02/02/76 Donahue to Pearce/Variance"IN THE HEART OF THE NATION'S PLAYGROUND"
KALISPELL, MONTANA 59901
February 2, 1976
Flathead County Attorney
Flathead County Court House
Kalispell, Montana 59901
Att: Stewart A. Pearce, II, Deputy
Re: Old Hospital Variance Request
Your File 7552-V
Dear Stewart:
I have your letter of January 28, 1976 concerning captioned
matter. I hope this situation does not get out of hand and
cause any ill feelings between Flathead County and the City
of Kalispell but the tenor of your letter indicates you are
critical of the City for dragging its feet in this matter.
I had some correspondence with Leonard Vadala last summer in
which I pointed out the steps you would have to take to secure
the variance. Apparently nothing was done by anyone in the
County offices to. institute the variance procedures at that
time. We have always been most willing to cooperate with you
in any way possible but we must insist that the City's procedures
be followed.
To further clear the air I note in some newspaper stories and in
your referenced letter you presume the non -conforming use of the
facility as a hospital obtained under a "grandfather" situation
also would permit the non -conforming use of "health related
services". I don't know where this designation crept in but
it is my contention that the only non -conforming use permitted
is the operation of a full service hospital. Some of the uses
set forth in the outline in your letter are certainly beyond the
scope of hospital operation. If you have some statute or case
law applicable to including "health related services" as synonymous
with a full service hospital I would be pleased to review them and
possibly change my opinion. I feel I must bring this to your
attention on the possibility that the Board of Adjustment would
deny your request for variance and residents of the vicinity would
seek to enjoin you from installing some of the "health related
services" set forth in your letter in the building. As I have
stated above, I hope this does not become a bone of contention
February 2, 1976
page 2.
between the Citv and the County but you should be fully aware
that we do not consider your broad definition of "health related
services" to the presently existing and permitted non -conforming
use of a full service hospital.
I would be pleased to discuss this with you at any time.
Very truly yours,
NORBERT F. DONAHUE
City Attorney
NFD:f1
cc: Mayor