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CUP DOS Apartments/Garage1999131)A4tG City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: DOS Apartments of Kalispell Blue Spruce Lane Kalispell, MT 59901 CURRENT OWNERS: Bill Schottelkorb, Ivan O'Neil and Craig Denman DOS Apartments of Kalispell Blue Spruce Lane Kalispell, MT 59901 LEGAL DESCRIPTION: Construction of 10 garage units in a single structure within the Birchwood Apartment Complex, located on the northwest corner of the intersection of 18th Street East and Sth Avenue East, Kalispell, and further described as a portion of Assessors Tract 5-27 in Section 17, Township 28 North., Range 21 West, P.M.M., Flathead County, Montana. Kolum RA-1, Residential Bill Schottelkorb, owner of the DOS Apartments, applied to the City of Kalispell for a conditional use permit to construct 10 garage units in a single structure within the Birchwood Apartment Complex. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on March 9, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to five 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-99-2 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct 10 garage units in a single structure within the FI y P-- 10 199913iJay6 2. The permittee shall continue to comply with all conditions of approval contained in the permit issued to the Birchwood Apartments in September 1992, except as modified by these conditions. 3. The garage structure shall be located in such a manner as to maintain a minimum of a ten (10) foot setback from the existing 24 foot interval travel surface. 4. No portion of the proposed garage structure may extend to within five (5) feet of a side boundary property. 5. The garage unit shall be consistent with the surrounding architecture of the apartment complex. 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 .J day of , 1999. wm s .bohDr*i . Wm. E. Boharski Mayor STATE OF MONTANA ) ss County of Flathead ) On this S day of y"`—_, 1999, 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. •,•II II I,A , Notary Public, State of Montana plA l ; Residing at Kalispell, MontaAa ° My Commission Expires AL ra i .. �: Q� � = Ccurrry of Plat6 uaad �S3 2 1 hwoI ly c r lfy :I t in u m art to �hh r,, ..- a ;s Halo in Q J � J � � � N ti,c u 1 I � ' G • ICdlat Ri r� ty County,� , o� (Y..v STATE OF MONTANA, 1 )] ss County of Flathead Recorded at the request of ✓ - this I I day of 19 at �� cU o'clock?M and recorded in the records of Flathead County, fate of Montana. )t Fee $_'�� Pd. 9991n a ` 10 Flathead County Clerk and Reco r) RECEPTION NO. n 1-C' 1;7cYrt"Zwil -P?Q ?7