Staff Report - Freedom HousePLANNING FAR THE FUTURE MONTANA I"
REPORT TO: Kalispell Mayor and City Council
FROM: Sean Conrad, Senior Planner
Jane Howington, City Manager
Planning Department
201 lst Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT Conditional Use Permit for the Freedom House
1111EETING DATE: August 2 , 2 010
BACKGROUND: The Kalispell City Planning Board met on July 13thand held a public
hearing to consider a request by the Freedom House of Kalispell, Inc. to operate a clean
and sober house (The Freedom House) for men recovering from alcohol or drug addictions.
The property where the Freedom House is located is zoned R-4 (Two Family Residential) .
Clean and sober houses are not listed in the Kalispell Zoning Ordinance. However, section
27.02.050 of the Kalispell Zoning Ordinance allows the zoning administrator to determine
the appropriate classification for a use not listed in the zoning ordinance. Based on this
section of the zoning ordinance and description of the intended use of the property, the
zoning administrator has classified the use as a community residential facility requiring a
conditional use permit to continue operating the Freedom House in the Rr-4 zoning district.
The Freedom House occupies one unit of a duplex dwelling at 1128 Third Avenue West.
The property is located on the west side of the street midblock on Third Avenue West
between 11 th and 12thStreets West. The property can be legally described as Lot 4 of
Block 146, Kalispell Addition 1 located within Section 18, Township 28 North, Range 21
West, P.M.M. , Flathead County, Montana.
Kalispell Planning Department staff presented report KCU-10-4 and reviewed the proposed
site plan. Staff recommended approval of the conditional use permit subject to 2
conditions.
During the public hearing portion of the meeting Randall Marr, president of Freedom
House of Kalispell spoke in favor of the project and answered questions from the board.
One other person spoke in favor of the Freedom House. Seven people spoke against the
project or had concerns with the Freedom House. Concerns included impacts to the
parking in the area, incompatibility of the Freedom House with the neighborhood, impacts
to property values and poor communication by the Freedom House with the neighborhood.
No one else spore either for or against the project and the public hearing was closed.
During the planning board discussion there was general discussion on the nature of the
Freedom House. A motion was made and seconded to recommend approval of the
conditional use permit subject to the 2 conditions. Further board discussion included a
motion to amend recommended condition # 1 to suggest quarterly meetings for the first 2
years of operation. The motion to amend condition # 1 passed unanimously. Following the
planning board's motion to amend condition # 1, several planning board members
discussed their concerns with the Freedom. Mouse. Those concerns included the fact that
the Freedom. House is not the same classification as the other community residential
facilities the board has reviewed in the past. The Freedom house has no state affiliation;
no state licensing; no state governance; no state inspections and is totally free to do
anything, anytime, anywhere they want within the lags of the city. One planning board
member took issue with the planning board being told that they have to recommend
approval of the use permit regardless of the testimony at the public hearing. Another
planning board member expressed his concerns with the lack of oversight of the facility.
Based on this discussion the planning board voted on the main motion to approve the
conditional use permit. The motion failed on a vote of 5 to 2.
RECOMMENDATION: A motion to approve the conditional use permit with the 2
conditions as amended by the planning board would be in order.
FISCAL EFFECTS, Not applicable
Report compiled: July 27, 2010
c: Theresa white, Kalispell City Clerk
Tel 406.758.7708
Fax 406.758.7771
charbalI@kalispel1.com
Toe Kalispell City Council
Jane Howington, City Manager
FROM* Charles Harball, City Attorney
DATE, July 28, 2010
SUBJECT. Conditional Use Permit for Freedom House of Kalispell, Inc.
Freedom Douse of Kalispell, Inc. [Freedom House] has applied for a conditional use
permit in an area of Kalispell that is zoned Two Family Residential, R-4. The subject
dwelling structure is one unit of a duplex. The use is described as a residence (a clean
and sober house) for eight or fewer men recovering from alcohol or drug addiction. The
home will have a resident manager and specific "house rules" that includes a curfew
and a prohibition on the use of alcohol or illicit drugs. The penalty for violation of the
rules is immediate eviction. The stated purpose of the home is to provide a stable and
sober residential environment for men attempting to recover from alcohol or drug
addiction.
The Two Family Residential R-4 zone has the following permitted uses:
C 27-07-020 -- Two Family Residential - Permitted Nees.
Boarding house, incidental (see definition).
Daycare (family or group daycare homes).
Dwelling, duplex.
Dwelling, single-family.
Dwelling, townhouse (configuration of two (2) attached units).
Parks.
Safe houses and domestic violence shelters. (Ord. 1175, 3-19-1992; amd. Ord. 1513, 9-
20-2004; Ord. 1527, 3-21-2005)
CUP for Freedom House of Kalispell, Inc.
July 18, 2010
Page - 2
The Two Family Residential R-4 zone has the following conditionally permitted uses:
C 27-07-030 R- — Two Family Residential - Uses Which Ma be Permitted by
Conditional Use Permit.
Bed and breakfast.
Church, worship, parish, Sunday school buildings.
Community center, gym, swim pools; operated by public, quasi public.
Community residential facility for eight (8) or Fewer persons.
.Daycare center.
.Dwelling, accessory single-family.
Dwelling, townhouse (configuration of three (3) or more attached units).
.Dwellings, cluster development.
.electrical distribution station.
Family support and education center.
Foster or group homes serving eight (8) or fewer persons.
Golf courses.
Law enforcement, Fire stations.
..railroad rights -of -way.
Recreational area, noncommercial.
Schools, public, private, grades 1 through 12.
Temporary building, structure.
Water storage Facilities. (Ord. 1175, 3-19-199.2; amd. Ord. 1513, 9-20-2004; Ord. 1593,
11-20-2006)
The pertinent definitions within the Kalispell Municipal Zoning Code are as follows;
KMC 27-37-010 Deflnitions.
COMMUNITY RESIDENTIAL FACILITY: As defined per Montana Code Annotated
Section 76-2-411.
..
DWELLING, DUPLEX: A detached building designed as two (2) structurally joined
dwelling units and occupied exclusively by one Family per dwelling unit living
independently of each other, and with separate entrances.
. . .
FAMILY: One or more persons related by blood, marriage, adoption or a group of not
more than Four (4) persons excluding servants, not related by blood or marriage, living
together as a single housekeeping unit in a dwelling unit.
Office of City Attorney
City of Kalispell
CUP for Freedom House of Kalispell, Inc.
July 18, 2010
Page - 3
In the event that a proposed use does not cleanly fit within the stated permitted or
conditionally permitted uses, the city zoning administrator will determine the most
appropriate classification for that use.
A.. pppopriate Use Classification: If questions arise concerning the appropriate
classification of particular use, or if the specific use is not listed, the Zoning
Administrator shall determine the appropriate classification for that use.
B. Use Classification: In interpreting use classification, the Zoning Administrator
shall determine: that listed use, if any, which is so like the requested use in purpose,
function, character and effect as to be substantially similar- to said listed use.
Written appeal of the Zoning Administrator determination can be submitted to the
Zoning Commission, who will act on the appeal and will either uphold the
determination of the Zoning Administrator or, alternatively, determine an
appropriate classification for the use in question. The intent of this title nor the
intent of the district will not be abrogated by such classification. (Ord. 1175, 3-19-
1992)
The applicant further requested that the City provide reasonable accommodation
pursuant to the requirements of the Federal Fair Housing Act [USCA] 3004(f)(3 )(B )
which requires that reasonable accommodations be made in rules, policies, practices, or
services, when such accommodations may be necessary to afford handicapped persons
equal opportunity to use and enjoy a dwelling.
The relevant portion of the Code of Federal Regulations that defines alcoholism as a
handicap for this purpose is found at:
Title 24. Housing and Urban Development
Subpart .D Prohibition Against Discrimination Because o f Hacndicap
The purpose of this subpart is to effectuate sections 6 (a) and (b) and 15 of the Fair
Housing Amendments Act of 1988.
100.201 Definitions.
(a) .T'hysical or mental impairment includes:
Office of City Attormy
City of Kalispell
CUP for Freedom House of Kalispell, Inc.
July 18, 2010
Page - 4
(2) .Any mental or psychological disorder, such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term
physical or mental impairment includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy,
autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, Heart disease, diabetes,
Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug
addiction (other than addiction caused by current, illegal use of a controlled substance)
and alcoholism.
Based upon the above definition of Dwelling Duplex and Family, and the requested use
described by the applicant to house up to eight unrelated persons recovering from drug
addiction or alcoholism., the zoning administrator determined that a simple permitted
use of Dwelling Duplex would not be appropriate. The administrator therefore made
the determination that the most similar conditional use allowed 'within the R-4 zone
was that of a community residential facility.
Strictly spearing, the intended use does not comply with the statutory definition of a
community residential facility which is as follows:
'A 76-2- 11. Deft ninon of community residential facility. "Community
residential facility" means:
(1) a community group home for developmentally, mentally, or severely disabled
persons that does not provide skilled or intermediate nursing care;
(2) a youth Foster hone, a kinship foster home, a youth shelter care facility, a
transitional lining program, or youth group home as defined in 5 -2-�o •
, . (3) a halfway house operated in accordance with regulations of the department of
public health and human services for the rehabilitation of alcoholics or drug dependent
persons;
(4) a licensed adult foster family care home; or
(5) an assisted lining facility licensed under 50-5-227.
It does however serve some of the primary needs for the rehabilitation of alcoholics or
drug dependent persons. Further, and most importantly, the conditional use permit
procedure affords the applicant and the City the necessary process to determine the
extent to which reasonable accommodation is necessary within the residential
community it will be situated.
For the reason that this facility is not defined by MCA 76- -211 the City is not
operating under the state mandate that the use roust be permitted, or conditionally
permitted under all of the same conditions of any other residence.
Office of City Attorney
City of Kalispell
CUP for Freedom House of Kalispell, Inc.
July 18, 2010
Page - 5
MCA. 76-2-412. Relationship of foster homes, kinsh* foster homes, youth shelter
care facilities, youth group homes, community residential facilities, and day-
care homes to zoning. (1) A foster home, kinship Foster home, youth shelter care
facility, or youth group home operated under the provisions of 52-2- `21 through 52-2-
623 or a community residential facility serving eight or fewer persons is considered a
residential use of property for purposes of zoning if the home provides care on a 24-hour-
a-clay basis
(3) The facilities listed in subsections (1) and (2) are a permitted use in all residential
zones, including but not limited to residential zones for single-family dwellings.
