Staff Report/Preliminary PlatPlanning Department
201 V Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Kalispell Mayor and City Council
FROM: Nicole C. Johnson, Planner II
James H. Patrick, City Manager
SUBJECT: Preliminary Plat approval of Legends Court and approval of a
variance to the Kalispell Subdivision Regulations
MEETING DATE: June 16, 2008
BACKGROUND: This is a preliminary plat request for a three lot minor subdivision
on two existing residential tracts of land located at 1224 Fourth Avenue West in
Kalispell. The site is just under one-half acre in size and contains a single family
residence and a number of accessory structures, including a garage and sheds. All
but the existing home will removed from the site. The property is zoned R-4, Two -
Family Residential, and lies on the west side of Fourth Avenue West a couple hundred
feet south of 12th Street West. Fourth Avenue in this area dead -ends approximately
200 feet to the south and will likely never be widened or extended south due to
existing development, Ashley Creek and a lack of need. The three lots would range in
size from 6,000 square feet to 8,000 square feet.
In conjunction with the preliminary plat request, the applicant is seeking a variance
from the Kalispell Subdivision Regulations. Fourth Avenue West has a 40 foot right-
of-way and the local street standard is 60 feet - a 10 foot dedication is required. The
applicant is proposing to place a 10-foot easement adjacent to the Fourth Avenue
West right-of-way in place of an actual dedication. The easement would functionally
provide the same improvements as dedicated land such as a sidewalk, boulevard and
street trees. Without this relaxation, the proposed subdivision would not meet the R-
4 district's property development standard for minimum lot size. There are unique
circumstances in this case that provide the basis for staff support of the variance.
RECOMMENDATION: A motion to approve the variance to the Subdivision
Regulations Section 3.08(C) and 3.09 (Table 1) and preliminary plat with the 13
conditions attached in staff report KSR-08-1 would be in order.
FISCAL EFFECTS: Positive impacts once fully developed.
ALTERNATIVES: As suggested by the City Council.
Respectfully submitted,
Nicole C. Johnson
Planner II
Report compiled: June 11, 2008
�Ja Patrick
City Manager
Attachments: Staff Report KSR-08-01 and application materials
c: Theresa White, Kalispell City Clerk
Narda Wilson, 184 Midway Drive, Columbia Falls, Montana 59912
Tracy Gardner, P.O. Box 2854, Kalispell, Montana 59903
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C:lT.Y!°
WHEREAS, Tracy Gardner, owner of the certain real property described above, has petitioned for
approval of the Subdivision Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Kalispell Planning Office has reviewed the proposed subdivision and made a
report (#KSR-08-1) to the City Council of the City of Kalispell, said report
considering the criteria set forth in Section 76-3-608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 16,
2008, reviewed the Kalispell Planning Office Report #KSR-08-1, and found from the
Preliminary Plat, and evidence, that the subdivision is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANAFOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KSR-08-1 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Tracy Gardner for approval of the Preliminary Plat of
Legends Court Subdivision, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions
1. That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. A variance shall be granted to allow a 10-foot non-exclusive access and utility easement along
the east side of all three lots abutting Fourth Avenue West to serve as a pseudo public right-of-
way in lieu of a dedicated right-of-way.
3. The access design for the lots shall meet the provisions outlined in Chapter 5 of the
International Fire Code regarding fire service features and the design shall be reviewed and
approved by the Kalispell Fire Department. Prior to combustible construction, all-weather
driving surfaces, water supply infrastructure, hydrants and street signs need to be in place.
(FINDINGS OF FACT, Section A — Fire and Access)
4. Prior to M excavation or earthwork, a City Stormwater Management Permit shall be approved
and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600,
the permit shall include a permit application, site map, narrative describing the best
management practices to be used and a completed checklist. At the time of final plat, the
developer shall certify that the development is in compliance with the approved City
Stormwater Management Permit. (Ordinance 1600 and FINDINGS OF FACT, Section C -
Drainage)
Prior to Final Plat
5. Demonstrate that the existing buildings on the property that are to be retained comply with the
setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be
removed prior to final plat. (FINDINGS OF FACT, Section F — Compliance with Zoning)
6. The 10-foot easement along Fourth Avenue West shall include a minimum five foot sidewalk,
boulevard and street trees as approved by the Kalispell Public Works and Parks and Recreation
Departments. A plan shall be approved by each department and the improvements installed
prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A — Access and
Kalispell Subdivision Regulations, Appendix A)
7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three
foot buffer from the trunk of the tree. The replacement tree shall be an approved species and
meet the International Society of Arborist (ISA) standards.
8. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved
driveway and a minimum of two off-street parking spaces in accordance with the Kalispell
Zoning Ordinance. The parking spaces may not extend into the 10-foot sidewalk easement
abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning
Department. (FINDINGS OF FACT, Section A — Parking)
Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a
house oriented street design.
9. That the shared common road and utility easement located between lots 1 and 3 shall provide
access for all three lots. The easement shall be non-exclusive and encompass the full extent of
the flag portion of Lot 2 to ensure lots 1 and 3 have full access along the east and west portion
of the lots. The access road shall be paved and shall be constructed to a minimum 14-foot
width. (FINDINGS OF FACT, Section A — Access)
10. A maintenance agreement for the private drive access and utility easement shall be developed
and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The
agreement shall include provisions for paving, maintenance, snow removal, etc. The owner
shall record the agreement with the filing of the final plat. (FINDINGS OF FACT, Section A —
Access)
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
12. That a note shall be placed on the face of the final plat which waives protest to the creation of a
special improvement district for the future upgrade of Fourth Avenue West (Kalispell
Subdivision Regulations Section 3.09, (J))
On -going Conditions
13. That preliminary plat approval shall be valid for a period of three years from the date of city
council approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
CITY OF KALISPELL, THIS 16TH DAY OF JUNE, 2008.
Pamela B. Kennedy
Mayor
Theresa White
City Clerk
LISPELL PLANNING DEPARTMENT
LEGENDS COURT SUBDIVISION
SUBDIVISION REPORT SR-08-01
JUNE 11, 2008
This is a report to the Kalispell City Council detailing findings of fact for a minor
residential subdivision. The request is scheduled to be discussed on June 16, 2008
starting at 7:00 P.M. in the Kalispell City Council Chambers.
BACKGROUND INFORMATION: The applicant has requested preliminary plat
approval for a three lot subdivision on two existing tracts of land located at 1224
Fourth Avenue West in Kalispell. The project meets the criteria for a minor
subdivision per Section 2.05 (B) of the Kalispell Subdivision Regulations. Records
indicate the two tracts were created by grant deed in the early 1940's which is prior to
July 1, 1973 - the cut-off date for minor subdivisions.
A variance from the Kalispell Subdivision Regulations (Section 3.09) has also been
requested to allow a 10-foot easement along Fourth Avenue West in place of a formal
10-foot right-of-way dedication as required by the regulations. Without this variance
no further subdivision of the property could be accomplished as the lots would not
meet the current R-4 zoning district's property development standards. The proposal
would allow for the standard sidewalk, trees and boulevard improvements. This
report evaluates the proposal in accordance with Section 2.07 of the Kalispell
Subdivision Regulations.
A. Owner/Applicant: Tracy Gardner
P.O. Box 2854
Kalispell, Montana 59903
253-9039
B. Technical assistance: Narda Wilson
184 Midway Drive
Columbia Falls, Montana 59912
892-4898
Marquardt Surveying
201 Third Avenue West
Kalispell Montana 59901
755-6285
C. Nature of the Request: This is a request for a three lot residential subdivision
from two existing tracts of land. Technically, only one additional lot is being
created. There is an existing single family home on the property as well as a
number of other structures, including a garage and a couple of sheds. The owner
intends to retain the existing house (Lot 3), but remove the other structures.
Construction of single family homes or duplex/townhouse-type dwellings can be
expected on the north and west lots (Lot 1 and Lot 2). The original tracts of land
equal 0.437 of an acre. In the proposal, lots 1 and 3 front Fourth Avenue West
and Lot 2 is designed as a "T" shaped flag lot. The 20-foot wide flag portion of Lot
2 will provide for a common driveway that all three lots would have access to.
