicants' proposal. 4. The application materials addressed the need for the variance request.Adjusting boundary lines would help create two lots that are more in conformance with the minimum lot size required by the zoning and both lots would have good building sites. They stated that granting the variance should not be detrimental to others and there would be no substantial increase in public costs. 5. Lots located to the west of McClellan Creek Road are located within an R-1 zoning area.The minimum lot size required in this residential zoning area is the minimum allowed by the Montana Department of Environmental Quality(MDEQ). This particular R-1 zoning area currently contains several of Jefferson County's more densely populated subdivisions,with many of the area's lots containing less than two acres each. The R-4 zoning area,which includes the subject properties, is located to the east of McClellan Creek Road. This zoning area requires substantially larger-sized lots since the minimum lot size is 10 acres. The R-4 zoning area currently contains a mixture of parcel sizes, some of which are less than the minimum lot size and others that are substantially larger than 10 acres. The two proposed lots would be similar in size to other smaller-sized non-conforming lots that currently exist within the R-4 zoning area. A portion of the zoning map has been included as Attachment 2;the map depicts the contrasting zoning areas and the lot present in the immediate area of the proposed variance request. Ideally when zoning areas and their associated regulations are created,the creators should tally the lot acreages and then select minimum lot sizes that match the size of a majority of the area's lots. Such a process helps to establish a baseline standard that matches the reality of what currently exists in an area and helps to increase the probability that existing parcels will conform to the new standards. In addition, zoning,areas are typically created so that the minimum lot sizes that are required gradually increase as one moves away from a population center. In this instance the R-1 and R-4 standards require substantially different minimum lot sizes and the two zones are only divided by McClellan Creek Road. There are currently no intermediate zoning areas between the R-1 and R-4 zones even though the zoning does include R-2 and R-3 zoning areas,which allow for reduced lot sizes(2 and 5 acres,respectively)that happen to be similar to the lot sizes that currently exist in this area.As the zoning is updated, the zoning reviewers should consider including a R-2 and/or R-3 zone within portions of this R-4 zoning area to reduce the number of non-conforming lots that currently exist in the zone. It should be noted that the applicants are not seeking a zone change to be included within an R-2 or R-3 zoning area since those zones do not current exist near their properties.Amending the zoning to have an isolated R-2 or R-3 zone containing only two lots could be considered spot zoning and the decision could likely be challenged in court unless many more parcel owners joined in on a map amendment request. 6. Section 2.4 of the North Jefferson County Zoning Regulations states that certain circumstances may exist or arise wherein an unnecessary hardship is created through strict adherence to the provision of the regulations. A variance from the provisions of the regulations may be granted so that the public welfare is secured.Variance requests are reviewed on a case-by-case basis and in all instances the hardship associated with the circumstances peculiar to the particular property are considered. Since amending the zoning map was not an option,the applicants must request a:zoning variance to address the minimum lot size requirement. 7. If there are private covenants or other private agreements associated with these two property, the applicants are responsible for ensuring that their proposed lot sizes conform with the terms of those documents. 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 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." 8. If the proposed variance is approved, the applicants will need to have the boundaries of the proposed lots surveyed, and the survey and any other required materials will need to be submitted to Jefferson County's Survey Committee for review. The new lots will not be created until the survey is filed with Jefferson County's Clerk&Recorder. A condition of approval is proposed to address this requirement. 