city of hamilton zoning board of adjustment meeting

CITY OF HAMILTON ZONING BOARD OF ADJUSTMENT MEETING/HEARING

AGENDA

MONDAY, DECEMBER 28TH, 2020 at 5:30 PM Due to public health concerns and government directives, the Zoning Board of Adjustment meeting will be conducted remotely through the online/phone conferencing platform Zoom. Any member of the public who wishes to observe or participate is able to attend and make comments on the Internet or by phone. Detailed instructions on joining and participating in this and future Zoning Board of Adjustment meetings via Zoom are available on the City of Hamilton's website, www.cityofhamilton.net.

1. To join the meeting on the Internet, copy and paste the following link in your web browserhttps://zoom.us/j/88249592273 and follow the on-screen prompts.

2. To join the meeting via phone, dial any one of the phone numbers listed below and enter the meeting ID 882 49592273.Call-in #'s:(346) 248-7799 (253) 215-8782 (669) 900-6833 (301) 715-8592 (312) 626-6799 (929) 205-6099

Agendas and documents related to agenda items are available on hamiltonspeaks.net and on the City’s website, www.cityofhamilton.net. On the City’s website, click on “Agenda & Minutes”, “Boards and Commissions”, “Zoning Board of Adjustment”, “Agenda/Minutes 2020”. We encourage citizens who are able to submit their comments prior to the meeting on on hamiltonspeaks.net or via email to [email protected]. Comments may also be delivered to Public Works, Attn: Planner, 920 New York Avenue, Hamilton. All comments will be distributed to the Zoning Board of Adjustment members.

I. Call meeting to order

II. Roll call of the ZBA

III. Comments from the public on items not on the agenda

IV. Unfinished business

V. New Business

A. Conditional Use Permit (CUP) #2020-04; 110 West Main Street, Hamilton; applicant, Steven Wilson ofStudio 33 Smoke Shop, requests to operate a business where patronage is limited to persons 18 years or older in theCentral Business District (CBD) where such uses are a conditional use and require review by the Zoning Board ofAdjustment. The business in question is a smoke shop and glass art studio.

o Chairperson opens public hearingo Staff commentso Applicant presentationso Public commentso Chairperson closes public hearingo Board consideration/comments and motion to approve or deny

VI. Approval of minutes from previous meetings: August 24, 2020.

VII. Non-agenda items: topics for consideration

VIII. Schedule meetings

IX. Adjourn

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City of Hamilton Zoning Board of Adjustment CUP 2020-04

Staff Report for the 110 West Main Street Conditional Use Permit Application

ZBA Public Hearing Date Zoning Board of Adjustment public hearing is on Monday, December 28, 2020 at 5:30 PM.

Staff Recommendation Approve with conditions

Recommended Motion Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application CUP 2020-04 and move to approve the 110 West Main Street Conditional Use Permit application with conditions.

Alternatives 1. Approve the application with the recommended findings and conditions;

2. Approve the application with modifications to the findings and/or recommended conditions;

3. Deny the application based on findings of non-compliance with the applicable criteria contained withinthe applicable law and regulation; or

4. Continue the public hearing on the application, with specific direction to staff or the applicant to supplyadditional information or to address specific items.

Project Summary The applicant, Steven Wilson of Studio 33 Smoke Shop, on behalf of the property owner, Garth Nicholas Bergh, has applied for a conditional use permit to operate a business where patronage is limited to person 18 years or older at 110 West Main Street. The property is zoned Central Business District (CBD) where businesses limiting patronage to persons 18 years or older are conditional uses. The business is a smoke shop, which is currently in operation and has been since October of 2020. The shop sells a variety of items including pipes, water pipes, vaporizers, jewelry, and glass art. Approval of the conditional use permit will allow the business to remain open. Denial of the conditional use permit will require the business to close in its current location. The applicant has also stated that he hopes to offer glassblowing classes in the future, which may require additional building permitting.

