Lewis and Clark County Community Development and Planning

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Staff Report - Amended Plat of Lot 16A-S of the Western Hills Subdivision

ST A F F R E P O R T DATE: February 15, 2017

TO: Lewis and Clark County Commission

FROM: Jim Henry, Planner I

SUBJECT: Proposed Subdivision to be known as the Amended Plat of Lot

16A-S – Western Hills Subdivision

INFORMATION

DATE OF APPLICATION: January 4, 2017

DATE OF COMPLETE APPLICATION: January 13, 2017

DATE OF SUFFICIENT APPLICATION: January 13, 2017

REVIEW PERIOD ENDS: March 3, 2017

PUBLIC MEETING DATE: County Commission – 9:00 a.m., February 21, 2017 (Room 330 of

the City-County Building, 316 North Park Avenue, Helena, Montana)

APPLICANT: Scott Emge, PO Box 5028, Helena, MT 59604

SURVEYOR: Ries & Associates, PC, 6850 Green Meadow Drive, Helena, MT 59602

LEGAL DESCRIPTION: Lot 16A-S of the Western Hills Subdivision, located in the SW ¼ of

Section 1, T10N, R4W, P.M.M., Lewis and Clark County, Montana., Lewis and Clark

County, Montana as shown on Certificate of Survey No. 315692.

LOCATION: The subject property is located at 5940 Green Meadow Drive adjacent to the

western side of Green Meadow Drive (approximately 275 feet south of the intersection of

Sierra Road and Green Meadow Drive) (See Figure No. 1 – Location Map).

PROPOSAL: The Applicant proposes to reduce the platted building setback from 10-feet to 4-

feet along the northern boundary of the parcel, due to a 6-foot encroachment of two

accessory structures.

Lewis and Clark County Community Development and Planning

316 N. Park Ave. Room 230 Helena, MT 59623

Phone: 406-447-8374 Fax: 406-447-8398

E-mail: [email protected]

Commission Packet Re: Amended Plat of Lot - 16A-S – Western Hills Subdivision Page No. 1

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Figure No. 1: Location Map

PROJECT DESCRIPTION

A) PROPOSAL

The Applicant inherited the subject property from his father (Willam Emge) but would prefer

to sell the property, rather than keep it. The Applicant has found a buyer; however, after an

encroachment survey was conducted on behalf of the buyer’s lender, several encroachments

were discovered (See Figure No. 2 – Encroachment Inspection Exhibit). Specifically, the

survey revealed that the shop as well as the adjacent lean-to structure encroach 6-feet into the

10-foot side building the setback. Consequently, the buyer’s financial institution will not

finance the purchase of the property until the encroachments are rectified. According to the

Applicant, the Applicant’s father purchased the property in 2004 and completed construction

of the shop and the adjacent lean-to structure sometime in 2005 and was not aware of the

setback restriction at the time.


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Figure No. 2 – Encroachment Survey Exhibit


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PROPOSAL CONT.

To address the concerns of the buyer’s financial institution, the Applicant proposes to reduce

the platted 10-foot side building setback to 4-feet on a new amended plat. The Applicant has

already amended the private covenants to reflect the proposed reduction of the building

setback from 10-feet to 4-feet (Document No. 3301297). If the Applicant’s request is

approved, the existing 10-foot side building setback would be reduced to 4-feet along the

northern property line on a new amended plat (See Figure No. 2 – Preliminary Plat).

Figure No. 2: Preliminary Plat

B) PARCEL HISTORY

The Western Hills Subdivision was originally platted in 1973 along with several private

covenants. While the 1973 private covenants do call for a 10-foot side building setback, it is

not until the 1980 Amended Plat of Lot 16A – Western Hills Subdivision (which resulted in

the creation of the subject property) that the 10-foot side building setback was noted on the

plat.

Staff did conduct historical research concerning the purpose of the 10-foot building setback,

but was unsuccessful in discovering any specific information related to its purpose. The only


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bit of information Staff could find related to the building setback was in the 1980 County

Commissioner’s Approval Letter for the Amended Plat of Lot 16A – Western Hills

Subdivision. In said letter, condition number four states that “utility easements and setbacks,

as shown on the preliminary plat (i.e. 30 feet front, 10 feet side and back) be so noted on the

final plat.”