9. Any new lots created are required to demonstrate compliance with Montana's Sanitation in Subdivision Act. The applicants will be required to meet any requirements of the Montana Department of Environmental Quality(MDEQ)prior to the survey being recorded unless the division is validly exempt.A condition of approval is proposed to address this requirement. 10. Prior to developing the sites,the applicants will need to obtain a site permit or any other applicable zoning approvals that are needed to demonstrate compliance with the zoning regulations. In addition, the applicants will also need to obtain a wastewater permit from Jefferson County's Environmental Health Department. All proposed development shall be in compliance with the issued permits. A condition of approval is proposed to address this requirement. 11. Legal notice of this variance request was placed in the June 28,2017 issue of the Boulder Monitor and adjoining property owners were sent legal notices by certified mail on June 26, 2017. To date the Jefferson County Planning Department has received one letter of public comment from Erin DeBorde, who is an adjacent property owner to the south(see Attachment 4). The letter states that if the current variance is approved, the DeBordes previous request should also be approved. Planning Staff did research the history regarding the DeBorde property to determine if their request was similar to this variance request. Jefferson County's records indicate that in 2016, the DeBordes requested an appeal of the zoning administrator's decision,which would not be the same as a variance request. Their appeal was in association with wanting to add an addition dwelling unit to a property containing less than 30 acres. They already had two dwellings, their residence and a rental unit, and they wanted a third dwelling to house family members. The County Commissioners denied the DeBordes appeal and they have not pursued a conditional use or variance to allow for the additional unit. If the DeBordes do elect to pursue approval from the Board of Adjustment,the particular facts and circumstance associated with their property and situation will be reviewed,then the Board of Adjustment would make a decision on their particular case. 8 12. The proposal has been reviewed with regards to the variance criteria addressed under Sections 76-2-221 through 76-2-224, Montana Code Annotated. 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 variance. The section of this report entitled"FINDINGS/BOARD ACTION" includes findings specific to the variance request. M a result of the Staff's proposed findings,it appears the proposal could qualify for approval of the requested variance. The Board of Adjustment could consider approving the variance request to allow for the minimum lot size to be reduced below 10 acres considering a non-conforming lot would become more conforming if the lot size is allowed to increase and the proposed lot size would be consistent with the sizes of other lots in the area and the size would be relatively close to the minimum lot size that is required. GENERAL INFORMATION: In order to grant a variance 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 variance to reduce the minimum lot size required; 2. Whether to impose conditions if the Board grants approval of the requested variance (potentialconditions are listed on pages 11 --12 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—VARIANCE REQUEST: After the Board reviews the particular facts and circumstances of the requested variance and the staff recommendation, findings are required to be made by the Board to support the decision on the variance request.A variance shall not be granted unless the Board makes findings that can support approval of the request. Planning Staff has listed each required finding below as addressed under Sections 76-2-221 through 76-2-224,Montana Code Annotated. After each listed item, is Planning Staffs suggested findings in regard to the proposed variance 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 materials 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 variance to reduce the minimum lot size requirement associated with properties legally described as Amended Tract C on COS 212352,Folio 652A and Tract D on COS 199593, Folio 593-A,which are located within Section 13, Township 9 North, Range 3 West: a. Will granting of the variance be contrary to the public interest?: Granting the variance will not be contrary to the public's interest. Currently the applicants could develop