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