Mayor: No bias on variance denial

Woman seeks zoning variance for jewelry business

With the impending closure of Hall’s Jewelry store, an employee of the store has hopes of buying the remaining inventory and opening her own store.

Helen Clark-Barr, 54, has worked in the jewelry business for 35 years, the last 12 at Hall’s Jewelry at 415 W. Ninth St., which will close at the end of the year.

Because she cannot afford the lease of the store’s current location, Barr has asked City Council members to grant her a zoning variance so she might move the store into thevacant home at 719 Idaho, which is located across from the former Asa Wood Elementary School.

“I’d like to stay here (at Hall’s current location), but I just can’t afford the $1,400 (a month) rent,” Barr said. “Where I want to go, right across from the school, rent is just $350, which I can afford.

“I just think Libby needs this kind of jewelry store,” Barr said. “If we close, there won’t be one.”

Barr seeks to move the business in the home owned by Hall’s Jewelry store owner Greg Hall.

City Council members last Monday, cited a Montana Supreme Court ruling that City Attorney Jim Reintsma said prohibits the granting of a commercial variance into a residential area.

   The City Council voted to decline Barr’s variance request. However, Councilman DC Orr made a motion to grant the variance, but the motion died for lack of a second.

   “I think it’s wrong,” Barr said. “I can tell you of other businesses that were granted (zoning) variances. Why now do they decline my request?”

   Answering her own question, Barr said she was told the City Council is trying to force her to take her shop to Mineral Avenue, the city’s main business district where there are vacant buildings.

   That’s just not so, said Libby Mayor Doug Roll.

   “We are trying to follow the letter of the law,” Roll said Friday at the Libby Christmas tree lighting.

   “We were wrong before to grant those variances,” Roll said. “We were given some incorrect information. We’re trying to correct that now.”

   As for taking the business to Mineral Avenue, Barr said the issue comes to rent and a suitable site.

   “We (Hall’s Jewelry) were there before,” said Barr.

   “She’s right,” perked up Hall, who was within ear-shot. “We used to be there, but we moved out because of the building. It would cost between $20- and $40,000 to renovate,” said Hall, who admits it was then he found his current location on Ninth Street.

  Barr said when she asked to be put on the City Council agenda to seek the variance, she was told it was a formality. “This Council person told me it would pass, so I sent ahead and had my business cards printed. Well, it didn’t pass,” Barr said questioning whether she will be able to use the cards that tout “Helen’s Jewelry, LLC, at 719 Idaho.”

   Asked who the City Council member is who gave her that advice, Barr declined to say on the record.

   Still, Barr is not giving up yet.

   “I’m going to find out which businesses have been granted variances, and ask for the same,” Barr said. “All I want is to be treated fairly, the same as everyone else.”

   Hall also has sought approval from both neighbors at the 719 Idaho location.

   “I’ve got written approvals from both residents of the corner location,” Barr said of Brian Miller at 415 Idaho and Shane Remp at 312 W. Eighth St.

   Mayor Roll said getting neighbors’ approval was a requirement previously.

   “The law is made to protect the integrity of the residential areas,” Roll said.