Ordinance 1849 - Zone Change - MussoORDINANCE NO. 1849
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE (ORDINANCE NO. 1677), BY ZONING CERTAIN
REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS A PORTION OF LOT I OF
BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL, MONTANA, ACCORDING
TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF
THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, AND MORE
PARTICULARLY DESCRIBED ON EXHIBIT "A" (PREVIOUSLY ZONED COUNTY R-1)
TO CITY R-4 (RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH
POLICY PLAN — IT 2035, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Sarah and Alexander Musso, the owners of the property described above, petitioned
the City of Kalispell that the zoning classification attached to the above described
tract of land be zoned R-4, on approximately 0.17 acres of land; and
WHEREAS, the property is located at 904 8th Avenue West; and
WHEREAS, Musso's petition was the subject of a report compiled by the Kalispell Planning
Department, Staff Report #KA-20-03, dated September 2, 2020, in which the
Kalispell Planning Department evaluated the petition and recommended that the
property as described above be zoned R-4, Residential, as requested by the petition;
and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as
described R-4, Residential, the City Council finds such initial zoning to be consistent
with the Kalispell Growth Policy Plan -It 2035 and adopts, based upon the criterion
set forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of County
Commissioners Etc. 590 P2d 602, the findings of fact of KPD as set forth in Staff
Report No. KA-20-03.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance (Ordinance No. 1677) is hereby amended by designating the
property described above as R-4, Residential, on approximately 0.17 acres of
land.
SECTION 2. The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION 3. This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL THIS 19TH DAY OF OCTOBER, 2020.
Mark Johnson\,-)
I ATTEST: lspk Mayor
OIPA'r,,c
Aijee Brunckhorst, CMC
City Clerk
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EXHIBIT "A99
THAT PART OF LOT I OF BLOCK 13 OF HIGH SCHOOL ADDITION TO KALISPELL,
MONTANA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN
THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA,
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE WESTERLY
ALONG THE NORTH BOUNDARY LINE OF SAID LOT 1, A DISTANCE OF 150.00 FEET;
THENCE AT RIGHT ANGLES SOUTHERLY, A DISTANCE OF 50.00 FEET; THENCE AT
RIGHT ANGLES EASTERLY AND PARALLEL WITH THE NORTH BOUNDARY OF SAID
LOT 1, A DISTANCE OF 150.00 FEET TO AN INTERSECTION WITH THE EASTERLY
BOUNDARY LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID EASTERLY
BOUNDARY OF LOT 1, A DISTANCE OF 50.00 FEET TO THE TRUE POINT OF
BEGINNING.