Applicant

Steven Wilson Studio 33 Smoke Shop 3000 Washburn Street #6 Missoula, MT 59801

Owner

Garth Nicholas Bergh 2006 South Post Street Spokane, WA 99203

Location and Legal Description

The property is located at 110 West Main Street The legal description of the property is: Lot 10-A of Amended Plat No. 334, being Lot 10 and a portion of Lot 11, Block 28, Original Townsite of Hamilton, Ravalli County, Montana, according to the recorded plat thereof.

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Land Uses and Zoning North: Zoning: Central Business District (CBD) Land uses: bank parking lot and drive-thru

East: Zoning: Central Business (CBD) Land uses: bank

South: Zoning: Central Business (CBD) Land uses: casino, bar, real estate office, insurance office, vacation rental, upstairs apartments, restaurant, retail

West: Zoning: Central Business District (CBD Land uses: barbershop, nail salon, religious organization, retail, upstairs apartments

Land Use Characteristics

The general land use characteristics of this area can be described as a mix of commercial and residential uses.

Conditional Use Permit Staff Analysis and Findings of Fact The following is an evaluation of the conditional use permit application in light of the criteria outlined in Chapter 17.124.040 (Conditional use permits and conditional use structure permits) of the City of Hamilton’s Municipal Code.

1. Is the conditional use consistent with the intent of Title 17 (Zoning)?

The review for the first criterion was done in light of the individual purposes and intents of Title 17 (17.040.030), which are attached to this report. Among other things, these requirements are intended to preserve and develop the economic base of the community, provide for safety from fire and other dangers and promote the public health and general welfare of the community.

The subject property, also known as the “Peterson Block,” was built in 1911 and is home to two businesses, a barber shop and the smoke shop. The current smoke shop has been in operation since about October 25th, 2020. The building is located on a mixed-use block composed primarily of commercial uses characteristic of downtown business districts. The closest residential uses are upstairs apartments located on the same block of the subject property. The closest exclusively residential neighborhoods are located roughly five blocks from the subject property.

The shop sells pipes, water pipes, vaporizers, jewelry, and glass art. The shop is open from 11:00 AM to 7:00 PM, Mondays through Saturdays. Business catering to adult audiences have a long history on Main Street, as the building where the smoke shop currently sits historically housed a liquor store, billiard parlor, bar, and card room.1 Downtown Hamilton has also been home to tobacco shops in the past with no documented detrimental impacts. Within two blocks of the subject property there are seven businesses where patronage is limited to persons over the age of 18.

The presence of this smoke shop and glass art studio in Downtown Hamilton conforms to or advances the following goals of Hamilton’s growth policy:

• Promote retail uses on first floor of buildings on Main Street to create an uninterrupted shopper traffic for shops on Main Street.

• Promote events that contribute to the lively atmosphere of downtown and attract customers and residents to the area.

Staff did not identify any conflicts with the purposes and intents of Title 17.

1 A Walking Tour of Historic Downtown Hamilton. 2006. https://mhs.mt.gov/Portals/11/shpo/docs/Hamilton.pdf

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https://mhs.mt.gov/Portals/11/shpo/docs/Hamilton.pdf

Criterion #1 Conclusion: The proposed conditional use for the operation of a smoke shop in the CBD where patronage is limited to individuals over 18 is consistent with the intent of Title 17 as it will allow for continued operation of a business that is similar to adjacent businesses and in line with the growth policy’s goals to encourage a vibrant and mixed-use downtown. Additionally, approval of the conditional use permit will allow for the property owner and applicant to continue to contribute to the economic base of Hamilton.

2. Is the use or structure detrimental to the health, safety, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city?

The subject property is occupied by a mixed-use building constructed in 1911. The property is located in the historic downtown commercial core of Hamilton, near the intersection of Main Street and Highway 93. The store has been operating since about October 25th, 2020, and has not generated any negative impacts thus far. There are several similar businesses that sell tobacco and similar products in Hamilton with no documented adverse impacts.