C) SIZE

The subject property consists of one 0.772 acre lot that was last surveyed on August 21,

1979.

D) PRESENT LAND USE

The property is developed with one single-family residence with a detached garage and

includes two additional accessory structures. The accessory structures consist of a shop and

an adjacent lean-to structure. Both accessory structures encroach into the 10-foot building

setback (See Figure No. 4 – Encroached Accessory Structures). There are no utilities within

the 10-foot building setback; all utilities run parallel to Green Meadow Drive. The lot is

served by an individual well, individual on-site wastewater treatment system, and utilities.

Access to the lot is provided via a driveway that connects to Green Meadow Drive.

Figure No. 3: Encroached Accessory Structures

Northeast Property

Corner

Encroached

Structures


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E) ADJACENT LAND USE

North: Single-family residential / 30-foot access easement across the southern boundary

East: Green Meadow Drive / single-family residential;

South: Single-family residential;

West: Helena Valley Irrigation Canal / single-family residential.

F) DISTANCE FROM ENCROACHED STRUCTURES TO EXISTING STRUCTURES

The average distance from the encroached structures to the nearest existing structures is approximately 175 feet.

Figure No. 4: Distance to Existing Structures

G) PRESENT AND ADJACENT ZONING

The subject property is not currently zoned.

H) COVENANTS

There were private protective covenants (Book 100 Misc., 92) that applied to the

subject property. The covenants were recorded on June 29, 1973. Number six of said

covenants was the only section of the covenants that was pertinent to this request. Number

six stated that “no building shall be located on any residential building plot nearer than 30-

feet to the front lot nor nearer than 10-feet to any side lot line.”

On January 30, 2017 an amendment to number six of the private covenants was recorded

with the Lewis and Clark County Recorder’s Office that is specific to Lot 16A-S and allows

for a 4-feet side building setback along the northern property line (Document No. 3301297).

124.26 feet

279.64 feet

221.76 feet 74.55 feet

Note: Measurements are approximate

30 foot access

easement


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I) NOTICE

A public meeting is scheduled before the County Commission on February 21, 2017. Letters

were sent to all adjacent landowners and the appropriate agencies notifying them of the

proposed Subdivision. A public notice sign was posted on the property on February 7, 2017,

and a legal ad was published in the Independent Record on February 5, 2017. As of February

15, 2017 the Community Development and Planning Department has not received any letters

or comments from the public in opposition or in support of the request.

J) PROJECT ISSUES

None

K) REQUEST FOR COMMENTS

Requests for comments were sent to the following agencies:

City of Helena, Planning Department

West Helena Valley Fire District

County Engineer

Environmental Health

Public Works, Road Supervisor

Paul Spengler

Helena Valley Irrigation District, James Foster

Steve Rock, NorthWestern Energy

Century Link, Brent Bushnell

Charter, Gary Flathers

The following comments, as summarized, were received:

Dan Karlin, County Engineer, provided a statement of “no comment”.

Frank Preskar, provided a statement of “no comment”

Doug Nisbet, Road Supervisor, provided a statement of “no comment”.

Paul Spengler, Floodplain Coordinator, provided a statement of “no comment”.

Gary Flathers, Charter, had no objection to the proposal.

Steve Rock, Northwestern Energy, provided a statement of “no comment”.


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CONCLUSIONS

The Community Development and Planning Department requested comments from both adjacent

property owners and numerous agencies regarding the proposed reduction of the side building

setback. No members of the public provided comments, nor did any of the agencies the

Department sought comments from. The proposed amended plat should not have significant

adverse impacts on agriculture, agricultural water user facilities, local services, and public health

and safety. If the side building setback is reduced as proposed, the encroachments will be

eliminated and there will no longer be a violation of the final plat or the private covenants that

have been placed on the property. If however, the proposal is denied, both structures will need to

either be completely removed or relocated outside of the platted 10-foot side building setback.


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Draft Findings of Fact - Amended Plat of Lot 16A-S – Western Hills Subdivision

AMENDED PLAT OF LOT

16A-S – WESTERN HILLS SUBDIVISION

DRAFT FINDINGS OF FACT

1. A detached shop and an adjacent lean-to structure encroach approximately 6-feet into the 10-

foot side building setback (Inspection Exhibit dated November 16, 2017).