(4) This section may not be construed to prohibit a city or county from requiring a
conditional use permit in order to maintain a home pursuant to the provisions of
subsection (1) if the home is licensed by the department of public health and human
services... .
The City does, however, have to critically consider the request being made by the
applicant for reasonable accommodation within its rules and policies under the Federal
Fair Mousing Act. The conditional use permit process is the best and most appropriate
method to consider the needs of the applicant and the concerns of the neighborhood.
The Council should consider placing any conditions on the permit that may be
reasonably met by the applicant and that will alleviate or address the reasonable
concerns being expressed by the neighborhood. The end result should be that the R-4
character of the neighborhood as described in the ordinance should be retained for the
benefit of the existing residents as well as for the benefit of the applicant.
Respectfully submitted,
Charles Harball, Ci y Attorney
Office of City Attorney
City of Kalispell
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. 0. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Freedom House of Kalispell, Inc.
PO Box 3532
Kalispell, MT 59903
LEGAL DESCRIPTION: Lot 4 of Block 146, Kalispell Addition 1 located in Section 18,
Township 28 North, Range 21 Nest, P.M.M., Flathead County,
Montana
ZONE: Two Family Residential, R-4
The applicant has applied to the City of Kalispell for a conditional use permit to locate a
clean and sober house for eight or fever men recovering from alcohol or drug addictions in an
existing home in a Two Family Residential, R-4, zoning district. The facility falls under a special
provision in the state statutes that gives them a specific "residential" status.
The Kalispell City Planning Board and zoning Commission, after due and proper notice, on
July 13, 2010, held a public hearing on the application, took public comment and recornmended that
the application be denied.
.After reviewing the application, the record, the IT'D 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 #ICT..U-10-4 as the Councils findings
of fact, and issues and grants to the above --described real property a conditional use permit to locate a
clean and sober house for eight or fever men in an existing home in a Two Family Residential, R-4,
zoning district subject to the following conditions:
1. It is suggested that Freedom. House hold a neighborhood meeting quarterly for the first two
years of operation to foster improved neighborhood relations, to increase awareness of the
operations and activities of Freedom House and to create a forum to accept neighborhood
concerns or issues in the future.
2. The Freedom House sign shall be removed within 10 days of approval of the conditional use
permit.
Dated this 2nd day of August, 2010.
STATE OF MONTANA
ss
County of Flathead
Tammi Fisher
Mayor
On this day of , 2010, before me, a Notary Public, personally
appeared Tarn.mi. Fisher, :Mayor of the 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
Printed Name:
Residing at Kalispell, Montana
My Commission Expires
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PLANNING FOR THE FARE ��21Q 7ANA www.kalislRell.cop 1p1anning
July 27, 2 010
Jane Howington, City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Conditional Use Permit for the Freedom House
Dear Jane:
The Kalispell City Planning Board met on July 13thand held a public hearing to consider a
request by the Freedom House of Kalispell, Inc. to operate a clean and sober house (The
Freedom House) for men recovering from alcohol or drug addictions. The property where
the Freedom House is located is zoned R-4 (Two Family Residential) . Clean and sober
houses are not listed in the Kalispell Zoning ordinance. However, section 27.02.050 of
the Kalispell Zoning ordinance allows the zoning administrator to determine the
appropriate classification for a use not listed *in the zoning ordinance. Based on this
section of the zoning ordinance and description of the intended use of the property, the
zoning administrator has classified the use as a community residential facility requiring a
conditional use permit to continue operating the Freedom House in the R-4 zoning district.
The Freedom House occupies one unit of a duplex dwelling at 1128 Third Avenue West.
The property is located on the west side of the street midblock on Third Avenue West
between 11 thand 1 2thStreets West. The property can be legally described as Lot 4 of
Block 146, Kalispell Addition 1 located within Section 18, Township 28 North, Range 21
West, P.M.M. , Flathead County, Montana.
Sean Conrad, with the Kalispell Planning Department, presented staff report KCU-10-4
and reviewed the proposed site plan. He recommended approval of the conditional use
permit subject to 2 conditions.
During the public hearing portion of the meeting Randall Marr, president of Freedom
House of Kalispell spoke in favor of the project and answered questions from the board.
One other person spoke in favor of the Freedom House. Seven people spoke against the
project or had concerns with the Freedom House. Concerns included impacts to the
parking in the area, incompatibility of the Freedom House with the neighborhood, impacts
to property values and poor communication by the Freedom House with the neighborhood.
No one else spoke either for or against the project and the public hearing was closed.
During the planning board discussion there was general discussion on the nature of the
Freedom House. A motion was made and seconded to recommend approval of the
conditional use permit subject to the 2 conditions. Further board discussion included a
motion to amend recommended condition # 1 to suggest quarterly meetings for the first 2
years of operation.. The motion to amend condition ## 1 passed unanimously. Following the
planning board's motion to amend condition # 1, several planning board members
discussed their concerns with the Freedom Mouse. Those concerns included the fact that
the Freedom House is not the same classification as the other community residential
facilities the board has reviewed in the past. The Freedom House has no state affiliation;
no state licensing; no state governance; no state inspections and is totally free to do
anything, anytime, anywhere they want within the laws of the city. one planning board
member took issue with the planning board being told that they have to recommend
approval of the use permit regardless of the testimony at the public hearing. Another
planning board member expressed his concerns with the lack of oversight of the facility.
Based on this discussion the planning board voted on the main motion to approve the
conditional use permit. The motion failed on a vote of 5 to 2.
Please schedule this matter for the August 2, 2010 regular City Council meeting. You may
contact this board or Sean Conrad at the Kalispell Planning Department if you have any
questions regarding this matter.
Sincerely,
Kalispell City Planning Board
John Hinchey
President
Attachments: Letter of transmittal
Staff Report #KCU-10-4 and supporting documents
Draft minutes from the 7/ 13/ 10 planning board meeting
c w/ Att: Theresa White, Kalispell City Clerk
c w/o .A.tt. Freedom House of Kalispell, Inc.
Randall Marr, President
Po Box 3532
Kalispell, MT 59903
KA�AI.::
FREEDOM HOUSE OF KALISPELL
CONDITIONAL PERMIT
is
KALISPELL CITY PLANNING BO
2010
The Kalispell City Planning Board held a public hearing on this matter at the regularly
scheduled planning board meeting on July 13, 2010. The following conditions have been
amended to reflect the actions taken by the planning board at their July 13thmeeting:
1. It is suggested that Freedom House hold a neighborhood meeting quarterly for the
first 2 years of operation to foster unproved neighborhood relations, to increase
awareness of the operations and activities of Freedom House and to create a forum to
accept neighborhood concerns or issues in the future.
2. The Freedom House sign shall be removed wig 10 days of approval of the
conditional use permit.
REPORTFREEDOM HOUSE OF KALISPELL, INC,
REQUEST FOR A CONDITIONAL USE PERMIT
kLISPELL PLANNING DEPARTMENT
STAFF
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding a
request from the Freedom Douse of Kalispell, Inc. to operate a clean and sober house
(The Freedom. House) for men recovering from alcohol or drug addictions in an R-4, Two -
Family Residential, zoning district. A public hearing on this matter has been scheduled
before the Plann* g Board for July 13, 2010 beginning at 6:00 Phi, in the Kalispell City
Council Chambers. The planning board will forward a recommendation to the Kalispell City
Council for final action.
BACKGROUND ` I N: The Freedom House of Kalispell, Inc. is requesting a
conditional use permit to operate a clean and sober house (The Freedom. House) for men
recovering from alcohol or drug addictions. Clean and sober houses are not listed in the
Kalispell Zoning Ordinance. However, section 27.02.050 of the Kalispell Zoning
Ordinance allows the zoning administrator to determine the appropriate classification for
a use not listed in the zoning ordinance. Based on this section of the zoning ordinance
and description of the intended use of the property, the zoning administrator has
classified the use as a community residential facility requiring a conditional use permit
to continue operating the Freedom House in the R-4 zoning district. Although the
Freedom house is being classified as a community residential facility for the purposes of
the Kalispell. Zoning Ordinance, the use does not need the required state licensing to
operate.
Petitioner. Freedom. Douse of Kalispell, Inc.
Randall Marr, President
PO Box 3 532
Kalispell, MT 59903
(406) 257-7718
Size and Location: The Freedom House occupies one unit of a duplex dwelling at 11.28
3rd .Avenue West. The property is located on the west side of the street midblock on 3rd
.Avenue Nest between 11 th and 12th Streets West. The property can be legally described
as Lot 4 of Block 146, Kalispell Addition 1 located within section 18, Township 28 North,
Range 21 Nest, P.M.M., Flathead County, Montana.
Figure 1: View of the Freedom House from 3rd Avenue west.
A. Summary of Request: The Freedom House is operated as a clean and sober
house which provides an environment for persons actively seeking recovery from
alcohol and other drugs. The home opened up approximately 2 months ago and
was brought to the attention of the planning department by neighbors upon seeing
a sign placed on the front of the house identifying the home as "The Freedom
House". Contact with the Freedom House and follow-up discussion led the
applicant to submit a conditional use permit to operate the home at this location.
However, the conditional use permit cannot be denied by the city council and the
public heaving is intended as a forum for information and public comment.
As part of their application the applicants retained the services of a lawyer who
submitted a letter, dated April 29, 2010 and attached to this report, on the
applicant's behalf detailing the pertinent sections of the Federal Fair Housing Act
as it applies to the proposed use. Under the Federal Fair Housing Act a city
cannot discriminate in the sale or rental of a dwelling to handicapped persons.
Specifically, the letter cites section 3604(f (3)(B) of the Federal Fair Housing Act
which defines discrimination to include " a refusal to male reasonable
accommodations in rules, policies, practices, or services, when such
accommodations may be necessary to afford such [handicapped] persons equal
opportunity to use and enjoy a dwelling." Handicapped persons are defined in the
2
Code of Federal Regulations, Title 24 Section 100.201(a) (2) to include persons with
drug addiction (other than addiction caused by current, illegal use of a controlled
substance) and alcoholism.
Therefore, under the Federal Fair Housing Act, the clty's zoning regulations are
required to provide reasonable accommodations for such uses. Because of this
requirement, no conditions may be placed on the conditional use permit that would
not otherwise apply to residences in general. Also, as stated above, the conditional
use perrn.it cannot be denied by the city council.