Criterion #2 Conclusion: The proposed conditional use for the continued operation of a smoke shop and glass studio in the CBD zoning district will not be detrimental to the health, safety, comfort and general welfare of persons residing or working in the neighborhood or the general welfare of the city as it will allow for a use of land similar to and compatible with surrounding mixed-use land uses. The business has not caused any harm to nearby properties or the City as a whole thus far and is not anticipated to. Staff have not identified any negative impacts associated with the proposed use in this location that would detrimentally impact public health, safety, comfort and general welfare in the City.

Recommended Conditions of Approval In granting a conditional use permit, the zoning board of adjustment may prescribe appropriate conditions and safeguards in conformity with Hamilton’s Municipal Code. Violation of such conditions, when made a part of the terms upon which the conditional use is granted, shall be deemed a violation of Title 17 of Hamilton’s Municipal Code.

1. Any construction or remodeling to the building shall meet all Hamilton zoning, building, and public works requirements.

2. Prior to any construction or remodeling, the owner and their successors shall obtain all required permits including, but not limited to public works, plumbing, electrical, and building.

3. Any change of use of the shop shall void the conditional use permit and a new conditional use permit must be applied for, unless such new use is an allowed use in the Central Business District.

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Legal Notice Legal notice was published in the Ravalli Republic on December 13th and 20th, 2020. Notice of the hearing was mailed to all property owners within three hundred (300) feet of the exterior boundaries of the area to be occupied by the proposed use on December 10th, 2020.

Public Comments As of December 15, 2020, the Hamilton Planning Department has received no public comments regarding this conditional use request.

Applicable Law This application is being reviewed as a conditional use permit request under Hamilton Municipal Code 17.124.060.

Compliance with Application Requirements Prior to forwarding to the Zoning Board of Adjustment for action, the zoning administrator has determined that this request complies with the criteria set forth in Hamilton Municipal Code Sections 17.124.030, 17.124.040, and 17.124.060.

Attachments 1. Title 17 (Zoning) Purpose and Intent 2. 110 West Main Street Conditional Use Permit Application

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17.04.030 - Purpose and intent.

A. The purpose of this Title 17 is to adopt and enforce such regulations that: 1. Are designed in accordance with the growth policy; 2. Are designed to lessen congestion in the streets; 3. Will secure safety from fire, panic and other dangers; 4. Will promote health and the general welfare; 5. Will provide adequate light and air; 6. Will prevent the overcrowding of land; 7. Will avoid undue concentration of population; 8. Will facilitate the adequate provision of transportation, water, sewerage, schools, parks and

other such public requirements; 9. Give reasonable consideration to the character of the district; 10. Give reasonable consideration to the district's particular suitability for specific uses; 11. Give reasonable consideration to conserving the value of buildings; and 12. Will encourage the most appropriate use of land throughout the jurisdictional area.

B. Further, the intent of this Title 17 is to: 1. Insure that the land uses of the community are properly situated in relation to one another,

providing adequate space for each type of development and preventing problems associated with incompatible uses;

2. Control the density of development in each area of the community so that property can be adequately served by public facilities such as streets, schools, recreation and utility systems;

3. Direct new growth into appropriate areas; 4. Protect existing property by requiring that development afford adequate light, air and privacy

for persons living and working within the municipality; 5. Improve the quality of the physical environment of the community; 6. Protect and maintain property values; 7. Preserve and develop the economic base of the community; and 8. Encourage the provision of affordable housing for households of all income levels.

C. It is also the intent of this title that it shall apply to all pending variances and conditional use permit applications, building permits and other requests and actions under this Title 17 and as it relates to other provisions of the Hamilton Municipal Code.

