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08-14-84 Zoning CommissionMembers Present KALISPELL CITY ZONING COMMISSION AUGUST 14, 1984 Members. Absent James B. Stephens, President Ed Trippet Charles Manning Virginia Sloan Others Present Jim Mohn, Senior Planner Robert Borden, Kalispell Realty Tom Jentz, Senior Planner 4 other members of the audience Nakul Verma, Planning Director CALL TO ORDER The meeting was called to order by James Stephens at AND ROLL CALL 9:45 p.m. Roll call was taken. APPROVAL OF THE MINUTES Virginia Sloan moved that the minutes be approved as O submitted. Charles Manning seconded the motion. The motion carried and the minutes were approved. REQUEST FOR ZONING Jim Mohn outlined the background on this request. RECOMMENDATION ON He stated that the City Council did not complete the TRACT 2, CERTIFICATE annexation request due to a need for a plan amend - OF SURVEY NO. 4200 ment change. Subsequently, the City Council with a.k.a. B.M.B. ADDITION the recommendation of the Planning Board did approve #138 amendments to the southern area of the Kalispell Comprehensive Plan to show the properties of the ori- ginal B.M.B. Addition as being designated as commer- cial. As of lAugust 6, 1984, the city council did pass a resolution of intent to annex parcel 2 of the original B.M.B. Addition which is the southernmost portion of the two tracts involved. The reason for tonight's action is based on a request from the City Attorney to support or reaffirm the original zoning recommendation of B-3 (General Business) for the pro- perties described as parcel 2, Certificate of Survey No. 4200. Chuck Manning asked why we aren't trying to annex the other lot containing the Federal Land Bank? A member of the audience explained that the sewer was the problem there. That area has a water prob- lem that would cause problems with the sewer. The City Council did not feel that there would be any real benefit in annexing that lot. Mohn asked Robert Borden if their property had any services now? He replied that they had water and went on to ex- plain that the only problem that they have with the B-3 zone is that his son, Bradley, wants to put in a fur dressing business in the back. He stated that fur dressing and taxidermy were the same sort of bus- iness and they seem to fit only in a B-5 classifi- cation. They do have a building permit for the pur- pose of constructing a building for the fur dressing business since it is in the county. He would like to annex and take care of that problem at the same time. He asked if it were possible that the Board could amend the list of uses for B-3 to include fur dressing and taxidermy so that it will be a conform- ing use? Jim Mohn looked it up in the Zoning Regulations and found taxidermy listed under a B-4 and a B-5 zone. To zone the area either of those zones would be a spot zoning situation based on the zoning that has been granted in that vicinity prior to now. OBorden further explained that there is no real desig- nated use as he intends to use the property. There isn't any specific zone for fur dressing. This busi- ness is related to taxidermy in that they prepare the furs for taxidermy. It is similar to tanning. It is the first step to tanning. It does not use all of the chemicalsthat tanning does. Chuck Manning pointed out that tanning was an Indus- trial 2 classification and that would be a condi- tional use. Borden further stated that it is not the same as an industry. This does not use all of the harsh chemi- cals and salts that are used in tanning. He stated that they have talked to the city. Manning stated that the city building inspector is the one who addresses the uses in various zones. Borden stated that he had talked with Petersen to- day. He stated that Petersen would recommend zoning the area B-3 and allowing the fur dressing business to be an allowed use for that district. Manning asked what the difference was between fur dressing and tanning? -2- Borden replied that in essence they are the same thing; but, when you talk about tanning, you are talking about a different process. In tanning a lot of harsh chemicals are used and quite an extensive treatment procedure that does fit the industrial use. That is not the intended use of this fur dress- ing business. Manning pointed out that in order to amend the text. of the zoning regulations, the question of whether to allow fur dressing as a use in a B-3 zone would have to come before the city council for amending. It would be more expedient to act upon the B-3 re- quest and then go through the process of amending the text of the zoning regulations. Motion Virginia Sloan moved that the commission recommed to the City Council the approval of the B-3 request with the condition that the landowners waive the right to protest to S.I.D. for adjacent road and right-of-way improvements and storm drain and sewer systems. Chuck Manning seconded it. The motion pas- sed unanimously. O r0 OLD BUSINESS None. NEW BUSINESS Manning brought up a memorandum received from Ross Planbeck of the Community Re -Development. He states that with the proposed mall coming into the area of the B.N. tracks there are some areas down there that .are presently zoned C-2 and his suggestion would be to possibly pyramid the C-2 into the CLM. This would give more latitude and flexibility of land use in that transition area. This is just something for the Board to be thinking about. Manning stated that he would bring it up again. He stated that rezoning of the area would not be required by doing this. ADJOURNMENT Virginia Sloan moved that the meeting be adjourned. The meeting adjourned at 10:15 p.m. Respectfully submitted, Ava Walters Recording Secretary -3-