both lots for single family residential purposes since the lots currently exist. Instead they would rather adjust a common boundary line, thus bringing both lots closer to the 10-acre minimum lot size that is required in the R-4 zoning area.If the proposed development on both lots can meet all other zoning standards and any sanitation related requirements and 9 appropriate permits/approvals are obtained prior to developing the lots, then no substantial impact to the public is expected. b. Will a literal enforcement of the zoning ordinance result in unnecessary hardship, owing to conditions unique to the property?: The literal enforcement of the zoning would result in unnecessary hardship, owing to conditions unique to the property. One of the subject parcels currently does not meet the minimum lot size required under the zoning and the lot cannot meet the size requirement if a boundary line adjustment were to occur between the subject parcels since the two parcels do not contain a total of 20 acres, which is the acreage needed to create two equal-sized, compliant lots. The subject properties are located near the boundary of the R-4 zoning area; the zoning changes to R-1 on the west side of McClellan Creek Road. The R-1 zoning area allows for substantially smaller-sized parcels (minimum lot size required by MDEQ) than the 10-acre minimum lot size that is required within the R-4 zoning area. There are currently no intermediate zoning areas located between the R-1 and R-4 zoning areas to allow for a zone change, which is necessitating the need for a variance. If the variance is approved, the applicants are proposing to relocate a common boundary line between the two lots. If the boundary line adjustment can occur as proposed, the two resulting lots would be more in compliance with the zoning than the current parcels since they would now contain 9.23 and 10 acres. c. Will the spirit of the ordinance will be observed, and substantial justice done,by granting the variance?: 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. The spirit of the zoning ordinance will be observed and substantial justice done if the proposed variance is granted. The R-4 zoning area is a residential zoning district which requires larger- sized parcels. The applicants are proposing to complete a boundary line adjustment to make their lots more consistent with the zoning's acreage requirements.Although one of the proposed lots would not comply with the minimum lot size required, the resulting new lot would be substantially larger than the lot's current size of approximately six acres. Conditions are proposed, which require the applicants to complete a survey and obtain any necessary approvals and permits prior to developing the lots, which should help to minimize impacts to public health, safety, and welfare. The character of the area is expected to be preserved since the lots will be used for single-family residential purposes and would be similar in size to other lots that currently exist in the area. 10 STAFF REPORT DeLUDE &REYNOLDS VARIANCE REQUEST NORTH JEFFERSON COUNTY ZONING R-4 ZONING AREA JULY 5,2017 After review of the site, application,North Jefferson County Zoning District Regulations,history of the subject properties, and related information,the Jefferson County Planning Department Staff recommends that the Board of Adjustment consider approval of the applicants' variance request for a reduced minimum lot size associated with properties located in the North Jefferson County Zoning District,R-4 zoning area,within Section 13,Township 9 North,Range 3 West that are described as Amended Tract C on COS 212352, Folio 652A arid Tract D on COS 199593,Folio 593-A, 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 arfIcpsat ketr�•, proposed. 2. This approval allows for two lots to be created, with one lot containing less than 10 acres,) 661% hi- "9 which is the minimum lot size currently required in the R-4 zoning area.The two lots proposed 6-j4 41-m" under the boundary line adjustment shall be similar in size to this proposal or additional review 7 ate' and approval will be required by the Board of Adjustment. 3. The applicants shall have the boundaries of the proposed lots surveyed, and the survey and any other required materials shall to be submitted to Jefferson County's Survey Committee for review.Once approved,the survey and any other required documents shall be recorded to establish the new lot boundaries. 