CUP Rice/Terry Tri-Plex Units40031971
APPLICANT:
LEGAL DESCRIPTION:
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
William C. Rice
5733 Highway 93 South
Whitefish, MT 59937
Ron and Merna Terry
1505 Whalebone Drive
Kalispell, MT 59901
The east 144 feet of Assessor's Tract 5-5 located in Section 17,
Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana
Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a conditional use permit to allow two
tri-plex units to be built on approximately 18,940 square feet in a RA-1, Low Density Residential
Apartment zone.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
June 10, 2003, held a public hearing on the application, took public comment and recommended that
the application be approved subject to eight conditions.
After reviewing the application, the record, the TCPO 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-03-1 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
construction of two tri-plex units in a RA-1, Low Density Residential Apartment zoning district
subject to the following conditions:
The proposal will be developed in substantial conformance with the approved site plan and
other application materials. That the conditions associated with this permit shall be met prior
to occupancy of the buildings
2. That the landscaping of the site coordinated with the City Parks and Recreation Department.
3. The proposal shall comply with the Kalispell Design and Construction Standards for water,
sewer, 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.
1 1
5. To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access
area in accordance with their recommendations.
6. That fencing be provided on the north boundary of the property.
7. That a waiver to protest the creation of a special improvement district for the upgrading of
Fifth Ave East be filed with the Flathead County Clerk and Recorders Office prior to the
issuance of a building permit.
8. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities 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 7th day of Jam, 2003.
STATE OF MONTANA
ss
County of Flathead
On this day of , 2003 before me, a Notary Public, personally
appeared Pamela 13. Kennedy, May r of t1fe 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.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires e
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