02/10/76 Pearce to Donahue/VariancePATRICK M. SPRINGER, COUNTY ATTORNEY
LEONARD A. VADALA, CIVIL DEPUTY
TERRY J. HANSON, DEPUTY
RANDY K. SCHWICKERT, DEPUTY
Office of County Aftorney
flatkeaJCounty
KALISPELL, MONTANA 59901
Wrua& 1q, 1976
Norbcrt FDanahqe
VVY AttorRey
240 First Avenye West.
Jontan, !gyp,
ne! Mr 7110 40. 7552-Ir
Var&Dco Roquest, o1i vosnital
Dear Mr. Donahue!
P. O. BOX 121
COURTHOUSE WEST ANNEX
Thank you for your letter Of Pebruary 2, 1976, regarding the above.
I note From a Onding of tho second paragraph thereof that in your
of"n", "tala Of the PrOPOSed uses of the Fsubject f1cilit, hy
lathend County woull not qualify as legltimatO non-confurnipg uses,
and might possibly subject the CQ,t, tu an action for in unctivc,
Wiof as well J
qs M MOWS WWI Of the variance applicatior,
Per T"I an W tO the letter as well as the spirit f inter-
10cal cooperation, and in the hope that the racinty
for the mutun betterment of th, MUM county and the City of Kali
sPe"! at the same t0% 1 hereby request itemization of th,
fic proposeJ uses giving rise to your opinion, krned vith ,,h
list, it is nOt uUMNY that an accoptQla set of uses cooll be
arrlyrd at b0tw00n the City and the County, and this entire hubh"6
resolved for the benefit of both,
fare, to forward to me 0 list Of th lf VOU wOuld A so kind, the re-
e Offending proposed uses
at your an"Ost cOnvenience, I will forthwith present it to the
Commissiunets and OXMMAC a POSSible compromise in detail, I
in the sincere bape thmt this ca, b . ...... QQd Q
the February Z!, 1976. hearing date.
In the event it is impossible to reach an agreement as to pernitt,,
nses from oar proposal, 1 Wriwith rOquest your opinion as to pro-
per uses under the applicable Ordinance, Art. 1, SeC. 1. Zouin��
Ordinance Q the MY Of KaMpall. At the present time it is
unclear whether multiple-famil 7 Or MUCUS& use is the better
Ise of " facilityn which, T AM, should he principally an on-
gineoring decision. Q is my belief, and that of the Commissioners
however, Oat some CS01nation of tht proposeo uges WOUN res"It
it a lighter use than tither mutt iple-f1mily or oducationni, bot
WHO; pucchaved tho Ncility, it is ax"Ovitic that the County
Letter to Norbert F. Donahue
Dated February 10, 1976
Fez Oilr File No. 7552-V
must utilize it in the m.anner miost advantage-ou-s to the c,,Iea+er
1:I
numlier of citizcT)s within the perimeter of the law.
Pro-M an examination of ','Jayor Hap)'s J,etter. of July 21, 11975,
1 note that a "...health care facility," vrouli-4 be I ,.:Nermittel-,
11se, so it -may be that County V-Ielfare cmild augr;,ent certair. of
its programs in. the Old Hospital in tilio event It is
to othnri;trisc z)-se the site. T will co-nt-ict '14s. Rutli Davis of
that departr.,,.ent for -.3- list of progm,,.Ttis available, aml-l" will for-
receirt.
!Yitb 1-1,ary thanks for ymyr assistance, anA kiri tpersonal rog,:Irds.
r e, m a. 1, n
Very truly Yours,
OFFTCR OF TfIF COUNTY ATTORNEY
PUTHEAT) COTIN-vy- MI N�j'rA A
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SA P : j j
ce-, 1,1,ayor Happ 'V
of Ae"justments
Cotmty COT"TAIISS3.0nerS