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CUP Deloris/Mini-Storage4 1999166 I S O 3 ce City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 a GRANT OF CONDITIONAL USE APPLICANT: William C. Rice Deloris Partnership Group O178 E. Blanchard Lake Road Whitefish, MT 59937 LEGAL DESCRIPTION: Construction of a 92 unit mini -storage facility, located on the north side of Appleway Drive and east of the intersection with Highway 2 approximately 1/4 mile, and further described in Exhibit "A". ZONE: - Upon annexation, will be zoned B-2, General Business. Deloris Partnership Group has applied to the City of Kalispell for a conditional use permit to construct a 92-unit mini -storage facility on property on which they have concurrently applied for annexation into the City and a zone change. The applicants have previously sought and received a zoning text amendment allowing mini -storage facilities as a conditionally permitted use in the B- 2, General Business zone. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on May 11, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to seven 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-99-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a 92-unit mini -storage facility in the B-2, General Business district, subject to the following conditions: H:\attsect\wp\cup\deloris part.wpd 1 0 0 19991F6 ISO 30 SECTION I. 1. The development of the site will be in substantial conformance with the site plan and building specifications presented in the application with regard to the location of the facility and travelways, the number, location and height of the storage units except as modified by these conditions. 2. That the travel lanes within the development be a minimum of 26 feet wide on the outside aisles and a minimum of 30 feet wide on the inside aisles. The outside aisles on the east and west shall be paved to a minimum width of 20 feet and to a minimum width of 30 feet on the inside aisles. 3. Access to the facility shall be relocated between the common boundary of the subject property and the lot to the east where the residence and barn are located. The driveway to the facility shall be paved to a minimum of 24 feet wide to the facility entrance. An approach permit shall be obtained from the Kalispell Public Works Department for the exact location of the driveway along Appleway Drive and any conditions adequately met. 4. That a sight obscuring buffer a minimum of six feet high shall be placed around the north and east boundaries of the mini -storage facility which shall be made of coniferous trees and shrubs or fencing or a combination of both. 5. That the fire access shall be reviewed and approved by the fire chief of the Kalispell Fire Department. 6. That the stormwater drainage plan shall be reviewed and approved by the Kalispell Public Works Department. 7. That the storage facility will comply with the performance standards relating to mini -storage facilities as outlined in the Kalispell Zoning ordinance specifically with regard to the use of the facilities and the type of items being stored. H:\attsect\wp\cup\debris part.wpd 2 P 19991GGISAo 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 initiate and continue work on the project, the conditional use permit is void. Dated this 1�— day of June, 1999. — W l lfihprski,-- -- Wm. E. Boharski Mayor STATE OF MONTANA : ss County of Flathead ) On this / day of , 1999, before me, a Notary Pubic, personally appea d 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. H:\attsect\wp\cup\debris part.wpd 3 Notary Public, State Montana Residing at Kalispell, Mon ana My Commission Expires 3 7 / 1999166 1150311 EXHIBIT A A tract of land located in the south half of the southeast quarter of Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, Flathead County, Montana, and more particularly described as follows: Commencing at the east one -sixteenth comer of Sections 12 and 13; thence N00°37'03'E, on and along the west boundary of the southeast quarter of the southeast quarter of said Section 12, a distance of 30.00 feet to a point which point lies on the north boundary of a 60 foot road known as Appleway Road; thence N89° 16'09"E, on and along said north boundary of Appleway Drive, a distance of 163.00 feet to the true point of beginning; Thence N89°16'09'E, continuing on and along said north boundary of Appleway Drive, a distance of 167.00 feet to a point which is southwest comer of a tract of land described in Book 469 Page 263, records of Flathead County; Then N00°37'03"E, on and along the west boundary of said tract described in Book 469 Page 263, a distance of 630.00 feet to the northwest comer of said tract described in -Book 469 Page 263; Thence S89' 16'09"W, along the south boundary of a tract of land described in Book 730 Page 457, records of Flathead County, a distance of 340.45 feet to an existing fence, as indicated on 4B's Addition No. 45, records of Flathead County; Thence SOO'41'41"W, on and along said existing fence, a distance of 409.02 feet to a point; Thence N89° 16'09'E, a distance of 174.30 feet to a point; Thence S00°41'41'W, a distance of 221.00 feet to the true point of beginning. This tract contains 4.045 acres. ' ,:- S U .:n a rt 5a: j} ss I I:�,:�_y cnrrly ;ii[4 tha insrunietf tb �Nh?oh this wr611iaata is fl;fl;rca L; 9c �„ cv;:e.ai aci ro; Gr,:;n::.:) sn;,y of iho odginal on flio in the ?iicu d; ar5 : s1 ; c1 V! ') :' of .Gr; eil. 4'7i;nwas Mp Vr ri ,%,fj 1 l c] i.i 0 Cit_, o1 Kail,,pell, P' .hn zdl County, Montana, thi, ./ d;:yc ,'I i by `712 Clerk STATE OF MONTANA, ss County of Flathead Recorded at the requ of 11� t this 11.- day of , 19 at t o'clock. M and recorded in the records of Flathead Kunty, State of Montana. r Fee $ Pd. 1999166� 5 �'30 Flalhea County Clerk and Reco r) RECEPTION NQ. . R /) 1-ce