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02/20/76 Donahue to Pearce/Variance Request"SIN THE HEART OF THE NATION'S PLAYGROUND" KALISPELL, MONTANA 59901 February 20, 1976 Stewart A. Pearce, II Deputy County Attorney P. 0. Box 121 Kalispell, Montana 59901 Re: Old Hospital Variance Request Dear Mr. Pearce: Reference your letter of February 19, 1976. I thought I answered your questions adequately in our telephone conversation of February 19, 1976. As I pointed out in that conversation, as well as in my letter of February 2, 1976, the City of Kalispell wishes to cooperate in any way possible in your efforts to obtain a use variance for the old hospital property. However the Board of Adjustment is the body to act on your request and, by Montana law, that body has certain pre- rogatives independent of the City Council. Any "negotiating" by the County will have to be done with the Board of Adjustment. My position as City Attorney is that the old hospital property has a pre-existing non -conforming use as a "hospital". Any other use not part of a function of a full service hospital may be non -conform- ing to the existing zoning in that area and may need a variance granted by the proper authority. What is or what is not reasonably and logically part of a "hospital" use should be apparent and there- for I cannot furnish you with a "list" as you request. If a variance is denied by the Board of Adjustment, I am sure they will voice their reasons for denial and you can proceed from that point. I hope this answers your questions and clears up your apparent mis- understanding of the position of the City of Kalispell. Very truly yours, NORBERT F. DONAHUE City Attorney NFD : f 1 CC: Board Adjustment Mayor If