The conditional use permit application includes a brief summary of the operations of
the Freedom house. The Freedom house expects to have a maximum number of
eight residents at any one time. All residents are expected to be employed and are
required to be out of the house between the hours of 9:00 a.m. and 5:00 p.m. The
Freedom. House will have a volunteer house manager but will not have any paid
therapeutic or counseling staff. All residents must comply with a sober living plan
and participate in various 12 step programs to help with their addictions. There will
also be a night curfew in place and all residents must submit to an alcohol and/or
drug screening if requested by the house manager.
An addendum to the conditional use permit was submitted by the applicant
requesting a waiver to the maximum number of unrelated persons that can be
deemed a family. Currently the zoning ordinance defines a family as one or more
persons related by blood, marriage, adoption or a group of not more than four
persons excluding servants, not related by blood or marriage, living together as a
single housekeeping unit in a. dwelling. The Freedom House conditional use permit
request is to have up to eight persons with the home. The planning department has
determined the use of the home most resembles a community residential facility.
Based on the zoning ordinance definition of a community residential facility a
maximum of eight persons are allowed within the home. Therefore, since the use is
determined to be a community residential facility, it already implies that up to eight
unrelated persons may occupy the home and no waiver is needed from this definition
of the zoning ordinance.
B. Midsting Land Use and Zoning. The property is zoned R-4, 'fro -Family
Residential, and is developed with a duplex.
CO Adjacent Land Uses and Zoning: The immediate area is characterized by single-
family homes on city lots on three sides of the property. A duplex and a small
apartment complex are located north of the site. Legends field lies one block to the
south.
3
Figure 2: Aerial view of the property and adjacent properties
D. Relation to the Growth Policy: The current Kalispell City Growth Policy Map
designates this area as urban residential, which provides the basis for the R--4, Two -
Family Residential, zoning designation. Chapter 3, Policy 10 of the Growth Policy,
states that single family homes are the primary housing types in the urban
residential land use category.
E. Utilities/ Services:
Sewer service: City of Kalispell
Water service: city of Kalispell
Solid Waste: city of Kalispell.
Gas: Northwestern Energy
:Electric: Flathead Electric cooperative
4
Phone: Cen.turyLink
Police: City of Kalispell
Fare: Kalispell Fire Department
Schools: school District #5, Kalispell
EVALUATIOPa' OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria in
the Kalispell zoning Ordinance.
11 Site SuitabiliW.
a. Adequate Useable S ace: The property is 7,1 ao square feet an size and
contains an existing duplex with an attached two car garage. There is
adequate space on the site for the proposed use.
b. Ade uate Access: The property is accessed off of 3rd Avenue West, an
approximately 32 foot wide city street. The existing access is adequate to
serve the home and its occupants.
C. Environmental Constraints: 'There are no obvious environmental constraints
apparent on the property.
AppropriateD
a. EgLkin Scheme: One unit of the duplex will be used as a clean and sober
house. Since the use is considered a single family residential use per federal
later, the Kalispell zoning Ordinance requires two off-street parking spaces per
single family residential hone. The e3dsting garage and parking in front of the
garage meet this requirement. The application states that currently one
resident has a vehicle at the site and it is anticipated that the maximum
number of vehicles on the site may be four. Even at four vehicles there is off
street parking and on -street parking to accommodate the vehicles.
b. Traffic Circulation.: One to four vehicles may be present during the day and
night hours. The use of the duplex as a clean and sober house is not
expected to significantly alter current traffic circulation in the neighborhood.
C. Open Space: No specific open space requirements are required under the R-4
zoning district other than the required setbacks.
d. Fencing Screem'n Landsca in : The existing house has fencing: along the
front and rear yards. The front of the house has landscaping typical of a
residential neighborhood. No changes are proposed from the current fencing
and landscaping on the site.
e. Sign.age: In a neighborhood setting homes can typically be seen with a
placard with the surname of residents of the home. This display is not
considered a sign as a sign is def n.ed as having symbols and / or written copy
designed specifically for the purpose of advertising or identifying any
establishment, product, goods, or service.
A placard is currently displayed on the front of the house identifying it as the
"Freedom House". This placard displayed at the Freedom House is in conflict
with the city's sign ordinance. The R 4 zoning district permits signs for non--
residential uses and signs for identifying public, charitable and religious
institutions. The sign displayed at the Freedom House does not denote a
surname of the residence but contains portions of the name of the non-profit
operating the home. The applicant has requested the Freedom House be
given reasonable accommodations for their use within the neighborhood and
the use be treated as a single-family residence. In beeping with the applicants
request the planning department is recommending the sign be removed in
order to maintain the character of the residential neighborhood treating the
Freedom House as any other single-family residence. The planning board and
city council should also be aware that most other group homes permitted
within the city in the last few years have not requested nor have placed any
outside signs indicating the use of the home as a group home or other facility.
Figure 3: Existing sign on the Freedom House
3. Availability of Public Services/ Facilities:
a. schools: This site is within the boundaries of school District #5. No impact
is anticipated with the proposed use.
b. Parks and Recreation: There should be no significant impact on the parks
and recreation programs and facilities as a result of this use.
C. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed use.
e
d. Fire Protection: Fire protection will. be provided by the Kalispell Fire
Department.
use.
No unusual impacts or needs are anticipated from the proposed
e. water: City water currently serves the existing duplex. No significant impact
on water services can be anticipated as a result of this use.
f. Sewer: Sewer service is currently provided by the City of Kalispell. No
significant impacts on City sewer services can be anticipated as a result of the
proposed use.
g. Storm water Draina e: storm water runoff from the street and driveways is
directed south of the site to existing storm water drains.
h. Solid waste: Solid waste pick-up is provided by the City. This project will
have no impact on current services.
i. Roads: 3rd Avenue west serves as the access road to the home. The street is
in good condition.
4. Neighborhood impacts: The group home will be located in a well -established urban
residential neighborhood. Impacts to the neighborhood should be relatively
insignificant as the residents will be working during the day with an ors. ---site manager
enforcing curfew during the evening and night hours.
5. Consideration of historical use patterns and :recent changes: This area has
historically included residential and apar ment. housing with little change over the
years.
6, Effects on property values: No significant negative impacts on property values
are anticipated. As previously mentioned, the proposal is compatible with the
neighborhood, will not create any adverse impacts with regard to noise or traffic.
COMMIENTS FROM ADJACENT PROPERTY OWNERS
Prior to receiving the use permit application the planning department has talked with
several of the neighbors in the area regarding the Freedom. Douse. Concerns included the
number of people staying at the house, traffic and not wanting this particular use within
the neighborhood. A letter from an adjacent property owner to the council dated May 2,
2010 outlining concerns and questions on the Freedom Mouse is attached. The planning
board and council cannot deny the use permit based on federal regulations. The planning
board and city council may add conditions to the use permit that would maintain the
residential character of the neighborhood.
7
The staff recommends that the planning board adopt the staff report #KCU-- . o -4 as findings
of fact and recommend to the Kalispell City Council that the Conditional Use Permit be
approved subject to the following conditions:
1. It is suggested that Freedom House hold a neighborhood meeting to foster improved
neighborhood relations, to increase awareness of the operations and activities of
Freedom House and to create a forum to accept neighborhood concerns or issues ire.
the future.
2. The Freedom House sign shall be removed within 10 days of approval of the
conditional use permit.
1 'L
1
1
9
8
7
2
1 nth st
� o �
1
1
2
3
5
VICINITY MAP SCALE i" = 100'
FREEDOM HOUSE
REQUEST FOR A CONDITIONAL USE PERMIT TO OPERATE A CLEAN Sc SOBER
HOUSE IN AN R-4 (TWO FAMILY RESIDENTIAL) ZONING DISTRICT
PLOT DATE 6/21/10
FILE# KC H:\gis\site\kculU., 04 Freedom House,dwg
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Horne for recovering alcoholilc/addict men
OWNER(S) OF RECORD:
Name: Comfort Living, LLC
Mailing Address: 285 Skyridge Lane
City/State/Zip: Columbia Falls, Montana 59912 Phone: (406) 249-6177
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE
SENT:
Name: Randall Marr, President FREEDOM HOUSE OF KALISPELL, Inc.
Mailing Address: P.O. Box 3532
City/State/Zip: Kalispell, Montana 59903 Phone: (406) 257-7718
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Address: 1128 3rd Avenue W. Kalispell, MT
- Sec.No. 18
Township 28N
Range No. 21W
Subdivision
Tract
Lot
Block
Name: Kalispell Addition 1
No(s).
No(s) 4
No. 146
2. Zoning District and Zoning Classification in which use is proposed:
City of Kalispell and R4
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses. Private residential
b. Dimensions and shape of lot. 50' x 142'
c. Topographic features of lot. Level
d. Size(s) and location(s) of existing buildings 1672 Sq. Foot
e. Size(s) and location(s) of proposed buildings. N/A
f. Existing use(s) of structures and open areas. Residential
g. Proposed use(s) of structures and open areas. Residential
h. Existing and proposed landscaping and fencing. Existing
3. on a separate sheet of paper, discuss the following topics relative to the proposed use:
a. Traffic flow and control. 10 or fewer trips per day
b. Access to and circulation within the property. Front and Rear entries
c. Off-street parking and loading. Two spaces in rear ( only two vehicles owned by residents)
d. Refuse and service areas. Refuse cans in rear, service area, N/A
e. Utilities. Existing residential
f. Screening and buffering. N/A
g. Signs, yards and other open spaces. N/A
h. Height, bulk and location of structures. Existing single family house.
i. Location of proposed open space uses. Existing residential
j. Hours and manner of operation. Existing residential
k. Noise, light, dust, odors, fumes and vibration. N/A
*SEE ATTACHED SUPPLENT
9
Attach supplemental information for proposed uses that have additional requirements (consult
Planner).
I hereby certify under penalty of perjury and the laves of the State of Montana that the information
submitted herein, on all other submitted forms, documents, plans or any other information submitted
as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any
information or representation submitted in connection with this application be incorrect or untrue, 1
understand that any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present on the property
for routine monitoring and inspection during the approval and development process.
Applicant Signature Date
Freedom House consists of a single family residence located at 1128 3rd Avenue W, Kalispell,
Montana. The number of men living in the home will not exceed eight. Currently only one
resident owns and operates a motor vehicle and it is not anticipated that the number of
vehicles owned and operated by residents will ever exceed four. There are two off street
parking spaces located off the alley behind the home. Each resident is required to be
employed. Residents typically leave the house on bicycles through the alley to the rear.
