CUP Tri-Star/Cellular Tower2002015 1) 176
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Tri-Star Communications, LLC
PO Box 1782
Billings, MT 59103
Flathead Industries
PO Box 1916
Kalispell, MT 59903
J,
K LEGAL DESCRIPTION: Construction of a monopole cellular communi-
cation tower between 160 and 180 feet tall on
property located on the east side of Third
(Y) Avenue WN at the end of the street, and
O further described as Lot 7, Block 28,
Kalispell Original Townsite located in Section
7, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
ZONE: B-5, Commercial/Industrial
Tri-Star
Communications,
LLC has applied to the
City of
Kalispell
for a conditional use permit to construct a
monopole
cellular
communication tower on
Third Avenue WN.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on December 11, 2001 held
a public hearing on the application, took public comment and
recommended that the application be approved subject to six
conditions.
After reviewing the application, the record, the Tri-City
Planning Office report, and after duly considering the matter, the
City Council of the City of Kalispell, pursuant to the Kalispell
Zoning Ordinance, hereby adopts Tri-City Planning Office,
Conditional Use Report #KCU-01-3 as the Council's findings of fact,
and issues and grants to the above -described real property a
conditional use permit to construct a cellular communications tower
in the B-5, Commercial/Industrial zoning district subject to the
following conditions:
SECTION I.
1. The proposal will be developed in substantial conformance
with the site plan which shall govern the location of the
tower and access.
1
2002015 1 j j 7()
2. That the City of Kalispell Building Department and the
Kalispell Fire Department shall review and approve the
building plans and fire suppression system for compliance
with the applicable building and fire codes.
3. A minimum 15 foot setback from the residentially
developed property to the north shall be maintained.
4. That the developer shall demonstrate that the height of
the structure does not exceed those as limited by the FAA
in association with the Kalispell Municipal Airport prior
to obtaining a building permit.
5. That at the time of application for a building permit for
the tower foundation, the applicant shall provide to the
Kalispell Building Department an engineer's certification
of structural safety for the tower.
6. This permit is valid for a period of 18 months after
which time it will terminate if commencement of
authorized activity has not begun. Activity can be
demonstrated by a continuous, good faith effort to secure
financing, permits, engineering and design.
A
Dated this day of 2002.
,l
Pamela B. Ken dy
Mayor
STATE OF MONTANA
: ss
County of Flathead )
On this __/4L�day of 2002, before me, a
Notary Public, personally appea ed Pamel B. Kennedy, Mayor of the
City of Kalispell, known to e to be the person whose name is
subscribed to the within instrument and acknowledged to me that she
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.
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LLJ
STATE OF MONTANA,
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County of Flathead
Recorded at the request
� yof
�
this —L day of J6
20
the records of Flathead County, State of Montana.
Fee $ ✓— Pd. /
RECEPTION %0. 200201 5 11 L7%)
RETURN TO L ,
1a
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires 2 c°5
f j ' 7 o'clock# and recorded in
(Flathead County