No ‘conditional variance’ for new Libby jewelry store

Libby Montana News Archive

LibbyMt.com > News > November 2011 > No ‘conditional variance’ for new Libby jewelry store

No ‘conditional variance’ for new Libby jewelry store
by Duane Williams, KLCB-KTNY Radio
November 22, 2011
The Libby City Council took a pass on the request by Helen Clark-Barr to grant a "conditional variance" for the establishment of a new jewelry store.

The proposed jewelry store would be located in a residential area across the street from the Asa Wood School in a house owned by Greg Hall.

The city has on occasion issued such a "conditional variance", but has recently been put on notice there is no such thing. The original intent was to allow residents to operate businesses from their home within residential areas, but only for that specific business, and only until the business owner closed the business at which time the variance was vacated. The "conditional variances" did not attach to the property. A variance is a land use determination and under State law a proper variance does attach to the property into perpetuity.

There is Supreme Court case law that says the practice of issuing "conditional variances" is not legal.
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Story by Duane Williams, KLCB-KTNY Radio, www.todaysbestcountryonline.com e-mail: klcb@frontiernet.net.

LibbyMt.com > News > November 2011 > No ‘conditional variance’ for new Libby jewelry store

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