09-15-81 Zoning CommissionKALISPELL CITY ZONING COMMISSION MINUTES
September 15, 1981
Members Present:
Jack Heller, Chairman
Ron Nance
Norma Corbitt
Ann Smith
Others Present:
Jim Mohn, Senior Planner
Northridge Heights Meeting was called to order in the Kalispell City
Church of God Hall at 7:30 P.M. by Chairman Heller. The Board
Zone Change considered a request by the Northridge Heights Church
Request of God for an amendment to the Official Zoning Map
of the City of Kalispell for a change in zoning class-
ification from R-1 to B-2 on property described as
follows:
The northernmost 21,246 square feet of Lot 3,
Block 9, Northridge Heights Section 3, Addition
No. 15; West of U.S. Highway #93 and North of
Northridge Drive.
F.R.D.O. Recom- Mohn stated the basis of the request was "the desire
mends Denial to sell for an attractive business..... the requested
site with highway frontage more favorable to a busi-
ness than to a residence." Mohn stated the reasons
for the F.R.D.O. recommendation of denial were:
The Title Report and covenants reflected that uses
were restricted to residential; and a letter from
Norbert Donahue, City Attorney, advised that the
requested zone, if granted, would result in "spot
zoning". Mohn also noted that there may be a discrep-
ancy in the legal description in the report and appli-
cation, and if property was not properly described,
the covenants stating "residential use" may not apply.
Proponents Mr. Pomeroy stated the discrepancy in description
on the title report and application were due to an
error by the title company; and that the piece of
land in question is partially covenanted, but does
include provisions for professional offices. He
submitted the title insurance report covering coven-
ants and an accurate legal description.
Heller read Paragraph "B" of the covenants. Smith
reviewed lot numbers in the subject area including
vacant lots and stated covenants say there "may"
be offices.
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Pomeroy explained present land use and noted that
the F.R.D.O. said the area was primarily residential,
1 but there were not residences on the highway frontage.
Their -Contract for Sale on the property was contingent
upon the zone change and it would be used for real
estate offices, which would attract minimal traffic
and passing lanes were already on the highway.
Opposing Comments A copy of correspondence to Ann Smith, signed by
Sandra Kay Streit was entered into the minutes(see
enclosed).
Mr. H. Hafferman, 524 Parkway Drive, declared the
meeting out of order as adjacent owners had not been
formally notified. Mohn explained the procedure
of review and recommendation; including this Board's
recommendation to the City Council, and at the time
of Council consideration, public notices would be
mailed. Hafferman withdrew his point of order.
Smith stated she had notified adjacent landowners
because of the last zone, change — no input was re—
ceived, and when before the Council, 30 people showed
up with objections. She felt it unfair of this board
to hear only proponents on zone changes, and not
opposing comments.
Shelley Eckland asked if the land were sold to the
real estate office, could it be resold. Pomeroy
stated covenants were placed on the contract, and
_) would require church approval. Eckland asked if
the property was restricted to that zone and Heller
affirmed that restriction.
Eugene Johnson asked for a definition of professional
and commercial. Mohn explained zone restrictions
and some of the permitted uses included offices for
doctors, dentists, attorneys, real estate, engineering
firms, architects, CPA's and architects.
Mohn further explained either the zoning or the coven—
ants apply, whichever is the most restrictive; how—
ever; covenants were only as strong as the landowners.
Sandra Streit listed three main objections to the
proposed zone change (see letter) and stated it was
an encroachment of commercial uses on residential
areas. Pomeroy stated the Church has no plans to
sell other lots, they were only selling the northern
tip, and the rest of the property would remain with
the church. The Streit's expressed concern with
setting a precedent for further commercial properties
and road accesses. Dave Walsh concurred with the
Streit's and stated a precedent was hard to overturn.
Gene Johnson was concerned with the 10' higher eleva—
tion on the access with exhaust filtering down to
residences. They purchased land in a residential
area and expected it to remain residential.
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Heller asked if there were covenants prohibiting
_ access from Parkway Drive, would they change their
views? Streit, Hafferman and Brochmeyer stated their
opposition to a mixture of commercial and residential.
Mrs. Jack Dodd agreed with comments on spot zoning.
Motion for Denial Smith moved to deny the Church of God request for
Carried a zone change from R-1 to B-2 for the following rea-
sons: 1. The request would constitute spot zoning,
the next B-2 zone is 1/4 mile down the road, and
this is not contiguous to any other B-2 commercial
zone. 2. This will, in this Commission's view,
devaluate property. 3. Approval would contribute
to undesirable strip commercial zones along the high-
way. Motion seconded by Corbitt. Unanimous.
Amend Permitted Under new business, Mohn requested the Commission
Used in C-1 Zone to amend the list of permitted uses in a C-1 Zone
to accommodate antique stores. Heller stated second
hand stores fell into the same category. Smith read
the existing General Commercial, C-1 uses. Heller
requested a definition of antique store and cautioned
against opening this up with no controls. Smith
stated she did not like to address specifics when
its an amendment. Corbitt stated she did not want
allowances for "Junk" in residential areas. Smith
questioned allowances for outdoor displays in C-1
zones. Smith read the definition of antique and
second hand stores.
Smith moved to recommend to the City Council that
antique stores be allowed uses in C-1 zoning. There
was further discussion of antique, second hand and
trading post businesses, their allowances for outdoor
displays and their compliance with surrounding uses.
Decision Tabled Heller moved to table any decision until more facts
are available. Second Corbitt. Motion carried.
Minutes Approved Minutes of the July 14th meeting were approved.
Meeting was adjourned at 9:00 P.M.
Submitted & Attested:
Linda Tippetts
Recording Secretary
Approved:
Chairman �`