Unless a resident is sick or working a night shift that requires him to sleep during the day
each resident is required to be out of the house between the hours of 9:00 am and 5:00 pm.
Freedom House is not a drug and alcohol rehab or treatment facility. It is what is commonly
referred to as a as a clean and sober house. Which simply is a safe and sober environment for
persons actively seeking recovery from alcohol and other drugs. Freedom House has no paid
theraputic or counseling staff. We do have a volunteer house manager who resides in the
house. Residents roust comply with a "sober living plan", which requires attendance and
participation in various 12 stela programs. There is a nightly curfew and residents roust submit
to alcohol/drug screening if requested by the house manager.
Residents are assigned to various daily chores one of which is yard maintenance and clean up.
Pets are not permitted at Freedom House.
The impact of the residents presently residing at Freedom House is minimal and to the casual
observer it would appear no different than a normal household of roommates. There are
rules in place for quiet time after 10:00 prn so it may be that Freedom House exceeds the
expectation of ghat one would expect for the quiet enjoyment of a normal neighborhood.
Respectfully Submitted,
Randall Marr, president
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.l<alispell.com/planning
AMENDED APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE: Single family use: Freedom House is asking for a waiver of the maximum number of
unrelated persons (4) that can be deemed a family- as a reasonable accommodation under the Federal
Fair Housing Act, 42 U.S.C. 3604(f)(3){B) and grant a CLAP for a maximum of 8 unrelated alcoholics and
substance abusers living together as a single housekeeping unit.
OWNER(S) OF RECORD:
Name: Comfort Living, LLC
Mailing Address: 285 Skyridge Lane
City/State/Zip: Columbia Falls, Montana 59912 Phone: (406) 249-6177
PERSONS) AUTHORIZED TO REPRESENTTHE OWNERS) AND TO WHOM ALL CORRESPONDENCE IS TO BE
SENT:
Name: Randall Marr, President FREEDOM HOUSE OF KALISPELL, Inc.
Mailing Address: P.O. Box 3532
City/State/Zip: Kalispell, Montana 59903 Phone: (406) 257-7718
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street Address: 1128 3rd Avenue W, Kalispell, MT
- Sec.No. 18
Township 28N
Range No. 21W
Subdivision
Tract
Lot
Block
Name: Kalispell Addition 1
No(s).
No(s) 4
No. 146
1. Zoning District and Zoning Classification in which use is proposed:
City of Kalispell and R4
2. Attach a plan of the affected lot which identifies the following items.
a. Surrounding land uses. Private residential
b. Dimensions and shape of lot. 50' x 142'
c. Topographic features of lot. Level
d. Size(s) and location(s) of existing buildings 1672 Sq. Foot
e. Size(s) and location(s) of proposed buildings. N/A
f. Existing use(s) of structures and open areas. Residential
g. Proposed use(s) of structures and open areas. Residential-
h. Existing and proposed landscaping and fencing. Existing
3. On a separate sheet ❑f paper, discuss the following topics relative to the proposed use:
a. Traffic flow and control. 10 or fewer trips per day
b. Access to and circulation within the property. Front and Rear entries
c. Off-street parking and loading. Two spaces in rear ( only two vehicles owned by residents)
d. Refuse and service areas. Refuse cans in rear, service area, N/A
e. Utilities. Existing residential
f. Screening and buffering. N/A
g. Signs, yards and other open spaces. N/A
h. Height, bulk and location of structures. Existing single family house.
i. Location of proposed open space uses. Existing residential
j. Hours and manner of operation. Existing residential
k. Noise, light, dust, odors, fumes and vibration. N/A
*SEE ATTACHED SUPPLEMENT TO AMENDED APPLICATION FOR CONDITIONAL USE PERMIT
Attach supplemental information for proposed uses that have additional requirements (consult
Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the information
submitted herein, on all ❑ther submitted forms, documents, plans or any other information submitted
as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any
information or representation submitted in connection with this application be incorrect or untrue, I
understand that any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present on the property
for routine monitoring and inspection during the approval and development process.
11D
Applicant Signature Date
FREEDOM HOUSE of KALISPELL, Inc.
1128 3rd Avenue,
Kalispell, Montana 59901
We ask that the city waive the maximum number of unrelated persons 4that can
be deemed a family as a reasonable accommodation under the Federal Fair
Housing ,act, 42 U.S.C. 3604(f)(3)(13). We further request as a reasonable
accommodation that the City grant a CEP for a maximum of 8 unrelated
alcoholics and substance abusers living together as a. single housekeeping unit
and that the use of 1128 3rd Avenue be classified as the functional equivalent of a
family as that term is defined in the City's zoning code.
It is necessary to waive the maximum number of four unrelated persons who may
live as a single family unit because of the following; The therapeutic value of
alcoholics and addicts sharing and supporting one another in early recovery
cannot be emphasized too strongly. one single/vital component of the success of
Alcoholics Anonymous is the concept of one alcoholic helping another and that
concept will be instilled in the Freedom House residents. 'There is a long and
proven history of clean and sober hones aiding in the recovery of substance
abusers in a setting and environment that is offered at the Freedom House. All
residents share rooms. Sharing is necessary so that each roommate can have
someone to talk to and monitor any behavior that might be an indication that the
roommate might be leading towards a relapse. Isolation and loneliness is the
recovering person's greatest enemy. The value of being a part of a family or
community of persons all sharing a similar goal, that of recovery, is invaluable.
Residents share in the upkeep and maintenance of the house daily. They share
meals together and participate in weekly house meetings. These shared activities
all aid in the recovery process. Selfishness and self centeredness is one of the
root problems of addicted people. Participation in house activities which include
both on and off site recreation events require resident interaction and thus
contribute to their recovery as well.
Residents often come to Freedom House directly from treatment programs, or
living environments which are conducive to recovery. An alcohol icladdict living
alone, with a family whom he has been drinking with or around, or a single
roommate who is not in recovery are at a distinct disadvantage and at risk for a
relapse. Freedom louse offers these men a clear and distinct advantage toward
early recovery. The community of Kalispell is better for having Freedom House
available to men who might otherwise be active in their disease and posing a
daily risk to the community. Ak / �
Respectfully Submitted, /' Bandar arr, President
S=N G , PCILIN ESQ .
Attorney At law
April 29., 2010
SENT VIA FIRST ELECTRONIC MEANS AND FIRST CLASS MAIL
Sean Conrad
City of Kalispell
Planning Department
201 1st Avenue East
Kalispell, MT 59901
RE: Reasonable Accommodation Request
Freedom House of Kalispell, Inc.
1128 Third Avenue west
Dear Mr. Conrad:
3034 TENN sON' ST. N.W
V "A.SHINGTON, D.C. 20015
TEL (202) 331-5848
FAx (202) 537-2986
S POLI N2@EARTHLINK. NET
1 have been requested by Freedom House of Kalispell to write to you concerning the use of
1128 Third Avenue west as a sober house. Specifically.. l have been requested to respond to your
letter dated April 26, 2010 wherein you advised Freedom House that it was the City's position that
Freedom House was not a protected use since it was not a "community residential facility" as that
term is defined by the Montana Code Annotated. This letter is to request a reasonable
accommodation pursuant to the Federal Fair Housing Act, 42 U.S.C. §3604(f)(3)(B) for Freedom
House of Kalispell and its residents. Specifically, it is requested that the City treat Freedom Mouse
of Kalispell as a family by waiving the number of unrelated persons that can reside together as a
family.
1128 Third Avenue west has been erroneously classified by the City staff as something other
than a single family use. while we agree with the determination of the Cite that the use is not that
of "community residential facility," we do disagree with the determination that the use is not that
of a single family. The use of 1128 Third Avenue west is and has always been that of a family and
should be treated as such. we are requesting that the City pursuant to 42 J.S.C. 3604(f)(3)(B) as
a reasonable accommodation treat the use of 1128 Third Avenue west as a "family." The City
defines family as axone or more persons related by blood, marriage, adoption or a group of not
more gran four (4) persons excluding servants, not related by blood or marriage, living together as
a single housekeeping unit in a duelling unit."
The City's definition of "community residential facility" is based on the definition created
by Montana Annotate Code § 76--2-41 1, which includes within the definition that of a 4lhalfvay house
operated in accordance with regulations of the department ofpublie health and human services for
Sean Conrad Page 2
April 29, 2010
the rehabilitation of alcoholics or drug dependent persons " Section 76-2-412 states that
"community residential facility" must be a perrn.itted use in all residential zones, including but not
limited to single family zones. Therefore, as a reasonable accommodation, Freedom House of
Kalispell is also requesting that it be deemed a permitted use in the R--4 zone it is located and that
any requirements for obtaining a conditional use permit be waived.
Freedom House ofKalispell is a housing provider for recovering alcoholics and drug addicts.
The dwelling located at 1128 Third Avenue west consists of a maximum of eight (8) unrelated
recovering persons plus a house manager, whereas the City of alispell's zoning code prohibits no
more than four persons, not related by blood, marriage, or adoption from residing in a single
residential dwelling unit. The City does not impose any numerical limitation on the number of
persons who have reside together who are related by blood, marriage, adoption or guardianship. This
household functions as the equivalent of a family and allows the recovering persons to provide one
another with continual mutual support as well as mutual monitoring to prevent relapse.
.any persons in recovery cannot maintain the traditional farnily orgari zation that the City's
ordinance dictates. Treating the use of 1128 Third Avenue west as something other than a single
family use, therefore, discriminates against groups of disabled persons, such as the residents of
Freedom House of Kalispell, which do not meet the City's definition of family. In addition to the
actual discrimination against the residents of 11 28 Third Avenue west by the proposed enforcement
of the City's zoning code, the ordinance also has a disparate impact on them by preventing them
from living together in drug and alcohol free housing units. The potential recovery of people who
are handicapped or disabled by reason of alcoholism or drug abuse is greatly enhanced by the mutual
support and mutual monitoring provided by living with other recovering persons. Further, it is often
critical that a person in the early and middle stages of recovery share a bedroom with another
recovering addict for mutual support and monitoring. The City's restrictions on groups of disabled
persons that do not meet its definition of family effectively prohibit this type of living arrangement
in single family dwellings, even though no similar restrictions apply to persons that meet the City's
definition of "family" by blood, adoption or marriage.
