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03/26/76 Pearce to Bd of Adjustments/Proof of HardshipOffilce of County Attorney Fktkead County KALISPELL, MONTANA 55901 PATRICK M. SPRINGER, COUNTY ATTORNEY P. O. BOX 121 LEONARD A. VADALA, CIVIL DEPUTY COURTHOUSE WEST ANNEX RANDY K. SCHWICKERT, DEPUTY (406) 755-5300 - EXT. 241 DENNIS J. HESTER, DEPUTY STEWART A. PEARCE, II, DEPUTY MEMO TO: City of Kalispell Board of Adjustments DATED: March 26, 1976 RE: Item 2. C. in letter from City of Kalispell Board of Adjustments, dated March 9, 1976: "C. Proof that a hardship exists in their not being able to use the area under the present zoning regulations." While it is often said that government has gotten too large, at the County and other levels, the fact remains that like it or not, more citizens demanding more services of government result in more government offices, and more employees in those offices. Flat- head County has, in recent years, experienced an influx of some 1,200 families per year, or 3,600 people increase per year if the "average" family is comprised of three people. These same families also add some 750 - 1000 automobiles per year to our already inade- quate streets, alleys and roads, all of which require more and better maintenance. That means more employees too. To the neces- sarily increased load generated upon government by this influx, add such Federal and State requirements as food stamp programs, sanitary approval for subdivisions, more restrictive and complex building and construction codes, greater accuracy in tax assessments, and the general increase in administrative workload brought about by more regulation of greater numbers of people. Into this framework, add the vastly increased case load imposed upon our Court system, all branches of law enforcement, and the health needs which necessitated the abandonment of the Old Hospital initially --its inadequacy is the direct -parallel of that of County government --that is, the structures which were adequate even 30 years ago, just at the end of World War II, simply cannot adequately house effective government in 1976. Flathead County has, thus far, managed to "plug the dyke" with the "finger" of acquiring rundown residential property as close as is feasible to the central Courthouse complex, doing cut rate ren- ovation thereto, and packing in the governmental workers. This is no longer a workable solution, if in fact it ever was; the offices are less efficient, each one requiring its own physical plant, tele- phone connections, etc. Communications between persons in the same department oftentimes are spread between buildings. The public is Memo to Board of Adjustments Dated March 26, 1976 Re: Item 2. C. Page 2 forced to wander hither and thither from office to office in the hope that what should require only minutes will take only hours, and not days. As usual, in certain situations, the County is paying rent for office space it otherwise would not have to rent; and not the least is the removal of these various structures from the tax rolls of Flathead County. Add to this the fact that Flathead County has, in Montana, the unique opportunity to preserve its lovely landmark Courthouse as a Courthouse, while consolidating the bulk of its administrative offices into a structure at this point adapted to little else. Evidence is before this Board as to the infeasibility of using the Old Hospital for a nursing home or hospital, or its conversion into multiple -family dwellings. The tract is also obviously unsuited for single-family purposes, unless a valuable building with a life of some 50 remaining years is razed. This facility can be used for college, church, or office purposes, sold to private enterprise for a similar purpose, or simply closed down. The latter alternative would soon present both a hazard to nearby families, the students at Hedges School, and would be an eyesore, devaluing properties in the entire area. Also, no tax base would exist, for a double loss. Add to this the necessary cost of some alternative housing for County government, probably in the form of a new structure, and with the current cost of new construction, some five to seven million dollars would likely be involved just to meet the present needs. Considering the present Zoning Regulations of the City of Kalispell, the County could use the present structure with no change in the present zoning regulations, for several beneficial uses; how- ever, this is not to say that the structure would be put to the highest and best use. It is noteworthy, I feel, to mention that under the list of permitted uses there is not a use that would afford the dollar value to the people of Flathead County that the administra- tive offices use would give the County as a return for this struc- ture. It is also worthy to mention that most of the uses permitted under the present zoning regulations would work a definite hardship on surrounding properties in that they would have a devaluating effect upon surrounding properties as opposed to the use variance applied for. The reason for this conclusion is, for example, if the property were used for college purposes, the pedestrian and vehicular traffic would be increased to such an extent as to have a definite devaluation effect on surrounding property. If the property were sold to private enterprise for the purpose of conversion into apart- ments it would have a lesser effect with regard to increasing the tax base of Flathead County than the beneficial effect that would be derived if the County is permitted to use it for administrative .. ...,, , Vmlu u4 tiajus.zmenzs Dated March 26,1976 Re: Item 2. C Page 3 offices. Also, it is noteworthy, as testified to by Commissioner Frank Guay, that the County will have to go into a courthouse expansion program if this variance applied for is not granted. This would have a tremendous and burdensome effect upon the tax- payers of Flathead County because of the cost of a new courthouse facility. Should this building be permitted to be used as the variance application implies, it will forestall and do away with the necessity of any kind of bond issue in the near future for a new courthouse complex. For all the reasons set out herein, it is the opinion of this writer that the highest and best use that this building can be used for is the proposal pending before this honorable board and any other use would be a more intensified use and have a more detrimental effect on surrounding property values. This honorable board has asked the County for proof that hard- ship exists should they not be able to use this building under the present zoning regulations. Anyone may visit the present courthouse complex just to view the crowded conditions under which most units of Flathead County government function. It is readily apparent that additional office space is critical, not to mention the fact that the two (2) Judges experience tremendous case load and it is readily apparent that the Court structure is badly in need of additional space to adequately handle its proper functional departments. Respectfully submitted, OFFICE OF THE COUNTY ATTORNEY FLATHEAD COUNTY, MONTANA BY Stewart A. Pearce, II, Deputy