This is considered an infill situation as the neighborhood is well established and
there is an existing home on the property (Figure 1 below).
FIGURE 1. Existing home on the property.
D. Location and size of Property: The address of the property is 1224 Fourth
Avenue West which is located on the west side of the street and is just south of
12th Street West. The property is approximately 0.473 of an acre in size and can
be legally described as Assessor's Tracts 8T1 and 8T11 in Section 18, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
Proposed lot sizes
Lot 1:
6,052 square feet
Lot 2:
8,512 square feet
Lot 3:
6,055 square feet
E. Existing land use and zoning: There are a number of accessory structures on
the property including a single family home, a garage and two other structures.
All structures on the property will be removed except for the home as shown in
Figure 1 above. Records indicate the two tracts of land were created in 1946
through a grant deed and have never been further subdivided. The property is
zoned R-4 Two Family Residential, which is intended primarily for single family
and duplex (two -unit townhouse) dwellings. The minimum lot size requirement is
6,000 square feet and a minimum lot width of 50 feet.
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The two existing tracts of land meet the R-4's lot size requirements. As proposed
the three lots, each 6,000 to 8,000 square feet in size, would also conform to
these standards. However, a variance would be needed from the subdivision
regulations to allow the owner to provide an easement instead of a right-of-way
dedication along Fourth Avenue West. A discussion of the variance request and
the associated zoning issues are discussed below in Findings of Fact, Section H
(Compliance with the Subdivision Regulations).
F. Adjacent Land Uses and Zoning: This property is located in an older residential
neighborhood characterized by single family homes on large lots anywhere from
10,000 square feet to over an acre in size.
North: Single family residential, R-4 zoning
South: Single family residential, R-4 zoning; County R-5; Ashley Creek
East: Single family residential, R-4 zoning; Legends Field, P-1 zoning
West: Single family residential, R-4 zoning
Sewer service: City of Kalispell
Water service: City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyTel
Police:
City of Kalispell
Fire:
Kalispell Fire Department
Natural Gas:
Northwestern Energy
Cable:
Bresnan Communications
Schools:
School District #5, Kalispell
r � r
This application is reviewed as a minor subdivision in accordance with statutory
criteria and the Kalispell City Subdivision Regulations.
A. Effects on Health and Safety:
Fire: This subdivision is in the service area of the Kalispell Fire Department.
The property can be considered to be at low risk of fire because the subdivision
and homes within the subdivision would be constructed in accordance with the
International Fire Code and have access which meets City standards. A fire
hydrant currently exists on the east side of Fourth Avenue West approximately
40 feet from the subdivision site. Prior to combustible construction, all-weather
driving surfaces, water supply infrastructure, hydrants and street signs would
need to be in place.
Flooding: None of this area is located in the 100 year floodplain per FEMA map
number 30029C 1815G dated September 28, 2007.
FIGURE 2. Existing access from Fourth Avenue West.
SOUTH ACCESS
NORTH ACCESS
Access: Currently the property abuts Fourth Avenue West and the driveway is
configured in a half circle with two curb cuts onto the street. The proposed
subdivision has been designed to reduce the number of access points onto
Fourth Avenue West by providing one common drive for all three lots. This
design promotes a house oriented streetscape by allowing for garages to be
constructed in the rear portion of lots 1 and 3. This access design shall meet
the provisions outlined in the International Fire Code.
The proposed shared access on the flag portion
of Lot 2 is approximately 117 feet in length and
should be paved to a minimum 14 foot width.
To ensure that lots 1 and 3 have access to the
furthest extent of their property and promote
that house forward design (construction of
garages in the rear), the shared access and
utility easement shall encompass the full extent
of the flag portion of Lot 2. This is represented
in the drawing in the top of Figure 3. In the
past, when shared access easements did not
run to the fullest length of one or more of the
lots (bottom drawing), future development and
placement of a garage became restrictive for
those lots that did not have full access to their
property from the shared drive. The property
owner would also be required to draft a
maintenance agreement for all three lots for
paving, maintenance, snow removal, etc. for the
shared driveway. The shared driveway is
required to be paved to city standards.
The closest sidewalks in this neighborhood are
along the east side of Fourth Avenue West one
FIGURE 3. Easement.
