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CUP Snyder/Espresso Stand1999355 )a 150 0 City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Holly Snyder Medical Arts Pharmacy 211 Conway Drive Kalispell, MT 59901 LEGAL DESCRIPTION: Operation of a drive -through espresso stand and delicatessen in an already existing building and further described as Lot 2 of the Resubdivision of the Kalispell Medical Arts Addition No. 35. ZONE: H-1, Health Care. Holly Snyder, for Medical Arts Pharmacy, has applied to the City of Kalispell for a conditional use permit to operate a drive - through espresso stand and delicatessen in an existing building, which was formerly used as a drive -through bank. Restaurants are a conditionally permitted use in the H-1, Health Care Zone. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on November 9, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to two conditions. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-99-9 as the Council s findings of fact, and issues and grants to the above -described real property a conditional use permit to operate a drive -through espresso stand and delicatessen, in the H- 1, Health Care district, subject to the following conditions: SECTION I. The proposal will be developed in substantial conformance with the site plan and the Kalispell Zoning Ordinance. SECTION II. The conditional use permit is valid for a period of 18 months after which time if a good faith effort has not been made to 0 19993550 commence the approved activity, or show a continuous good faith effort to do so, the conditional use permit is void. DATED THIS 6TH DAY OF DECEMBER, 1999. wm.E .baha4i Wm. E. Boharski Mayor STATE OF MONTANA ) ss County of Flathead ) / On this 7 day of1999, before me, a Notary Pubic, personally appeared Wm. 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. STATE OF MONTANA, ss County of Flathead Recorded at the reques of �Lr� this � day of of �, , 19 the records of Flathead County, State of Montana. Fee $ I & — Pd. RECEPTION TO Notary Public, State of Montana Residing at Kalispell, Monta a 3 My Commission Expires 0 C'FA STATE OF A1014TANA County of Flathead „'= ""�P� city of lVA5t12fi to which this ceitllll'r)' w I harby csrtiiy that the ins?n:mant ct the original on toe in :Hi�cd la a Fc�a, car:aet rod comc,-red cci.y h o i10a 04' N Clerk � � °. Wdne, T 1 "'-i Lll-I']"% Ja of iiali NOU,ttd by a iw - Clerk at )a . 16- o'clock.( M and recorded in