The residents of 112 8 Third Avenue west are consi dered to be the "functional. equival ent"
of a family for several reasons. The residents have access to the entire house. The residents also
participate equally in the housekeeping functions of the house. The quality and nature of the
relationship among the residents are akin to that of family_ The emotional and mutual support and
bonding given each resident in support of his recovery from drug addiction and alcoholism is the
equivalent of the type of love and support received in a traditional family. The need of groups of
unrelated recovering alcoholics and substance abusers to live in a structured, safe and therapeutic
environment is necessary to the recovery process. It has been found that individuals who decide to
live in sober housing programs, such as that offered by Freedom House of Kalispell, are allowed to
engage in the process of recovery from alcoholism and substance abuse, at their own pace. By I iving
with other persons who are in recovery, the residents should never have to face an alcoholic's or
addict's deadliest enemy: loneliness and isolation.
Sean Conrad Page 3
April 29, 2010
In addition, the residents dents live in at 1128 Third Avenue west by choice. The choice is usually
motivated by the individual's desire not to relapse into drug and/or alcohol use again after that
individual has bottomed out, i.e., lost jobs, borne or family. It is also motivated by the desire that
one must change their lifestyle, the manner in which the conduct their affairs, and the need to
become a responsible, productive member of society
Finally, Freedom House of Kalispell is neither licensed nor required to be licensed by the
State of Montana in order to provide housing for its residents.
The residents of Freedom douse of Kalispell are considered "handicapped" under the 1988
amendments to the Federal Fair dousing Act, unlike those other groups of unrelated, non-diasabled
persons. See 42 U.S.C. 3 600 et seg. Recovering addicts and alcoholics are specifically included
within the definition of "handicapped individual." See. 42 U.S.C. 3602(h) and 24 C.F.R.
100.201(a)(2).
As members of a protected class under the Federal Fair dousing Act, the issue of whether
Freedom House of Kalispell and/or the residents of 1 128 Third Avenue west are m' violation of the
local zoning ordhimices is not relevant to the question of federal law. United States v. Borough of
Audubon, 797 F. Supp. 353 (D. I.J.), affd 968 F.2d 14 (3d Cir. 1992). Thus, any allegation that
Freedom House of Kalispell has violated a local zoning ordinance does not abrogate its rights in
claiming discrimination under the Federal Fair Housing Act. It is well established that the Federal
Fair Housing Act prohibits disc6 minatory land use decision by municipalities, when such decisions
are ostensibly authorized by local ordinance. Association of Relative and Friends of IDS patients
v. Regulation and Permits Administration, 740 F. Supp. 95 (D.P.R. 1990)(governrnent agency's
denial of land use permit to open .AIDS hospice violated Fair Housing Act); Baxter v. Cif of
Belleville, 720 F.Supp. 720 (S.D. Ill 1989)(on motion for preliminary injunction: city's refusal to
issue special use permit under zoning law to develop to remodel building into residence for persons
with AIDS violated Fair dousing Act). See also 42 U.S.C. Section 3615 ("any law of a State, a
political subdivision, or other jurisdiction that purports to require or permit any action that would
be a discriminatory housing practice under this subchapter shall to that extent be invalid [under the
Fair Housing Act] ").
In addition, for purposes of this letter, 42 U.S.C. 3604(f)(3)(B) defines discrimination to
include a"refusal to male reasonable accom-modations in rules, pol i cies, practices, or services, when
such accommodations may be necessary to afford such [handicapped] person equal opportunity to
use and enjoy a dwelling.'
The legislative history to the Fair dousing Amendments Act of 1988 ("douse Judiciary
Report") is explicit as to the effect of the amendments on state and local land use practices,
regulations or decisions which would have the effect of discriminating against individuls with
handicaps. The amendments prohibit the discriminatory enforcement of land use law to congregate
Sean. Conrad Page 4
April 29, 2010
living arrangements among non -related persons with disabilities, such as Freedom House of
Kalispell, when these requirements are not unposed on families.
[Section 804(f)] would also apply to state or local land use and health and safety laws,
regulations, practices or decisions which discriminate against individuals with handicaps.
While state and local governments have authority to protect safety and health., and to regulate
use of land, that authority has sometimes been sued to restrict the ability of individuals with
handicaps to live in communities. This has been accomplished by such as the enactment or
imposition of health, safety or land --use requirements on congregate living arrangements
among non -related persons with disabilities. Singe these requirements are not unposed on
families and groups of similar size of unrelated people, these requirements have the effect
of discriminating against persons with disabilities.
House Report, p. 24 (footnote omitted). Based on this clear expression of legislative intent, the
courts have enjoined the application and enforcement of zoning and health and safety regulations
which have a discriminatory impact on group homes for persons with disabilities. oxford House,
Inc. v. Township of Cherry ..mill, 799 F. Supp. 450,462 (D.N.J, 1992); Oxford House, Inc. v. Town
q f Babylon, 819 F. S upp 1179 (E.D.N. Y. 1993 ); Marbrunak, Inc. v. Ory of Stowe, 974 F.2d 43 (6th
Cir. 1992).
The mutual support that the ordinance prevents is critical to addiction recovery. Persons
recovering from addiction are far more often successful when living in a household with at least
three other persons in recovery, particularly in the early stages of recovery. Barring more than four
unrelated individuals from residing together, without regard to the size of the residential unit,
interferes with the critical mass of individuals supporting each other in recovery.
The reasonable accommodation requirement of the Fair Dousing Act draws no distinction
between "rules,," "policies," and "practices" that are embodied in zoning ordinances and those than
emanate from other sources. All are subject to the "reasonable accommodation" requirement. Thus,
when a municipality refuses to make a reasonable accommodation in its zoning "rules," "policies,"
or "practices," and such an accommodation may be necessary to afford handicapped persons an equal
opportunity to use and enjoy a dwelling, it violates the reasonable acconurnodation provision of the
act, 42 U.S.C. 3604(f)(3)(B). See United States v. Village ofMarshall, 787 F. Supp. 872, 877 (W.D.
Wisc. 199 1 )(Congress in enacting the Fair Dousing Amendments Act "anticipated that there were
rules and regulations encompassing zoning regulations and governmental decision about land use").
Reasonable accommodation. has been interpreted by the Courts in cases involving zoning
ordinances to mean that a municipality must change some rule that is generally applicable to
everyone so as to make its burden less onerous on the person with disabilities. Township of Cherry
Hill at 465, ft. 25. See, Casa Marie, Inc. v. Superior Court of Pueno Rico for the District- of
Arecibo, 752 F. Supp 1152, 1169 (D.P.R. 1990),, rev'd on older grounds, 988 F.2d 252 (Ist Cir.
1993)(noting that a court hearing a reasonable accommodation claim under the Fair Housing Act
Sean Conrad Page a
April 29, 2010
may "adjudge whether compliance with the zoning ordinances may be {waived"'); Horizon .douse
Development Services v. Township of'Upper Southampton, 804 F.Supp. 683, 699-700 (E.D. Pa.
1992); affd rnern., 995 F.2d 21.7 (3d Cir. 1993)("affirmative steps are required to change rules or
practices if they are necessary to allow a person with a disability to live in a community"). A request
for a reasonable accommodation may even encompass as request for non enforcement of a zoning
ordinance. Proviso Association of Retarded Citizens v. Village Q fWestchesler, 914 F. Supp 1555,
1561-62 (NT. D. Ill. 1996).
One of the purposes of the reasonable accormnodations provision is to address individual
needs and respond to individual circumstances. In this regard, courts have held that municipalities
that municipalities must change, waive, or make exception to their zoning rules to afford people with
disabilities the same access to housing as those who are without disabilities. Town of Babylon, 819
F. Supp at 1192; Horizon .mouse, 804 F. Supp, at 699; Township ol'Cherry Hill 799 F. Supp at 461-
63; pillage of Marshall, 787 F. Supp at 878; Commonwealth of Puerto Rico, 764 F. Supp. at 224.
Here, accommodating Freedom. House of Kalispell would not cause the City any undue
financial or administrative burdens nor would it undermine the purpose which the requirement seeks
to achieve, that the City waive its unrelated rule requirement in its definition of family, especially
in view of the State mandate not to interfere with the siting of "community residential facilities." See,
Village Qf Marshall, supra at 877--78 (accommodation is unreasonable if it "undermine[s] the basic
purpose which the requirement seeks to achieve"). The Fair Housing Act places an affirmative duty
on the municipality to accommodate the needs of persons with disabilities. The Act demands that
m.urucipalities such as the City of Kalispell to change the manner in which its zoning ordinances are
applied to afford the disabled the same opportunity to housing as those who are not disabled. Citj;
of Plair?field, 769 F. Supp at 1344 (accommodation reasonable where it "would not cause undue
financial burden to the City"),
Permitting Freedom. House of Kalispell to exist would not significantly compromise the
policies reflected in any of the land use ordinances that the City would apply or enforce, Nor is there
any significant evidence that such an accommodation would significantly compromise the City;s
legitimate interests in the protecting the residential character of the surrounding neighborhood.
Freedom Douse of Kalispell are not requesting that the City of Kalispell to build housing, rather,
rather it is requested that the City remove an obstacle to housing. See, Fawn of Babylon, supra,
Huntington Branch, NAACP v. Town of Huntington, 844 F.2d 926, 936 (2d Cir), aff'd 488 U.S . 15
(1988).
If need be, Freedom .Douse of Kalispell can demonstrate that the proposed accommodation
is reasonable, for the Fair Housing Act requires a showing that the accommodation "ma be
necessary to afford [handicapped] person[s] equal opportunity to use and enjoy a dwelling." 42
U.S.C. 3604(f)(3)(B). see, Parish of Jefferson v. Allied Health Fare, Inc., 1992 U.S. Dist. Lexis
9124 (E.D. L.a)(The proper inquiry on a request for a reasonable accommodation is the number of
unrelated persons who can reside together is to reasonableness of the request.) The City of Kalispell,
Sean Conrad Page 6
April 29, 2010
by classifying Freedom douse of Kalispell as something other than a single family use, is actually
enforcing its definition of family in its zoning ordinance by utilizing more stringent requirements on
groups of unrelated disabled individuals wishing to live togetherthan on individuals related by blood
or marriage or adoption or guardianship. Parish of Jefferson, supra (Zoning ordinance limiting the
number of unrelated persons residing together as a family to four found to be in violation of the Fair
Mousing Act since it has the effect of discriminating against groups of handicapped persons by
unnecessarily restricting their ability to live in residences of their choice in the community.)
Tsombanidis v. City of West Haven, 180 F.Suupp. 2d 262, aff d in part, rev'd its part, 35? F.3d 565
(2d Cir. 2003). (Stringent enforcement of the City's three person rule has a greater adverse impact
on disabled persons than non -disabled persons).