FOURTH AVENUE WEST
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block north and on 11th Street West. As required by the Section 3.11 of the
Kalispell Subdivision Regulations, sidewalks or cash -in -lieu of a sidewalk (if
construction is premature) is required. The entire length of the property along
Fourth Avenue West will be improved with a five foot minimum sidewalk,
boulevard and street trees. The applicant has requested to locate the sidewalk
within a 10-foot easement in place of a formal right-of-way dedication as
required in the subdivision regulations. A variance from the right-of-way
dedication has been requested and is further discussed below under Section H
(Compliance with the Kalispell Subdivision Regulations).
The Parks and Recreation Department recommended that the tree located on
Lot 1 be replaced if the sidewalk cannot be placed outside of a three foot buffer
from the trunk of the tree. In the past, when sidewalks are constructed
immediately adjacent to existing trees and roots are damaged, the trees become
stressed. This welcomes disease into the area and in many cases the tree
expires. The replacement tree shall be an approved species and meet the
International Society of Arborist (ISA) standards. All other trees within the
subdivision should be retained where possible.
FIGURE 4. Fourth Avenue West right-of-way and property frontage where
public access is required to be provided.
Parkin: As indicated previously, the developer intends to retain the existing
home, but remove the other accessory structures, including the garage. A
condition has been added requiring a parking plan to be submitted for Lot 3
where the existing house is. The Kalispell Zoning Ordinance requires that two
off-street parking spaces be provided within the lot area. The parking spaces
may not encroach upon the right-of-way or sidewalk easement abutting Fourth
Avenue West. The applicant is encouraged to use the rear portion of the lots
for required parking to accomplish the Growth Policy's goal of a house oriented
street design.
S. Effects on Wildlife and Wildlife Habitat: This property is within a developed
portion of Kalispell and is surrounded by urban development. No significant
habitat for wildlife or endangered species are present based on mapping
information in Appendix A, Resources and Analysis Section, of the Kalispell
Growth Policy.
C. Effects on the Natural Environment:
r
Surface and groundwater: This subdivision will be served by public water and
sewer thereby minimizing any potential impacts to the groundwater. The
closest surface water is Ashley Creek which lies approximately 600 feet to the
south of this property. No impacts are anticipated by the development of this
property.
Drainage: This property in general is level and does not pose any challenging
development constraints. The stormwater generated from the site will be
required to be maintained on site or discharged to the existing storm drainage
system within the Fourth Avenue West right-of-way. Run-off created by the
development shall not be directed onto adjacent properties.
Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. At the time of final plat, the developer shall certify that
the development is in compliance with the approved City Stormwater
Management Permit.
Water: Water service to the subdivision would be provided by the City of
Kalispell and taken from a water main that lies within the Fourth Avenue West
right-of-way. There is adequate capacity within the City's water system to
accommodate this development. Individual hook-ups and meters will be
required for each lot.
Sewer: Sewer service will be provided by the City of Kalispell. Individual
service will be required for each townhouse lot and the existing house. To
accomplish this either a main may be needed to be extended along the shared
access road if individual service lines prove unfeasible. There is adequate
capacity within the sewage treatment plan to accommodate this development.
Roads: Traffic projections for this subdivision are estimated to be
approximately 28-40 vehicle trips per day based on the estimate of 7 - 10
vehicle trips per residence per day into the area. Currently Fourth Avenue
West is a quiet local road. While traffic will increase to some degree, the
addition of two townhouse lots will be minor and insignificant.
0
Fourth Avenue West's right-of-way is currently 40 feet in width and does not
meet the Kalispell Subdivision Regulation standards. Section 3.09 requires
right-of-way dedication where right-of-way widths do not meet standards to
allow for future improvements and maintenance. In this case, the owner is
asking for a variance from this regulation. In place of the 10-foot right-of-way
dedication as required for a "local" street, the owner has offered to place a 10-
foot easement along Fourth Avenue West where the existing trees may be
retained in the boulevard and a sidewalk would be constructed. Section H
(Compliance with the Kalispell Subdivision Regulations) provides further
details on the variance request.