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City of Hamilton Public Works 920 New York Ave

Hamilton, Montana 59840

MINUTES OF THE CITY OF HAMILTON ZONING BOARD OF ADJUSTMENT MEETING

August 24, 2020

TOPICS FOR DISCUSSION:

A. Conditional Use Permit (CUP) #2020-02; 524 S. 1ST Street, Hamilton; applicant, Samantha O’Byrne, requests to add a residential dwelling on the second floor of an existing building in a B-2 District (Highway Related Business); this request falls under B-2 Zoning District section 17.74.040 (A) which allows dwellings, with the approval of a conditional use permit by the Zoning Board of Adjustment, provided they are located above the ground floor of the same building of the use allowed.

B. Conditional Use Permit (CUP) #2020-03; 114 N. 5th Street, Hamilton; applicant, Schrock Construction, requests to build a garage in a B-1 Zoning District (Local Business District) which requires approval of a conditional use permit by the Zoning Board of Adjustment.

C. Variance Permit (VAR) #2020-01;610 N. 7th Street, Hamilton; applicant, David Bryan, requests a variance from the minimum side yard setback requirement of five-foot in the Single-Family Residential District. The applicant has proposed to tear down and replace an existing garage that is two-feet from the side property line, which requires approval of a variance by the Zoning Board of Adjustment.

___________________________________________________________________

The following members were present: John Trangmoe, Sue Smith, Vivian Yang, Donna Larson 1

Shulund, and Darwin Ernst. Absent: Clayton Dethlefsen and Drew Blankenbaker. 2

3

Staff Present: Matthew Rohrbach, City Planner 4

5

Chair Ernst opened the Zoning Board of Adjustment meeting at 5:35 p.m. 6

7

Amendments to the existing agenda order 8

Vivian Yang made a motion to approve the agenda as presented. Seconded by Donna Shulund. 9

Motion carried. 10

11

Comments from the public on items not on the agenda 12

Kent Barbian made comments regarding the Bitter Root Humane Association appeal meeting 13

that took place on June 22, 2020 and about the Zoning Board of Adjustment decisions. 14

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Zoning Board of Adjustment – August 24, 2020 Page 2 of 6

Disclosure of potential conflicts of interest for items on agenda 15

None. 16

17

Unfinished business 18

None. 19

20

New Business 21

A. Conditional Use Permit (CUP) #2020-02; 524 S. 1ST Street, Hamilton; applicant, 22

Samantha O’Byrne, requests to add a residential dwelling on the second floor of an 23

existing building in a B-2 District (Highway Related Business); this request falls under 24

B-2 Zoning District section 17.74.040 (A) which allows dwellings, with the approval of 25

a conditional use permit by the Zoning Board of Adjustment, provided they are 26

located above the ground floor of the same building of the use allowed. 27

28

Chair Ernst opened the public hearing at 5:45 p.m. to hear CUP 2020#02; 524 S. 1st Street, 29

Hamilton. 30

31

Staff Comments: 32

Matthew Rohrbach stated this request is for a second story residential dwelling unit. This 33

property is zoned Highway Related Business (B-2) which dwellings allowed with a conditional 34

use, provided they are located above the ground floor of the same building of the use allowed. 35

The existing building is two stories and was originally constructed as a single-family residence, 36

with bedrooms upstairs and kitchen downstairs. Converting the second story to a residence will 37

require interior remodeling including the addition of a kitchen or kitchenette. There are several 38

off-street parking spaces currently being used to the rear of the property, the exact number of 39

which is dependent on whether legal access through MRL property has been established. If 40

legal access is established the subject property would have approximately eight off-street 41

parking spaces on the entire property depending on parking layout. If legal access is not 42

established there would be approximately four to five off-street parking spaces with one on-43

street parking space available for residential use on the property’s frontage on DeSmet Street. 44