2. This proposed amended plat does comply with all of the subdivision regulations (2016 -

Lewis and Clark County Subdivision Regulations).

3. This proposed amended plat will be required to meet certain survey requirements as outlined

in the subdivision regulations; said requirements will be reviewed at the final platting stage to

ensure all survey requirements of the proposed amended plat have been met (2016 - Lewis

and Clark County Subdivision Regulations).

4. No zoning impacts this proposed amended plat (Lewis and Clark County Zoning Districts

GIS map).

5. There were private covenants on file (Book 100 Misc., Page 692) with the Lewis and Clark

County Clerk and Recorder that impacted this proposed amended plat; however, the

Applicant has filed and recorded an amendment to the private covenants specific to Lot 16A-

S that reduces the side building setback from 10-feet to 4-feet along the northern property

line (Document No. 3301297).

6. The Amended Plat of Lot 16A-S of the Western Hills Subdivision was reviewed and

approved under the 1974 Subdivision Regulations, and there was no provision in the 1974

Subdivision Regulations that required a 10-foot building setback (1974 - Lewis and Clark

County Subdivision Regulations).

7. As a requirement of preliminary approval for Lot 16A – Western Hills Subdivision utility

easements and setbacks, as shown on the preliminary plat (i.e. 30 feet front, 10 feet side and

back) were to be noted on the final plat (County Commission Approval Letter dated April 10,

1980).

8. According to the application for the Amended Plat of 16A-S – Western Hills Subdivision,

there are no utilities lying within the side building setback along the northern property

boundary of Lot 16A-S (Amended Plat of lot 16A-S – Western Hills Subdivision Application).

9. The existing legal and physical access to Lot 16A-S – Western Hills Subdivision is obtained

via Green Meadow Drive and will not be impacted by the proposal (Amended Plat of lot 16A-

S – Western Hills Subdivision Application).

10. Utility service to 16A-S – Western Hills Subdivision will not be impacted by this proposal

(Amended Plat of lot 16A-S – Western Hills Subdivision Application).


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Draft Findings of Fact - Amended Plat of Lot 16A-S – Western Hills Subdivision

11. Staff sought comments from the public as well as pertinent agencies including the City of

Helena Planning Department, the West Helena Valley Fire District, the County Engineer,

Environmental Health, the County Road Supervisor, Paul Spengler, Helena Valley Irrigation

District, NorthWestern Energy, Century Link and Charter and either received a comment of

“no comment / no objection” or did not receive a reply at all.


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Draft Conditions Of Approval - Amended Plat of Lot 16A-S of the Western Hills Subdivision

EXHIBIT A

AMENDED PLAT OF LOT

16A-S OF THE WESTERN HILLS SUBDIVISION

DRAFT CONDITIONS OF APPROVAL

The preliminary approval is for Lot 16A-S of the Amended Plat of the Western Hills

Subdivision, located in the SW ¼ of Section 1, T10N, R4W, P.M.M., Lewis and Clark County,

Montana., Lewis and Clark County, Montana. In order to mitigate identified adverse impacts,

this approval is subject to the following conditions:

1. The final plat shall be prepared in accordance with the applicable State survey requirements

and the County Subdivision Regulations; in addition, the final plat shall graphically show and

describe the following: (Sections 76-3-102, 402, 501, 504, and 608(3), MCA; Section

8.94.3003, ARM; Chapters I.C., III.C., and Appendix D, County Subdivision Regulations);

a. the reduction of the 10-foot building setback from 10-feet to 4-feet along the northern

property boundary of Lot 16A-S.

2. Prior to filing of the final plat, the Applicant shall:

a. provide documentation showing that the Applicant is the lawful owner of the subject

property with the apparent authority to subdivide the same, and showing the names of

lien holders or claimants of record. (Section 76-3-612, MCA; Section III.C.3. and

Appendix D., County Subdivision Regulations);

3. This preliminary approval shall be in force for three (3) calendar years. At the end of this

approval period the Lewis and Clark County Commissioners may, at the request of the

subdivider, extend its approval if that approval period is included as a specific condition of a

written agreement between the governing body and the Applicant. (Section 76-3-610 and

507, MCA; Chapter III.B.14., County Subdivision Regulations).


Lewis and Clark County Community Development and Planning

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