1128 Third Avenue west residents are individuals who are handicapped by alcoholism or
drug abuse. 1128 Third Avenue west can demonstrate that the ability of recovering alcoholics and
drug addicts to live in a supportive drug free environment in a quiet residential area is critical to their
recovery.' These individuals are more likely to need a living arrangement such as the one 1128
Third Avenue west provides, wherein groups of unrelated individuals reside together in a residential
neighborhood for mutual support during the recovery process. Township ofCherry Hill, 799 F. Supp.
at 450. "when that home is also a therapeutic environment critical to maintaining continued
recovery from alcohol or drug addiction, eviction is life threatening. Depriving such individuals of
housing, or evicting them., would constitute irrational discrimination that may seriously jeopardize
their continued recovery." See City q f Plainfield, 769 F. Supp at 1345. This action by the City of
Kalispell would completely preelude the opportunity of 1128 Third Avenue west to exist within the
City and to provide housing to handicapped persons in recovery from alcoholism and drug abuse.
A reasonable application of your zoning laws would be to recognize the residents of 1128
Third Avenue west as a family. It is not rational to classify the premises as something other than
a single family use. In the alternative, 1128 Third Avenue west requests that you waive any
'Other programs similar to Freedom House of Kalispell have successfully demonstrated
the need of recovering individuals to reside in quiet residential areas in order to enhance the
recovery process. See .borough of A uduban, 797 F. Supp at 360 (Based on the testimony, we find
that the OH-vasssar residents' addictions substantially limit their ability to live independently
and to live with their families. Accordingly, we find that the residents are "handicapped" under
the Act, and are entitled thereby to the projections of the Act. we do not think that the list of
major life activities set forth in the regulation was meant to be all-inclusive. Even if it were, the
residents would still satisfy the definition because their inability to live independently constitutes
a substantial limitation on their ability to "care for themselves.")' City of Plainfield, 769 F. Supp
at 1339-4.0. ln addition to losing their residence, which may in itself be an irreparable injury,
plaintiffs would also lose the benefit of their therapeutic and supportive living environment, and
may relapse... For a non --handicapped individual, the disintegration of a family unit is traumatic
for recovering alcoholics and drug addicts, it may be devastating.)
Sean Conrad
Apr] 1 ? 9. 2010
Page 7
limitation on the number of unrelated disabled persons who can reside together in a single family
zone and to hold in abeyance the enforcement effort currently underway.
I hope you find this information useful. I would like to discuss this rnater with you or any
other representative of the City of Kalispell before the City contemplates any further action.
I look forward to discussing ways to resolve this natter with you.
cc: Freedom House of Kalispell
Torn Jentz, Planning Director
Charlie Harball, City Attorney
Allison Ann Bishop
1 115 3 `1 Avenue W
Kalispell ITT 59901
July 11, 2010
Kalispell City Planning Board
Kalispell MT
Kalispell City Planning Board Members:
I have reviewed the document #KCU-10-4, pertaining to the Conditional Use Permit application for the
Freedom House of Kalispell Inc. I received the letter of notification, sent to property owners located within a
specified distance of the location, for the public hearing July 13, 2010.
"The planning board and city council may add conditions to the use permit that would maintain the
residential character of the neighborhood." I request the following actions from the Kalispell City Planning Board
based this authority:
Re: La. adequate usable space: "contains an existing duplex with an attached two car garage" and B. Existing
Land lase and Zoning: "...and is developed with a duplex."
As is visible from outside the property, the property contains a house with a detached garage. There is no
"duple:" no structural "attachment" between house and garage, a garage that contains an apartment not
associated with the Freedom house.
Re PIT,
uest to Kalispell Cih? Planning Board:
* Correct description of the property in the conditional use permit.
® Review the true property description with requirements of conditional use permit to assure that the use of
the property is appropriate for the conditional use permit.
Re: 2.a. Parking Scheme: "One unit of the duplex..... requires 2 off-street parking places..."
As noted above, there is no existing duplex.. As it stands, there is a house and a garage with an apartment.
This neighborhood is distinctive in the City because it accommodates periodic and very large surges in off
street parking associated with Legends Field use for school and community events. There is a need to clearly
define parking requirements in any conditional use permit for a property that is part of this longstanding,
larger, and needed community use.
Residents of this house have also demonstrated their use of alternate transportation walking and bicycling. I
appreciate this example to all of us. I am also aware that both these options are more difficult during winter
which may increase vehicle use.
Request to Kalil ell City Plannine Board:
* Correct property description allotting required parking to both apartment and house.
Review conditional use permit request for with the actual available on and off street parking to assure that
the required off-street parking places are met fog- both residences at their respective occupancies.
Clearly state parking requirements the conditional use permit.
Re: 4. Neighborhood impacts "Impacts to the neighborhood should be relatively insignificant as the residents
will be working during the day with an on -site manager enforcing curfew during evening and night hours," and
S. Consideration of historical use patterns and recent chanties
Accommodation of this facility in the neighborhood does change its character. No other residences in the
neighborhood are p cif cally designated to accommodate a large number of unrelated single gender adults.
No other residences have enforced curfew or volunteer on --site manager stipulations. No other residences are
designated specifically for persons who are deemed to be in recovery from alcohol or drug addiction. It is
incorrect to present this as "no change" in the character of a residential neighborhood.
The reports states that residents will be gone during day hours working, However, these working residents also
have weekends/non work days, when they are entitled to use their residence for activities as are we all.
Reguest to Kalispell 0 l Planning Board:
Clearly state that residents occupy the property throughout the week and are entitled to use the property
accordingly which is an honest description rather than reflecting a biased "how much they will be gone."
Re: 6, Effects on Property Values
"No significant negative impacts on property values are anticipated."
If documentation exists that property values in Kalispell are not affected by the establishment of a property with
conditional use permit such as this, cite the documentation in the report. The above statement by itself, specific to
this permit and in the context of recent economic downturn and current housing situation, is not supportable.
Request to Kalispell City Plannin Board:
0 Remove statement of conjecture.
State that the impact on property values is not documented or cite the documentation that shows the
impact.
Re: 2.e. Signage:
Reguest to Kalispell City Plannin Board:
.0 Assure that the sign is removed, as per recommendation 2.
The history of the behavior of the management of Freedom House in the neighborhood has been one of
obfuscation. An open course of action was open and not taken; they only applied for the conditional use permit
after they were contacted by the City, the City being contacted by neighbors. Their action does not demonstrate an
open, ethical, community -minded example for the residents they purport to care about. Residents, who, as part of
their step programs, must honestly account for- their- own behavior towards others.
My own experience includes wonderful experiences living in community settings and living for several years in
the heart of Seattle Pioneer Square with a neighborhood that included many homeless and substance using
persons. i value community placement of persons who are working to recover from alcohol or drug addiction
and I am equally aware of the pitfalls and risks to the individual and community when those efforts fail.
The actions that the members of the Kalispell City Planning Board and the City Council set with this conditional
use permit will be part of the precedent created for each and every neighborhood in Kalispell. Our neighborhood
has worked to ask that every entity involved or affected by the establishment of this facility from management
to neighbors to Planning Board fulfill their responsibilities as they exercise their rights.
I ask the Planning Board correct errors, review corrected information with the applicable ordinances, and assure
that the facility is indeed within the parameters of the conditional use permit. These actions will better serve this
permit, and future permits for placement of like facilities in the neighborhoods of Kalispell.
Respectfully,
Allison Ann Bishop
This letter is in regard to Freedom House located at 1128 3 `d Avenue west Kalispell MT
59901.
The first notice we received that they had rented this location, was a sign announcing to
neighbors, buyers and renters of this street that they were there, then Larne an immediate
drop in our property values and earning potential in an already bad economy.
From the way this location has proceeded from the onset and due to the questionable
management associated with this program., I have some grave concerns as to the
feasibility of it being a well run program. I don't know how we can monitor that the
members entering this facility which only requires that they are sober for 72 hours are
not in fact just -.sing this program as a way to stay out of jail on more serious offences.
This location is within 2 or 300 feet of Legend Stadium where 100s of minors walk by on
a weekly basis, I question how we can protect these children as well as all the
neighborhood children. How are we going to protect the young couple who are expecting
a child and live in an apartment right on the same property.
Facilities such as Freedom House have an inch thick manual on what constitutes
harassment from. the neighbors, I would like to know where the manual is for the lave
abiding, tax paying citizens of this neighborhood, I would also like to know how it is
that the only people in our. society having any rights are the criminals. The people of
Flathead valley need to know that this can happen next door the them at any time and
they have no way to stop it.
My final question is what are we as a city and a state doing to implement a buffer zone
for sexual offenders in regard to their proximity to schools, school facilities, parrs,
daycare center, etc. If we are not looking at this issue I believe we should be as this
buffer zone is normal in most other states.
S incerely,
.Terri Guiffrida
Phillip & Michelle Guiffrida
1124 3rd Ave West
Kalispell, MT 59901
July 1.0, 2010
City of Kalispell
Planning .Board Members
201 1st Ave East
Kalispell, MT 59901
Planning Board Members:
Ez
0 V
F=
o fi 2010
KALPELL PLANNING DETARTMENT
I am writing this lever to you in regards to Freedom Douse of Kalispell's application for conditional use permit.
More specifically to comment on sections of your staff report #KCU-10-4, prepared by the Kalispell Planning
Department. I will ask that the Planning Department include this letter in your packet for the meeting Tuesday
night. The staff report in question has some information that we question the validity of, we have outlined our
concerns in this letter.
Page 5 Section 1 of the Staff Report titled Site Suitability. Section (A) States that the property is a duplex with an
attached garage. This definition leaves a different picture to what is actually the case. The property consists of a
home with an unattached (detached) garage. what is making this property a "duplex," is a portion of the
unattached garage has been converted into a one bedroom apartment. An off -site manager of Freedom Douse
stated that future goals for the facility were to acquire and rent this one bedroom unattached garage apartment for
future Freedom douse use. If Freedom House is allowed to have 8 people living in it's current structure, does this
mean they can have 1.6 if they acquire both units?
Page 5 Section 2 of the Staff Report titled Appropriate Design. Section (A) States that adequate parking exists.
