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CUP Maw-McDonald/Apartment4 2002043 City of Kalispell P. 0. Box 1997 �J Kalispell, Montana 59903-1997 �T GRANT OF CONDITIONAL USE �\ APPLICANT: Steven C. Maw PO Box 7394 Kalispell, MT 59904 Callen D. McDonald 29656 Coffman Beach Road Rocky Mount, CO 65072 LEGAL DESCRIPTION: Construction of a four -unit apartment building, further described as Parcel A of COS 14785 (Assessor's Tract 23KB) in Section 8, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: RA-1, Low Density Residential Apartment Steven C. Maw and Callen D. McDonald have applied to the City of Kalispell for a conditional use permit to construct a four -unit apartment building in the RA-1, Low Density Residential Apartment zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 15, 2002 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 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-01-8 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct a four -unit apartment building in the RA-1, Low Density Residential Apartment zoning district subject to the following conditions: 2002043 1 1pq-,�)O SECTION I. 1. The proposal will be developed in substantial conformance with the approved site plan and other application materials. The conditions associated with this permit shall be met prior to occupancy of the apartment building. 2. That the parking lot be redesigned to meet the required setback requirements with suitable ingress and egress not to exceed 24 feet 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. S. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access areas in accordance with their recommendations. 6. That sidewalks shall be installed within the right-of-way along California Street with a landscape buffer that separates the sidewalk from the street. 7. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of authorized activity 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 4th day of Februar , 20 2. Pamela B. Ke edy Mayor STATE OF MONTANA ) ss County of Flathead ) 20020431 tpga0 On this 6 — day of February, 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. STATE OF MONTANA, l County of Flathead )} ss Recorded the request of - h y I-1� this iday of 20 � f i Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 3ta % OS Orv,. Gr+ 'y WI ll,¢Yd`ud 5� It?ie'ey n;r"i?y tha? rho hl!-,a nz; l to tfllic 31h!s G9,ffqiCPt0 is Nlii;esero r J�uyz c cat i ji—A Couniy, b9on �fiw by Cleric o'clock and recorded in the record g Flathead County, State of Montana. Fee $ I - Pd. � d.( o L 20020 A 3 t I nl+ uT-,� (Flathead County Clerk and Reco r)