06-12-777-12-77
Minutes approved.
Public Hearing:
Iver & Amanda ;
Tollefson, R-2 Res.
to R-5 Res.
A meeting of the -Kalispell City -County Planning Board was
held on Tuesday;.July.12,,1977 at.7;30 p.m. in the Flathead
County Health Service Center Meeting Room, 723 5th, Avenue East,
Kalispell, Montana.
Members Present;
Fran 011endike
Charles L. Hash
Ray Lybeck
Walter. A. Griffin Jr.
Garmen Meadows
W. J. Lupton
Others Present-,
1 APO Staff Representative
20. Guests
The.meeting was called to -order at 7;45.by.Acting President
Fran.011endike.
Garmen Meadows moved that the Minutes of June 14, 1977
be approved as mailed; seconded by Ray Lybeck-, Motion carried.
Pursuant.to Public Notice published June 27., 1977 in the Daily
Interlake, a public hearing by the Kalispell City --County
Planning Board, Acting as the Zoning Commission, was held on
the petition for a zone change from R-2 Residential to
R-5 Residential by Iver and Amanda Tollefson.
Acting President Fran 011endike opened the public hearing and
asked Jane Lopp of the A.P.O. Staff to review the request.
She briefly explained the location,..existing uses and zoning.
She said that the purpose of the zone change request was
to remedy the Tollefson's violation of the Scenic Tract Zoning
Regulations. Public comment followed Letles,- from
Mrs. Gerald March and Mr, and Mrs. Ron Martin .in opposition
to the zone change were read. Mrs. Amanda Tollefson stated
that she didn't see a map of .the Zoning District and that one
more .mobile home wouldn't hurt. Mr. and Mrs. Roy Hasinger
said that they had no objection..to Erling Svennes! mobile
home on the Tollefson property; but didn't -want a 40 acre
mobile home.parkacross the road. Mrs, Hasinger said she
didn't know it was zoned. Don Hoss questioned the legality
of requesting a zone change while continuing -the violation
and whether granting this zone change would constitute
spot zoning. Stating that he was concerned with the lot size
permitted in an R-5 zone, Morris Brenden questioned.whether
approval of this zone change would be a precedence
for other requests. Darlene Jump and Janet: Richmond opposed
the zone change and expressed concern about the density
permitted in an R-5 zone and uses that are not permitted
in R-2.. Mrs. Marsh reiterated her opposition. Erling Svennes
submitted a petition asking for a zone change from Tract 3A
to R-5 Residential but .with 1/2 acres minimum lot size
rather than the 5,400.sq. ft..allowed in the Flathead County
Zoning Regulations, which was ready by -Acting President Fran
011endike. Garmen Meadows questioned -what precedent the
Zoning Commission would be setting in recommending approval,
whether such a change constituted spot zoning and asked
that.the petition be clarified as it could be. interpreted
to refer to.110 ft.,,all of Tract 3A.or the entire R-2 Zone,
Jane Lopp explained that.the.-Staff published notice for
Tract 3A.because the signatures were valid for only
that Tract.., Charles Hash asked Mr. Svennes his intent and
he replied the entire R-2 District. Mr. Svennes stated that
he had a septic permit at which time Charles Hash suggested
closer cooperation between the APO and Sanitarian.
However,'Jane said that a new form for septic system
application had been approved that afternoon by the County
Board of Health, that will assist in cooperation.
alt Griffin pointed out that Svennes" septic permit
as null -°,and void, referring to Chapter 6.01 of the
Flathead County Zoning Regulations
After the hearing was closed, Ray Lybeck said he was opposed
to changing the entire R-2 District and moved that action
e postponed for clarification of the petition in regard to
the exact property to be included in the Zoning Commission.!s
review of the request; seconded by Garmen Meadows: motion
icarried. (5-0,:Charles Has abstained)..
Zoning Criteria. After discussing criteria for reviewing zone change requests,
Charles Hash suggested.that the County Attorney be
consulted for an opinion regarding spot zoning. He also
suggested that the County Attorney meet, with the Zoning
Commission. Draft procedures for the Zoning Commission were
]so reviewed and discussion will continue at the next
meeting.
At 10:50 Charles Hash moved that the meeting be adjourned;
seconded by Bill Lupton: motion carried.
[PRESIDENT
ee/7-22-77
2,
SECRETARY
We the undersigned, members .of.the.KaliSpell.City=County.Plannipq Board,
do hereby waive notice of meeting and.consent.that. a meeting.of the Board be.
held Tuesday, July .12.,.1977, at 7 30.p.m. in the,.Flathead.County Courthouse
East, Meeting Room, 723'.5th.' Avenue E., Kalispell, Mt,.
KALISPELL CI,TY,COUNTY..PLANNING BOARD
q L / /I Z1191 �
BOARD OF COUNTY.COMMISSIONERS