4. The applicants are required to demonstrate compliance with Montana's Sanitation in Subdivision Act. The applicants shall meet any requirements of the Montana Department of Environmental Quality(MDEQ)prior to the survey being recorded unless the division is validly exempt. 5. Prior to developing the lots,the applicants will need to obtain site permits or any other applicable zoning approvals that are needed to demonstrate compliance with the zoning regulations (North Jefferson County Zoning Regulations, NJCZR Section 1.5). In addition,the applicants will also need to obtain a wastewater permit from Jefferson County's Environmental Health Department.All proposed development shall be in compliance with these permits. 6. 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. 11 7. 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. 8. The applicant shall have 1-year from the date of the Board of Adjustment approval letter to complete the boundary line adjustment process to establish the proposed lots.This approval shall 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 fulfilling the conditions of approval otherwise specified. (NJCZR Section 2.4.2.3) 12 DeLUDE & REYNOLDS VARIANCE REQUEST $\ . , A 7 war 1 -4T,.\ ir ,._,,,ity,, 4,,,, F, i-,/ , , ,ie , ° p, AiL / ot *75-- iii . a inor, in I' • 1 ik 1 sift ,:ai\ like o . . • l*V-l11Y4-A1•1101.12101-.ik-0_,A1l120111110,-1/1'A1 1,1411I0N00)I*, Ilire?,,!:I-rli=, A101li0\w 1001 MI • s's *,.d -wr , it 11111/1 Ng ,#0,Ewdo, i„., 0 gy ,AJ,,,,, ‘,:,._ iow.)rt_r_. ----------,•, .t olikt S'' yit ill 13 '0\ • 0 Alkommk- U oe II --....... dagyv, . ,,,,(7 111 Mr-PRZSP-W. 1 _41.1110 . M ir• M "ittros4t 7 044 ir //*4., 7 v A wi wihffilitt7it-m*4 , , i watvo.40/0.4 kik - OW% A4+„,i,f,eA4) North Jefferson County Zoning Areas 1 `ale 'a o us real>- 1 !� / ` r ; IA T-EN'HER; ,, • +. ' Ill 1 Basic R ur` j ., ., J ur a E j / J. / 1 Ki o y2 r' . <� 'it' �, !;•/r,Y - ' ?; iodu,s ria � • V \ 'tip �OQ', �ek � � �'O�� _� ,� 11 i��{ F;• .. r �' - +� • %•G 4 I> > 1 it it i _ ii l'. A 1r•5:••••.> , \ • • HILLCREST :1 _!„-y., ... _ ,,...r 'SAWMILL. ' SMITH; • , IN , C me 'trcia.I 4-d-1' :,-...i.,-...-.,-- §-1,••• ,. .• •--:._I; � ` �i ! i i . i-(JL ul i •' -i i 1 ;• ' _` ` ` . rt5 NA.,55 PNT • . 1--1 l CAIS z-Z , •- ----f ,'_._L,_.: Wqp L a i �Tl i. , i � � , 1 r _ ri' %__¢pLOST J, In 1� � 6 X701 MUDDY OG ;: ::.3*or ?M'' 1% 114 .4441 �0if Mara C '�: _�� ��; , � -�� I 'I - 4- : Basic Resource • ki; o 1! l�/`Iilil•ak�ibt ikillt�=o'/�ip �•�fr*`S .it 44 � i..I � iik-ir-At film ti. ... - si_._----rAik. . • . b 'cam ' ® e.t Aa.�,, „+ 0. r o(( - X14" /Y\s Line Table D�.eic �y, EXHIBIT " in D. Line (/ Direction Length ,����---- , ") 60 WIDE PRIVATE ACCESS & rr���ONTANq'= CERTIFICATE OF SURVEYOR UTILITY EASEMENT L L1 N5T15'S3'W 29.91'- �,._ L2 N7a'S6'34'W 281.75' 4.1 ttt* JAREDA I, Jared A. Lay. a licensed Professional Land Surveyor in the State � 1807 11TH AVENUE RE of Montana, do hereby certify that this is a true representation of a „lc,Ynint ` HELENA, MONTANA 59601 L3 N40'09'58'W 620.49' • 1�+ 17305 LS s- survey mods�nder my direct supervision. '^tD OFFICE: (406) 449-1306 L4 56T16'38'1Y 385.97 S ( 1 1 `_d'�QI�T 5 �� �.-. ��7 \ �� CELL: (406) 431-3048 L5 N81'35'54'4/ 409.49' _ "'1L IA10,,llf Jared A. Loy, Mo no R No. t7JOSLS Dote 1 1 16 587'28'05"W 312.87' �/ L7 565'31'18'14 14.08'" d f N89'04 31"E; 1118.53! [. CW t/16 COR. -- - r y� - f" --•--- -"SEC.4i3C 19N,R3W 1 SEC. 13, T9N,RJR' a w -B.LM.B.C. 6 B.LM.B.C. rig /a.cf-4...)- , 1 IN }tH P 512 r -• �� 4.1 Tract D O } ,NaC.O.S. #199593 POm W „ 11 41 ) Fe 1 wv Tract 8 _ o �" d.p �`• v, C.O.S. #199593 - , InOCm s�, o I • I : ` , " g Tract 14A �F 'o I ::� C.O.S. x/233886 Tract A so Li 40- �-\ �;::\& 589210DW, 553.38 C.O.S. #199593 'y ..............„„_1_ __ `6. l 'i r ', '! `�`.• e »..... ..........,, _ ;•:�* ,moi; ....................''''..............._............_;.... :::. ::;yam' 565.31'18'W, 334.13' '1 ` } � 400' �-fd 0' 100' 200' " r- 'f: �3 �,-a i�,, . _ -...w1� • -. .. ` 60'WOE PRIVATE ACCESS *� \ �`li?... ��s k UDLRY EASEMENT s ,amended Tract C Scale: i" = 200' : r '" 4c5 -""%64.464,5: • CREATED THIS 0011BIT �°'r: t j c. .9.• ` ., -C.O.S. #212352 >ri ""` 587'28'05"W, 304.18' `-t '�. •n - SILL 1i0� ..- -N81'35'54"W, 313.42' .sr, • �e ,''*, m SO '''019' 125.34' •'• 'A=8'18!40" LEGEND BASIS OF BEARINGS s,,,,, �, / / R=91.1 I' Bearings r •. 27.03' L=78.91' ' L=13.22' N70'S1'24"W, 296.57' :::::�.