Regardless of an easement or right-of-way, the subdivision regulations allow
the City Council to require the owner to waive their right to protest a special
improvement district (SID) to upgrade existing streets which provide access to
minor subdivisions in lieu of actual street improvements. This is done to avoid
upgrading small sections of road. As such, a note should be placed on the face
of the final plat which waives protest to the creation of a special improvement
district for the upgrade of Fourth Avenue West in the future. Presently this
may include sidewalks, storm drains and street trees.
Schools: This development is within the boundaries of the Kalispell School
District #5. The school district could anticipate that an additional three school
aged children might be generated into the district at full build out. This
number is used because it takes into account pre-school aged children, home
school education options and private school education option. Not all of the
children who live in the subdivision will be attending public schools. This
would not have a significant impact on the district.
Parks and Open Space: The state and local subdivision regulations exempt
minor subdivisions from the parkland / open space requirement when only one
lot is being created. Although the proposal is for a three lot subdivision, two
lots exist so technically only one additional lot is being created.
At the time of inspection, the trees on this property had not budded out. Now
it appears that some of the trees in front of the existing home (proposed Lot 3)
may be dead or dying. These trees appear to be located within the Fourth
Avenue West right-of-way and as such will be removed by the Parks and
Recreation Department when necessary. At such time, replacement of the
trees will be discussed.
Police: This subdivision would be in the jurisdiction of the City of Kalispell
Police Department. The department can adequately provide service to this
subdivision, however the cumulative impacts of growth within the city further
strains the department's ability to continue to provide the high level of service
the department is committed to.
Fire Protection: Fire protection services will be provided by the Kalispell Fire
Department, and the subdivision will need to meet the requirements of the
International Fire Code. Fire risk is low because of good access and fairly level
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terrain and urban environment. There is an existing hydrant located near this
property.
Solid Waste: Solid waste will be handled by the City of Kalispell and the
existing home is currently served by the city. There is sufficient capacity
within the landfill to accommodate the additional solid waste generated from
this subdivision.
Medical Services: Ambulance service is available from the fire department and
ALERT helicopter service. Kalispell Regional Hospital is close, less than three
miles from the site.
E. Effects on Agriculture and agricultural water user facilities: The site has
not been traditionally used for agricultural purposes and is well suited for
urban residential development. Its location within city limits and its proximity
to urban services makes this property appropriate for the type of development
being proposed. There will be no impact on agricultural uses within the Valley
and no impact on agricultural water user facilities since this property will be
served by a public water system.
P. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy's future
land use map for the area indicates this area is anticipated to be developed as
Urban Residential. These areas are typically served by municipal water and
sewer and have good access to other services and public facilities. This land
use designation allows a density of three to 12 dwelling units per acre. The
proposal would be built at a density of 5 units per acre. This subdivision is in
compliance with the Kalispell Growth Policy and its goals and policies.
G. Compliance with Zoning: This property is zoned R-4, an Urban Two -Family
Residential zoning district that is intended for single-family and duplex (two -
unit townhouse) development. The setbacks in this zone include a 15 foot front
setback, 10 foot rear setback and 5 feet on either side. Prior to final plat, the
applicant must demonstrate that the house is within the required setbacks for
the R-4 zone and the other existing structures are removed. The setbacks for
Lot are as follows: 15 foot front setback on the north end of Lot 2, 10 foot rear
setback on the south end of Lot 2 and five foot side setbacks for the east and
west portions of Lot 2. No structures may encroach upon the shared access
drive. Lots 1 and 3 front Fourth Avenue West and therefore setbacks would be
oriented towards the street.
The proposed subdivision would comply with the R-4 zoning which has a
minimum lot size requirement of 6,000 square feet and a minimum lot width of
50 feet with a variance from the Subdivision Regulations. The applicant has
requested a variance from the regulations to locate a 10-foot easement along
Fourth Avenue West in place of the required right-of-way dedication. Without
approval of the variance, lots 1 and 3 would not comply with the 6,000 square
foot minimum lot size and in the rear lot (Lot 2) the 50-foot lot width
requirement and therefore the subdivision would not be in compliance with the
above zoning regulations.
