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Bergen LLC/Speakeasy Casino KM BldgReturn to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 APPLICANT: 11111111 IN Page: 1Dof 2 S0 Debbie Pierson, Flathead County MT by SM 2/18/2022 2$29 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Bergen, LLC 829 Highland Dr Whitefish, MT 59937 LEGAL DESCRIPTION: Lots 1-12, Block 56 of the Kalispell Original Townsite, according to the map or plat thereof on file and of record in the Office of the Clerk and Recorder of Flathead County, Montana ZONE: B-4, Central Business The applicant has applied to the City of Kalispell for a conditional use permit to allow an accessory casino within the B-4 (Central Business) zone. It is proposed to be located in a new bar in the basement of the KM Building at 29 3rd Street East. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on January 11, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to five (5) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-21- 09 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow an accessory casino in a new bar at 29 3rd Street East in the B-4 zoning district, subject to the following conditions: 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Prior to occupancy, the applicant shall apply for a building permit through the City of Kalispell Building Department to review the proposed addition and improvements. 4. The accessory casino area shall be separated from the bar area with a floor to ceiling wall and door that provide both a visual and noise barrier. The following design elements on the exterior of the building as well as exterior signage are prohibited: (1) any terms such as gaming, gambling, cards, dice, chance, etc.; (2) any reference to any associated activity or any symbols or words commonly associated with gaming; (3) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site; and (4) neon lighting. Dated this 7th day of February, 2022. Mark Johnson Mayor STATE OF MONTANA ss County of Flathead ) On this I — day of r , 2022 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City of K ispell, 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. N4y Public, State of Montana BRUNCK110RS7 UNC¢� AIMEE NOTARY PUBLIC for the State of Montana .a OTARIAL ;* SEAL Residing at Montana ?� OfMO`�P\ Lakeside, MY Commission Expires 24 �` December