>_ ® = Found survey monument by others gs ore based upon w Certificate of Survey No, e:;;::>::;I�� S / LC=N23'26'29"E, 13.20' 199593, Folio 593-A N76'04'54"W, 146.77' ti. ,' i A=28'02'12" O= Set 5/8" x 24" rebor with orange plastic yap ' R=322.52' mk'd: "17305LS" SW 1/16 COR 566'57'46"W, 23.64' �' SEC. 7J, T9N,RJW t � 'r L=157.82' 500.00'= Record Bearing and Distance , &LAI.. B.C. 557'18'45"E, 188.28' LC=N33'16'01"E, 156.25' 550'52'14"E, 76.43' L=78.91' V LQ (t Ae. ;,,c1; c.ede,r -11\e- boNr4041. , J4 ar} wev,1 d lee_ A N4717'07"E, 44.81' C.O.S. 142354 nope 7 ',per l 9� Ol. , -_ - A= I11 CU ca.-4A bow„ d okr 1',.:er w_ . y �r -11.0 -�,,�d nes,, r c a_Is- Jefferson County Planning Dept, Regarding: Delude and Reynolds R4 Variance request. I support this variance request and would expect my request to be approved as well. In April of 2016 my husband and I applied for a R4 zoning variance in North Jefferson County, The request was to put another dwelling on our property however we were just shy of the 10 acre minimum requirements. Our variance request was denied. In the event that the DeLude and Reynolds(Attached) variance request be granted I would at that point expect our variance to be granted and the denial we received to be overturned. Thank you Erin DeBorde 123 McClellean creek Montana City 406-461-4422 •14-aV-1N r.,en4- �� engineering t, Date: April 11, 2016 To: Jefferson Board of County Commissioners From: Jerry Grebenc, Interim County Zoning Administrator Subject: DeBorde -Appeal of Zoning Determination Dear Commissioners, On March 15, 2016, I met with Erin DeBorde to discuss her proposal to construct an additional residential structure on the property that she and her husband Jeremy DeBorde own at 123 McClellan Creek Road. The dwelling would provide housing for a family member being treated for cancer. The subject property is located in the R-4 Residential Zone of the North Jefferson County Zoning District. The property is physically located south of the intersection of Sawmill Road and McClellan Creek Road and adjacent to McClellan Creek Road. (Please see the attached location map and aerial photo.) The R-4 Zone of the North Jefferson County Zoning District requires a dwelling density less than or equal to 1 dwelling per 10 acres to less than 22.0 acres. The DeBorde property is currently 25.16- acres in size and has two (2) residential dwellings located on it,thus having an existing density of 12.58-acres per dwelling. In order to construct an additional dwelling on the property and to comply with the density requirements of the zoning,the property would need to be 30-acres in size. (Please see the attached regulations for the R-4 Zone.) Due to the current size of the property and the two (2) existing dwellings on the property, the determination was made that the DeBorde's proposal would not comply with the zoning. (Please see the attached zoning determination letter.) Mrs. Deborde and I then discussed what options were available in order for her and her husband to move forward with their proposal. Based upon the North Jefferson County Zoning Regulations, I identified the two options for possibly moving forward with the construction of a third dwelling unit: • Amendment of the zoning regulations to increase the density requirement of the R-4 zone; or • DIRECT: 406-495-6153 1OC-irr‘€1 L 1 • Appeal the Zoning Administrator's determination directly to the Board of County Commissioners. Subsequently,the DeBorde's elected to appeal the determination directly to you. The DeBorde's have provided all the necessary application materials including: • Request for Board Action Application • Application Fee • Letter from St. Peter's Hospital • Department of Revenue (DOR) data on adjacent property owners • Aerial photograph of the site • Certificate of survey for the property These materials, excluding the DOR data and fee are included as attachments. The only outstanding piece of information that the DeBorde's must provide is an affidavit showing that they made a reasonable attempt to notify all affected parties of his proposal/appeal. Per the North Jefferson County Zoning Regulations,that affidavit must be provided to the County Commissioners prior to them taking action on their appeal. Great West on behalf of Jefferson County has sent a notification letter to all of the adjacent property owners informing them of the DeBorde's proposal/appeal and the Commission hearing on April 26th. The list of adjacent property owners is attached.Jefferson County staff has also placed a notice in the Boulder Monitor. Please contact me if you have any questions. Cc: Erin and Jeremy DeBorde DIRECT: 406-495-6153 A.44. ack.reNG,4 tia