The second story dwelling would require two parking spaces, one would have to be off-street, 45

and a ground floor retail space would require a minimum of three spaces, for a total 46

requirement of four off-street parking spaces. Even without the establishment having legal 47

access from MRL, the subject property has sufficient parking to accommodate a second story 48

dwelling unit and a ground floor retail space. Off-street parking requirements would change 49

the ground floor were occupied by commercial use other than retail. 50

51

Staff is recommending approval of CUP 2020-02 with the following conditions: 52

1. Construction of the second story dwelling unit shall conform to all Hamilton zoning, 53

building, and public works requirements. 54

2. Prior to a certificate of occupancy being issued the owner shall place signs designating 55

at least one off-street parking space for resident use. 56

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3. Prior to any construction or remodeling, the owner and their successors shall obtain 57

all required permits including, but not limited to public works permit, plumbing, 58

electrical, and building. 59

4. The owner shall be required to ensure any and all contractors are made aware of all 60

listed requirements, permits, and regulations required of them. 61

5. The owner shall provide all contractors a copy of these requirements to ensure 62

compliance with conditions are met. 63

6. The ground floor of the existing structure shall not be used as a residential dwelling. 64

7. Any change of use of the second story shall void the conditional use permit and a new 65

conditional use permit must be applied for, unless such new use is an allowed use in 66

the Highway Related Business District. 67

68

Applicants Presentation: 69

Samantha Bryne described the issues of renting the upstairs space for office use; she has a couple 70

of interested people who like the idea of a residence on the top floor; all the conditions are 71

reasonable and can be accommodated. 72

73

Public Comments: 74

No public comments. 75

76

Chair Ernst closed the public hearing at 5:55 p.m. 77

78

Board Comments 79

Vivian Yang having reviewed and considered the staff report, application materials, public 80

comment, and all information presented, hereby adopts the findings presented in the staff 81

report for application CUP 2020-02 and move to approve the 524 South First Street Conditional 82

Use Permit application with conditions 1-7 as set forth in the staff report. Seconded by Donna 83

Shulund. Vote by roll call. Motion carried. 84

85

John Trangmoe, Aye 86

Darwin Ernst, Aye 87

Sue Smith, Aye 88

Vivian Yang, Aye 89

Donna Larson Shulund, Aye 90

Clayton Dethlefsen, Absent 91

Drew Blankenbaker, Absent 92

93

B. Conditional Use Permit (CUP) #2020-03; 114 N. 5th Street, Hamilton; applicant, 94

Schrock Construction, requests to build a garage in a B-1 Zoning District (Local 95

Business District) which requires approval of a conditional use permit by the Zoning 96

Board of Adjustment. 97

98

Chair Ernst opened the public hearing at 6:01 p.m. to hear CUP 2020#04; 114 N 5th Street 99

Hamilton. 100

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101

Staff Comments: 102

Matthew Rohrbach stated this conditional use permit request is to construct a detached garage 103

in the rear yard at 114 North 5th Street. The subject property is currently used as a single-104

family residence and is zoned Local Business District (B-1). In the B-1 District accessory 105

buildings are a conditional use. The new garage will replace two existing sheds and will be open 106

to the alley to the east. While the property is used as a single-family residence, it is considered 107

a legal non-conforming use, as ground floor residential is not a permitted use in the B-1 district. 108

109

Staff is recommending approval of CUP 2020-03 with the following conditions: 110

1. Construction of the garage shall meet all Hamilton zoning, building, and public works 111

requirements, including those for setbacks and lot coverage in the B-1 zoning district. 112

2. Prior to any construction or remodeling, the owner and their successors shall obtain all 113

required permits including, but not limited to public works, plumbing, electrical, and 114

building. 115

3. The owner shall be required to ensure any and all contractors are made aware of all listed 116

requirements, permits, and regulations required of them. 117

4. Any change of use of the accessory building shall void the conditional use permit and a 118

new conditional use permit must be applied for, unless such new use is an allowed use in 119

the Local Business District. 120

121


Applicant stated the garage will be used for personal use of the property owner. Garage will have 123

the same color roof and siding as the house on the property. 124

125

Public Comments: 126

None. 127


129

Board Comments 130

John Trangmoe having reviewed and considered the staff report, application materials, public 131


report for application CUP 2020-03 and move to approve the 114 North 5th Street Conditional 133