Maximum anticipated parking is for 4 vehicles. The staff report states that there is adequate off street parking
along with the garage and in front of the garage. The truth is rebutted in. my above statement, mowing that half of
the garage is a one bedroom apartment in addition to the fact that the current tenants are using half of the parking
in the rear of the facility with their vehicles and boat. This may become a nonissue when they move as they are
actively searching for a housing alternative as they do not feel that it is safe to live in their apartment. The words
"maximum anticipated," should be more defined as well. Keep in mind that the Freedom House has been changing,
their minds on a variety of issues at will and we would hate to see this maximum anticipated amount of vehicles
turn. into 16.
Page 5 Section 2 of the Staff Report titled Appropriate Resign.. Section (B) States that traffic circulation would
not be altered by this facility. will one of you please drive down our street on the day of a football game or track
meet. You are right the addition of an "anticipated," 4 vehicles by this facility will alter traffic on multiple streets
as people look for parking. It will also cause more illegal parking which we often see during these functions.
Page 5,6 Section 2 of the Staff Report titled Appropriate Design. Section (E.) Signage. we absolutely agree with
this section. within 24 hours of the sign going up 2 months ago, I lost a tenant. The tenant requested to be out of
the 30 day requirement of the rental agreement so he could move his family out of the now unsafe neighborhood.
.Page 6 Section 3 of the Staff Report titled Availability of Public Services/ Facilities, Section (A) Schools. The
Staff Report states that no impact is anticipated by operating a facility like this. I beg to differ, introducing eight
"adult males," into this neighborhood will certainly impact our schools. while it will most likely not increase
attendance in public schools, it will effect school activities due to it's proximity to the High School track. This
facility has absolutely no City, State, or Federal oversight. Drug Abuse and Alcohol charges are what most
offenders plea bargain down to in court. My question is what other Felonies or Misdemeanors did these "adult
males," plea bargain down from. who is truly living in this facility, who is coming to visit? what happens if Cod
forbid something goes wrong`? will it be during a game?
Page 6 Section 3 of the Staff Report titled Availability of Public Services/ Facilities, Section (C) Police. The Staff
Report states that there will be no unusual impacts or needs from the police department. Please call the Police
Department before stating a fact like this. Upon neighborhood investigation of public record, we have found that.
the 'Tice President of Freedom House is a convicted sexual offender. He was sentenced 06/ l 9/2002 for Sexual
Abuse of Children. An off sight manager of Freedom House informed neighbors that the person in question was
going to be the on -sight manager which prompted multiple calls to police for investigation. As of right now we see
him from time to time on the property. we were informed that he was not going to be the on sight manager,
however now we hear he is the evening manager. Once again we as neighbors never know the truth as there is no
oversight. This facility has created one of the biggest neighborhood watches in Kalispell. Rest assure there will
be an impact on our police department.
Page 7 Section 4 & 6 of the Staff Report titled Availability of Public Services/ Facilities. Staff Report states that
Freedom House will not impact the neighborhood or property values. This statement is incorrect. The
introduction of S adult mules recovering from alcohol and drug addictions has a significant sociological impact on
the neighborhood. According to Freedom House requirements, a tenant can be admitted only if he has been sober
for 72 hours. while this requirement is adequate for alcohol purging, certain drug addicts will still show major
side affects in this allotted time putting the neighborhood at risk. As a duplex owner, .l have seen. a decrease in
property value. Over the last two months I have lost over $6000.00 due to the impacts of Freedom .House. In this
day and age gathering public information is easy. within 24 hours of the house signage going up, I lost a tenant.
As a Landlord. this is just one form of property value loss..I also had a difficult time getting a new tenant. I had to
install a 6 foot privacy fence to make prospective tenants feel safe. I had a conversation with my realtor about
impact of this facility on my property value and he feels it will be a significant loss for nee if I choose to sell..
Amended application attached to the Staff Report page 1. The address of the property owners is incorrect.
The address for Comfort Living LLC is 641 Chambers Rock Road, Landenberg PA 19350. The address stated on.
the application is for the managers of the property, Tara and Skyler Norick. They originally owned this house and
then sold it to family members in PA, and are now managing the property. I just wanted this corrected in case the
city had to send out information to the property owner and I am afraid this is one of those situations where they are
not adequately informed of what is actually going on.
In my occupation I see many of these types of facilities on a daily basis. For the most part they are located in an
area that interference with the public is not a concern (rural or business settings). The location in question has
turned this neighborhood upside down. Neighbors now live in fear as the quality of our life has been affected. The
thought that renters can infringe on the property rights of those who own and pay taxes to the city is unacceptable.
It is time for the city to fight the f ghts worth fighting. I am tired of my tax dollars going to pink benches,
boulevard trees that do not exist, and airport expansions that very few want. Apathy is not the answer here, I am
tired of the State saying this is a City issue and the City saying there is nothing that can be done about it. Freedom
(louse is a for profit business operating in a residential neighborhood. They are using tactics and definitions to get
around rules and intimidating the city with lawyers. we are not going to call. ourselves a `Community Residential
Facility," because we do not want state oversight, as we know they would shut us down. So lets choose Sober
Living facility, or maybe Living Sober Facility. I look forward to seeing you all Tuesday night.
Sincerely,
Ifichelle Anderson
From: Deb Hunt huntdl3@grnail.corn
Sent. Wednesday, July 14, 2010 10:29 AM
To. Michelle Anderson
Subject: regarding Freedom House
I am sorry to not have been able to attend the hearing last night regarding Freedom House and their permit for
use. I have great concerns upon hearing that the individual in charge is a sex offender and does not have a
governing body to report to for his program.
I have two children (boys aged 8 and l 2) and am concerned for their safety with this home in close proximity to
any horne. I an concerned for the safety and welfare of students who are attending events (most football games
end while dark and the parking for the games is on streets right in front of this house) and walking in the alleys
at dark. I am also concerned for the welfare of the men who are in recovery... some of whom are violent
offenders. There is no counseling support, no rules required for their stay, and again no governing board to
determine if they are a threat for anyone in the house or neighborhood.
I understand the difficulties with living a sober life once that choice is made. My concerns are as a mother for
the safety of W children and if there a way I can have say in this outcome l say NO I don't want this facility
here.
Thank you,
Deb Hunt
334 12th Street West
Kalispell, ACT 59901
253-9508
July 13,2010
Freedom House Request for Conditional Use Permit
1.128 3,d Ave. West
Kalispell, Montana
Staff Report #KCU-10-4
To: Kalispell Planning Board
From: David and Kathleen Robertson
Property owners: 917-919 31 Ave. Vilest, Kalispell
As property owners of ten residences, we have met and dealt with a wide variety of people, most of
whom have been good tenants. Unless tenants behave in a publicly inappropriate manner, the
neighbors have little or no contact with there. The sign on the front porch could cause problems with
neighbors, and apparently has raised concerns. we agree with your decision to have it removed.
I find the definition of "handicapped persons" in the Federal Fair housing Act surprising.
As we read the request, we believe there will be eight persons living in the home. We were notified of
this Request through a mailing that states "The Freedom House occupies one unit of a duplex dwelling".
It seems unrealistic to house eight men in one unit of a duplex.
The residents are "expected to be employed" and are "required to be out of the house between the
hours of 9:00 a.m. and 5:00 prn". What will the night-time residents do if they are unemployed? That is
a serious consideration.
There will be a house manager. Is this individual also going to live in this duplex? We would assume so
since there will be a night curfew in place and someone will have to monitor and enforce it. what time
is the curfew?
"There will be no paid therapeutic or counseling staff". Freedom House of Kalispell, Inc. states on their
web site http://www.freedomhouse.net/
Services Provided: Drug Rehab, Alcohol Treatment, Inpatient Drug Rehab} outPatient,
Substance Abuse Treatment, and Residential Treatment.
There is an obvious conflict here.
We are not objecting to or supporting this request. We would like some clarification to insure the final
documentation is consistent and clear to all involved.
/ ed
David Robertson
Kathleen Robertson
eedo-m-- House HOME ABOUT US Co
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Residential Drug and Alcohol Treatment in a home -like atmt
Freedom House at a Glance
The real challenge for those seeking the right alcoholism treatment or drug addict
is first realizing there's a problem. Then they must have Faith that help is available,
Drug and Alcohol Treatement
that a better tomorrow awaits them. They must also have the Trust in themselves tc
their treatment. Then, and only then, will they be able to find the internal strength--c
Our Drug and Alcohol
alcohol and drug free and be able to say, "I found my freedom."
Treatment Programs
At Freedom House, we are overwhelmingly successful in facilitating these milestonE
Long Term Residential
structured and disciplined, no nonsense residential treatment pro+ -gram in a halfwa
Treatment for Wien
provide a dynamic once -in -a -lifetime opportunity ---with no second chance —to get yc
TransitionalLiving Programs
g g
life, back on track once and for all.
for Brien
■ Freedom House at a Glance — We provide an innovative long-term resider
Transitional Living Programs
treatment program in a halfway house setting for men We also provide trans
for Women
recovering alcohol and drug addicted women and their children through our I
called, The Family Afterward. our long term residential treatment and transit
are conducted in a supportive atmosphere that incorporates the 1 2-Step bas
Frequently Asked Questions
system, reality therapy, behavior modification and positive peer pressure to I
Referral information
individuals. Click here to read more.
Alumni Success Stories
■ Alcoholism Treatment ---- Alcoholism affects not only those afflicted, but alp
society as a whole in a number of devastating ways. In addition to individual,
Photo and Video Gallery
counseling, Freedom House provides long term alcoholism treatment throug
and the development of skills for sober living. Click here to read more.
News and Articles
■ Drug Addiction Treatment ---- our innovative drug addiction treatment cents
Events
restore a person's ability to function, minimize the medical and social complil
and addiction, and achieve lasting self discipline. Click here to read more.
The Freedom House
Foundation
■ The Freedom House Foundation —The "Foundation" serves as Freedom
arm. It is also the primary fundraising source that enables us to offer long ter
to those that are unable to afford it. Glick here for information on making a t;
Donate Now...
to The Freedom House Foundation.
Freedom House accepts residents from our home state of New Jersey as well as all
country. Compensation for a resident's stay with us may be funded privately or by m
policies, corporate giving programs, community foundations, or other means when a
Home i About Lis I contact Us I Drug and Alcohol Treatment 1 our Drug and Alcohol Treatment
Long Term Residential Treatment for Men Transitional Living Programs for Men
Transitional Living Programs for Women # Frequently Asked Questions i Referral Information
Addiction and Recovery Resources i Alumni success stories f Photo Gallery
News &, Articles i Events j The Freedom House Foundation i Log In i site Map
'kf "- /AxnxT"i frP�r�nt���n� �� npl/ 7/ 13/2010
Freedom House of Kalispell; Inc.
