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CUP Clark/Apartmenti I M N Q - - 2002192 a City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE;!1� APPLICANT: D. Joe Clark PO Box 418 Somers, MT 59932 LEGAL DESCRIPTION: Construction of 15 apartment units in three four-plex units and one tri-plex unit in the RA-1, Low Density Residential Apartment, zoning district, further described as amended Assessor's Tract 8J located in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: RA-1, Low Density Residential Apartment D. Joe Clark has applied to the City of Kalispell for a conditional use permit to construct three four-plex units and one tri-plex unit on 1.0324 acres on the west side of 1st Avenue West, north of 18th Street West. 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 nine 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-02-4 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct three four-plex units and one tri-plex unit on 1.0324 acres on the west side of 1st Avenue West 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. 20021920C/4 v 2. That screening and buffering be provided on the north side of the site that consists of sight obscuring fencing or landscaping or a combination of both to provide buffering and protection from the traffic, dust, fumes and visual relief. 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. G. That the project comply with the Uniform Building Code. 7. That an accurately scaled site plan be submitted prior to applying for a building permit. 8. That a sidewalk be installed within the public right-of- way along First Avenue West separated from the roadway by a landscape boulevard. 9. 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, 2002. Pamela B Kennedy Mayor w - b 2002192 o9iac) STATE OF MONTANA : ss County of Flathead ) h On this 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 Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 1-7- ST:kg. 07 t Ili NIA Cc r'Y of ,c=d }` SS C;t> of hw c l „99 v C'"wy�a 1 K.mby nc,i;fy that itio in; n to nt to which this cedHicata is `., atfixe�d is a tna, cctre�t a^,d cc��yscrai ecoy of lho argiaal en fila in the c:f so of the 1.1 of a o Ci- 0 V i -••• s y -o` Vv9-vs my hardSidi i r� a C b �f llgspoll, Fla�toad County, tylonianc .il,,,.,,1.--•:� d Y % D'� by 01•dt STATE OF MONTANA, I ss County of Flathead Recorded at the req est o this A— day of , 20, Daat the records of thead 4unty, Uate of Montana. Fee $ 60 Pd. RECEPTION XO. 2002J-%2 D % 1W County o'clock and recorded in