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CUP Wurster/Apartment Complex- - 2002192� City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Lisa M. Wurster 692 Foys Canyon Road Kalispell, MT 59901 LEGAL DESCRIPTION: Construction of a four unit apartment complex in the RA-1, Low Density Residential Apartment, zoning district, further described as amended Assessor's Tract 34 located in Section 8, Township 28 North, Range 21 West, 1 \� P.M.M., Flathead County, Montana. O ZONE: RA-1, Low Density Residential Apartment Lisa M. Wurster has applied to the City of Kalispell for a conditional use permit to construct a four unit apartment complex on approximately 18,229 square feet at the east end of Washington Street. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 11, 2002 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-02-3 as the Council Is findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a four unit apartment complex on approximately 18,229 square feet at the east end of Washington Street in the RA-1, Low Density Residential Apartment District, subject to the following conditions: SECTION I. 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. That the conditions associated with this permit shall be met prior to occupancy of the apartment building. 0 2bOO2192 d 2. That the parking lot e redesigned to meet the parking requirements and that landscaping of the lot be coordinated with the City Parks and Recreation Department. 3. The proposal shall comply with the Kalispell Design and Construction Standards for water, storm drainage, and other applicable facilities which shall be approved by the City Engineer prior to the issuance of a building permit. 4. The fire access and suppression system with regard to the location of the buildings, number and placement of fire hydrants as well as related construction be reviewed and approved by the Kalispell Fire Department. 5. To accommodate pick-up of residents by Eagle Transit Service, locate the bus stop and access area in accordance with their recommendations. 6. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 1st day of July, 2 . Pamela B. nedy Mayor STATE OF MONTANA : ss County of Flathead ) On this �� x day of July, 2002, before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 she executed the same on behalf of the City of Kalispell. _ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ��'= Nctarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Monta a� My Commission Expires 77 05 2002192 C V4-() STATE OF MONTANA ) County of Flathead ) ss City of Kalispell ) I, Theresa White, the undersigned, City Clerk of the City of Kalispell, hereby certify that the instrument to which this certificate is affixed is a true, correct and compared copy of the original on file in the office of the City Clerk of the City of Kalispell. Witness my hand and the seal of the City of Kalispell, Flathead County, Montana, this 9th day of Julv, 2002. Theresa White City Clerk STATE OF MONTANA, I ss County of Flathead Recorded at the re es[ Vof - r this day o 2040 V at o'clock the records of � ead ounty, State of Montana..� t /. , / Fee $ �— Pd. (FlatheadCountyCCoountty�,CCller/kanand RECEPTION NO. , 2002192�/"//�j A,Yi /? 4 ` • �L//1IL•lt�./_I/ � and recorded in