Use Permit application with conditions 1-4 as set forth in the staff report. Seconded by Sue 134

Smith. Vote by roll call. Motion carried. 135

136



Sue Smith, Aye 139

Vivian Yang, Aye 140




144

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C. Variance Permit (VAR) #2020-01;610 N. 7th Street, Hamilton; applicant, David 145

Bryan, requests a variance from the minimum side yard setback requirement of five-146

foot in the Single-Family Residential District. The applicant has proposed to tear 147

down and replace an existing garage that is two-feet from the side property line, 148

which requires approval of a variance by the Zoning Board of Adjustment. 149

150

Chair Ernst opened the public hearing at 6:24 p.m. to hear VAR 2020#01; 610 N. 7th Street, 151

Hamilton. 152

153

Staff Comments: 154

Matthew Rohrbach stated the applicant has applied for a variance from the five-foot side yard 155

setback requirement in a Single-Family Residential District. The property is a single-family 156

residence is on a 6,300 square foot lot, with a side-loaded garage facing 7th street and rear garage 157

facing the alley. The existing sideloaded garage is built on a concrete slab two-feet from the side 158

property line to the north. The applicant has indicated the garage has deteriorated and would 159

like to tear it down and construct a new garage on the existing concrete slab, maintaining the 160

existing two-foot setback. 161

162

Staff approves the variance request with the following conditions: 163

1. Excepting the relief from the side-yard setback provided by this variance, reconstruction 164

of the garage shall conform to all Hamilton zoning and building code requirements, 165

including the requirement for a 2-hour rated firewall. 166

2. The relief from the side setback provided by this variance shall apply only to the 167

reconstruction of the garage on the north side of the existing residence. 168

3. The reconstructed garage shall not occupy a larger footprint than what is in place at the 169

time of application for this variance. 170

4. Prior to any construction, the applicant shall obtain all required permits including, but not 171

limited to building, plumbing, and electrical. 172

5. The owner shall be required to ensure any and all contractors are made aware of all listed 173

requirements, permits, and regulations required of them. 174

6. The owner shall provide all contractors a copy of these requirements to ensure 175

compliance with conditions are met. 176

177


Applicant informed the Board that he would being using the concrete slab and footing under the 179

current garage so there would be no change in the footprint of the building. 180

181

Public Comments: 182

None. 183

184


/ / / / 186

187

/ / / / 188

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Board Comments 189

Sue Smith having reviewed and considered the staff report, application materials, public 190


report for application VAR 2020-01 and move to approve the 610 North 7th Street variances 192

with conditions 1-6 as set forth in the staff report. Seconded by Donna Shulund. Vote by roll 193

call. Motion carried. 194

195



Sue Smith, Aye 198

Vivian Yang, Aye 199




203

Approval of minutes from previous meeting; 204

John Trangmoe moved to approve the February 18, 2020 minutes as presented. Seconded by 205

Sue Smith. Vote by roll call. Motion carried. 206

207

Donna Shulund moved to approve the February 24, 2020 minutes as presented. Seconded by 208

Vivian Yang. Vote by roll call. Darwin Ernst abstained. Motion carried. 209

210

John Trangmoe moved to approve the June 22, 2020 minutes with correction to line 65-change 211

to Chenney. Seconded by Donna Shulund. Vote by roll call. Motion carried. 212

213

Non-agenda items: topics for consideration - None 214

215

Schedule meetings: 216

None. 217

218

Sue Smith moved to adjourn. Seconded by Vivian Yang. Motion carried unanimously. Meeting 219

adjourned at 5:51 pm. 220

221

222

___________________________ ______________________________ 223

Tamara Rupp Darwin Ernst 224

Secretary Chair 225

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city of hamilton zoning board of adjustment meeting

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