Excellent'`
(not- a Federal or State: rating)
Address 1128 3rd Avenue W
l"'alispell, MT 59901.
Phone Number : Si ovr�i �or�4. Nurrri_�er'l
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Primary
Services
Type of Care
Services Drug Rehab, Alcohol Treatment, Inpatient Drug Rehab,
Provided DutPatient, Substance Abuse Treatment, and Residential
Treatment
Payment
Type
Discription Freedom House of l:alispell, Inc. drug rehab with a primary
focus on . Freedom House of Kalispell, Inc. specializes in
Editor's Review
A clean and sober- living home for adult men. On --site manager present.
Tell other what you think
VVV
May 2, 2010
Kalispell Mayor and City Council
201 First Ave Fast
Kalispell, MT 59901
Public Comment for Mav 3 2010 Cite Council Meeting
Mayor Fisher and Council Members,
On April 15, 2010, Freedom House of Kalispell opened up an adult male drug and
alcohol rehabilitation group home at 1128 3rd Ave Vilest. in Kalispell. I am the owner of
the duplex located directly to the north of Freedom. House on 3'd Ave west. I currently
rent out my rear unit and live in the front unit with my wife and four month old child.
Since this date, our neighborhood has been working countless hours doing research into
our rights as property owners and to the rights of Freedom House to open up an adult
male community residential facility in our nelglzborhood.
We have talked numerous times to the City Planning Department, City Police, and had a
sit down meeting with the City Attorney. As property owners we have major concerns
about the facility. The first and most important being the safety of our neighborhood and
youth involved with activities at the High School track. other concerns revolve around
property values.
Montana law 76-4-412 states that community residential facilities have a right to locate in
any residential area as long as they house less then eight individuals and if the home
provides 24 hour care on a day basis. Montana law 76-2-411 (3) defines a Community
Residential Facility as a half way house operating in accordance with regulations of the
Department of Public Heath and Human Services for the rehabilitation of alcoholics or
drug dependent persons.
As neighbors we are disgusted with the way that Freedom House has entered into our
neighborhood. They decided to sneak in through the back door, failed to get any State
permits to operate, and failed to notify the City Planning Department so that the
conditional use permit process could be initiated. Without the conditional use permit
process, the neighbors did not have an opportunity for public comment. After
neighborhood complaints, the Planning Department net with the Freedom House
President and Kalispell City Attorney. It was reported back to our neighborhood that
Freedom House claims they are not bound by City or State laws and only have to follow
Federal rules. This unfortunately is the last bit of information the neighborhood has
received from the City of Kalispell.
As a neighborhood, we have been in contact with the State Department of Public Heath
and Duman Services and other State agencies. we have also contacted the property
manager as this is a leased property that is owned by a company out of Pennsylvania.
Everyone we have talked to has asked why the City is not enforcing State code and
allowing this facility to operate.
The way I interpret the law is Freedom Mouse of Kalispell is a business operating in a
residential area, which would be against zoning. I come by this conclusion as Freedom.
Mouse can not be defined as a community residential facility under state law 76-2-411.
They have failed to register and are not operating in accordance with Public Heath and
Human Services. If they are not defined under 76-2-411, then they can not locate in a
residentially zoned neighborhood under 7 d-4-412.
To make maters even worse, we have found that the Vice President of Freedom house is
a convicted Sexual. offender (Sexual Assault on a Child). He is seen at this facility
multiple tunes a week. we were informed by the Kalispell Police Department that there
is nothing they can do as Montana does not have laws stopping sexual offenders from
being near school property like other states. we are working on checking the validity of
this statement. without State or City Supervision, how do we know who is living in this
house.
The residents of.' rd Ave west between I I th Street and the High School track are prisoners
in our own homes. All we are asking is that Freedom house is forced to follow the rules
set forth by the City of Kalispell, and State of Montana. There are too many unanswered
questions. why did they choose this neighborhood? why did they feel they could Ignore
State Lave and City Ordnances? what types of people are living next to our families?
The neighbors have decided to write out public comment for this council meeting as we
know your hands are full with your final passing of the marijuana ordnance. Rest assured
we will be at future planning board and council meetings. We have stayed low key as we
have been researching and dealing directly with the city departments that we felt could
help us. The stake holders are more than just the immediate neighbors in this situation as
many different families use the high school sports facility less then 200 feet away. We
look forward to our future communication with you.
Sincerely,
Phillip C Guiffrida III
Michelle Guiffrida
1124/ 1126 3 rd Ave west
Kalispell, NIT 59901
406--261-253 S
phil . cj pll c@yahoo . corn
Oil I � 1.1 &JI TT a
121-AW(A-11a No
0
I, the undersigned certify that I did this date mail via First Class Mail a copy
of the attached notice to the following list of landowners a oinipg the
property fines of the property where a conditional use permit has bee!fii
cequested.
. ....... ... ......... .. .
/a���� U
Date*
S-T-R: 18-28-21
III Pill 111 %.0.- ,
11IJIL-
SL -.0".•
Comfort Living, LLC
285 Skyridge Lane
Columbia Falls, MT 59912
Comfort Living, LLC
641 Chambers Rock Road
Ladenberg, PA 19350
Randall Marr, President
Freedom House of Kalispell, Inc.
P.O. Box 3532
Kalispell, MT 59903
Comfort Living g , LLC Comfort Living, LLC Randall Marr, President 285 Skyridge Lane 641 Chambers Rack Rd Freedom House of Kalispell, Inc.P.C. Box 3532
Columbia Falls, MT 59912 Ladenberg, Ply. 19350 Kalispell, MT 59903
Amy L. McGuire Shirley Earnest Richard Newbury
1119 4thAvenue vilest 1111 3rd Avenue West P.O. Box 941
K.2.1ispell_, MT 59901 Kalispell, MT 59901 Kalispell, MT 59903
Leisa Baldwin Sharon Hauck Allison Bishop
1113 4th Avenue West 720 Two Mile Drive 1115 3rd Avenue Vilest
Kalispell, NIT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Christi & doe Knowles Fredonna Rutherford Jeannie McFarland
P.G. Box 3310 Deborah Benson 1135 3rd Avenue West
Kalispell, MT 59903 1127 3rd Avenue West Kalispell, MT 59901
p Kalispell, MT 59901 p
John 8, Stephanie Krager James & Tonya Holden Phillip 8, Jerri Guiffrida
1136 3rd Avenue 'Nest 1145 3rd Avenue West 1506 Greendale Court
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Homesales, Inc. Deanna McAtee JM
SOD Brooksedge Boulevard 114 1 st Avenue vilest P. o 151:
Westerville, OH 43081 Kalispell, MT 59901 ay on, 59914
Debra Hunt
334 12th Street vilest
Kalispell, MT 59901
Barbara Matthews April Hart Nathan & Sarah Herset
I046 3rd Avenue West 258 12th Street guest 1145 4th Avenue vilest
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Phillip & Michelle Guiffrida, III Hazel Stefa.natz Steve & Kelly Hartigan
1124 3rd Avenue vilest 1105 3rd Avenue vilest 1127 4thAvenue vilest
Kalispell, MT 59901 Kalispell, MT 59901 Kalispell, MT 59901
Lesli L. Schreiner Purnell
1005 Teare Road, #4
Moscour, ID 83843
PLANNING FOR THE FUTURE
MOIUVANA
Planning; Department
201 1"Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
►vvww. ka his p ell. co m1 planning
You are being sent this notice because you are a property owner within 150 feet of the proposed project noted below
and will be most directly affected by its development. You have an opportunity to present your comments and
concerns at the meeting noted below. You may contact this office at (406) 758-7940 for additional information or
visit our website at u7ww.kalispell.coiaalplaianiiig under "Planning Board Projects". written comments maybe
submitted to the Kalispell Planning Department at the above address prior to the date of the hearing, or email us at
planlalll(;(c kalisi)ell.colrl.
NOTICE OF PUBLIC BEARING
K A,LIS PELL CITY PLANNING BOARD AND ZONING CoMMISSION
July 13, 2010
The regular meeting of the Kalispell City Planning Board and Zoning Commission is scheduled for
Tuesday, July 13, 2010, beginning at 6:00 PM in the Kalispell City Council Clambers, Kalispell
City Halt, 201 First Avenue East, Kalispell. The planning board will hold a public hearing and take
public comments on the following agenda item. The Board will make a recommendation to the .Kalispell
Cite Council who will take final action.
1. A request by Loren and Patti Everett to annex approximately 0.37 of an acre Kato the City of
Kalispell. The owners have requested R-3 (Urban Single Family Residential) zoning on the
property. The 0.37 acre project site is located on east side of South woodland Drive
approximately 200 feet north of the intersection of South woodland Drive and Haven Drive. The
property address is 1721 South woodland Drive. The property can be described as a portion of
Lot 22 of Block l of Greenacres subdivision located within Section 20, Township 28 North,
Range 21 west, P.I.M., Flathead County, Montana.
2. A request by the Freedom House of Kalispell, Inc. to operate a clean and sober house (The
Freedom House) for men recovering from alcohol or drug addictions. The property where the
Freedom House is located is zoned R--4 (Two Family Residential). Clean and sober houses are
not listed in the Kalispell Zoning ordinance. However, section 27.02.050 of the Kalispell Zoning
Ordinance allows the zoning administrator to determine the appropriate classification for a use
not listed in the zoning ordinance. Based on this section of the zoning ordinance and description
of the intended use of the property, the zoning administrator has classified the use as a
community residential facility requiring a conditional use permit to continue operating the
Freedom House in the R-4 zoning district. The Freedom House occupies one unit of a duplex
dwelling at 1128 Third Avenue west. The property is located on the west side of the street
midblock on Third Avenue west between 11 t" and 12t" Streets west. The property can be legally
described as Lot 4 of Block 145, Kalispell Addition 1 located within Section 18, Township 28
North, Range 21 west, P.M.M., Flathead County, Montana.
The Freedom House is operated as a clean and sober house which provides an environment for
persons actively seeking recovery from alcohol and other drugs. Under the Fair Housing Act and
the Americans with Disabilities Act, the city}s zoning regulations are required to provide
reasonable accommodations for such uses. Because of this requirement, no conditions may be
placed on the conditional use permit that would not otherwise apply to residences in general.
Additionally, the conditional use permit cannot be denied by the governing body and the public
hearing is intended as a forum for information and public comrn.ent.