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CUP Webster/Expansion Casino1998219 16 510 ' City of Kalispell '9�r P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: John Webster, Construction Manager Western Catering, Inc. dba Magic Diamond Casino P.O. Box 6000 Butte, MT 59702-6000 LEGAL DESCRIPTION: To allow the expansion of an existing casino located at the east end of the Kalispell Center Mall in the south end of Cavanaugh's lobby. The mall property consists of several city blocks. The property can be described as Assessor's Tract 2AB located in Section 7, Township 28 North, Range 21 West, P.M.M., Flathead County Montana. AUTHORIZED REPRESENTATIVE: Western Catering, Inc. dba Magic Diamond Casino P.O. Box 6000 Butte, MT 59702-6000 Central Business, B-4 The applicants have applied to the City of Kalispell for a conditional use permit to allow the expansion of an existing casino into space being vacated by a small art gallery. The petitioner proposes to add additional casino space along with a small kitchen and restrooms to the area. The area will contain approximately 2,800 square feet which will be altered by partitioning off various areas. There will be no significant exterior alterations. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on July 14, 1998, held a public hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City E:\wp\cup\western catering casino.wpd 1 `.. 1998219 of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-98-5 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the expansion of a casino of an additional 1,000 square feet in the B-4 Central Business zoning district subject to the following conditions: 1. That the proposal will be developed in substantial conformance with the approved plan and the Kalispell Zoning Ordinance. 2. That the proposed use comply with all local, state and federal regulations which may apply to the construction and operation of a gaming facility. The conditional use permit, herein granted, shall terminate 18 months from the date of issuance if commencement of the authorized activity has not begun. Dated this �� day of 1998. v Wm.E 16arski . Wm. E. Boharski, Mayor STATE OF MONTANA : ss County of Flathead ) On this Q3 — day ofl� ct� 1998 before me, a Notary Public, personally appeared L14illiam E. Boharski, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. E:\wp\cup\western catering casino.wpd 2 1998219 f 6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. AR/q� ,��o ` Notary Public, State of Montana S __ _ Residing at Kalispell, Montana EA�.r; My Commission Expires 5 b STATE OF MONTANA CnuntV uE Flathead 'u f7 A=corded at request or this Y °f --a �-'` dcb<k e hl ad recorded In i rem. of Flathead County, State Mou-an>. Fee b Pd. FI fi u County Clerk end Reca or OF Kq' 19981.9 jUSIU •. '•.�.� f�'i� DOCUMENT NO. _ Deputy �v GORPOrYYT RR��'��s �1 3�c ll�f •!,'Ciil!iy'of F!:^.r:":�2rJ q` SS o3-l2`I'% G.ff;X0d I -1n, ' :r ; iJ ' G . on ;Lin C. " 1'Y.tE.. z-•1 1 l Gr':.; C IVCfna�':;o;,n h7 ad Courd„ kj •ee�19 Clark E:\wp\cup\western catering casino.wpd 3