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E_ Compliance with the Kalispell Subdivision Regulations: This subdivision
complies with all aspects of the Kalispell Subdivision Regulations except for the
width of the abutting right-of-way on Fourth Avenue West. Fourth Avenue
West has only a 40-foot right-of-way and an additional 10 feet of right-of-way
would be required to comply with the adopted standards of 60 feet for local
roads according to Table 1, Section 3.09 of the Kalispell Subdivision
Regulations.
Due to unique circumstances, the applicant has requested a variance from
these subdivision regulations to place a 10-foot easement along Fourth Avenue
West in place of the required right-of-way dedication. The easement would
function much in the same manner that a right-of-way would by providing
public pedestrian access (a sidewalk), a boulevard and street trees. As the land
in the easement would not be technically excluded from the lots, the lots would
then meet the minimum development standards in the R-4 zone. If the
variance is not approved, the applicant would not be able to subdivide the
property. The variance is addressed below:
SECTION 3.08 (C) states "Any public or private street or road providing ingress
and egress to a subdivision shall meet the street design standards and
specifications stated in Section 3.09 of these Regulations."
SECTION 3.09 - Table 1 requires 60 feet of right-of-way for local roads.
Evaluation of the Variance Request The Kalispell Subdivision Regulations provide for
the granting of variances subject to the adoption of findings outlined under Section
7.01(A) and findings made that the following criteria are met, each of which is discussed
below.
1. The granting of the variance will not be detrimental to public health, safety or
general welfare or injurious to other adjoining properties.
The applicant proposes designating a 10-foot easement along the entire
frontage of the property immediately adjacent to Fourth Avenue West in
place of a formal right-of-way dedication to the City of Kalispell. The
easement would serve as an access and utility easement and be required
to be non-exclusive. A five foot sidewalk is planned and the existing trees
and boulevard will be preserved where possible. With these conditions,
the easement would function in much the same way that a right-of-way
would. Should the variance be granted to allow an easement rather than
a public right-of-way, the property owner's would be responsible for the
maintenance of the boulevard, sidewalk and street trees. A condition has
been added to require a note be placed on the final plat to that effect.
Additionally, the owner will be required to waive their right to protest the
creation of a Special Improvement District (SID) to allow for future
improvements to the street. Risk to the public health, safety and general
welfare would not be greater in this case than if the right-of-way was
dedicated.
2. The conditions on which the variance is based are unique to the property on
which the variance is sought and are not applicable generally to other property.
• The configuration of the lots was necessitated to insure that all of the lots
in the subdivision comply with the minimum lot size and minimum width
standards of the R-4 zoning district, a condition of preliminary plat
approval.
• Dedicating 10 feet of additional right-of-way along Fourth Avenue West
would reduce the proposed lot sizes below the 6,000 square foot minimum
for the R-4 zone and would prohibit the owner from creating the third lot.
A 10 foot easement would not impact the proposed lots sizes and would
provide functionally the same improvements as a dedicated right-of-way -
a sidewalk with adjacent boulevard. However, an easement does not
afford the security a public right-of-way does in that the city does not own
the public access, utility and area where future road improvements may be
necessary.
Figure S. Ashley Creek is located to the south of the subject property.
• Fourth Avenue West ends approximately 200 feet to the south and the
applicant made the case that the 10 feet of right-of-way would not be
needed. The street serves approximately 12 residences and is not
expected to be widened or extended south due to a lack of necessity,
existing development and geographic constraints. Ashley Creek, an
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impaired stream, is located about 600 feet to the south and would likely be
an impediment to any plans to extend the street. Figure 5 below shows
where the proposed development is located in relationship to Ashley Creek
and development to the south.
® While the Public Works Department was satisfied with the sidewalk,
boulevard and trees, they had reservations about allowing a deviation
from a dedicated right-of-way to a dedicated easement. Recently, right-of-
way dedications have been required on subdivisions just a couple of
blocks to the west. Streets such as Fifth, Sixth and Seventh Avenues West
do not meet the minimum right-of-way standards like Fourth Avenue West
in this area. These roads, however, do not dead end and provide
connections to Sunnyside Drive, connecting the older parts of Kalispell to
the newer southwest portions of the city. Therefore, additional right-of-
way has been required for subdivisions along those streets. The
additional right-of-way is important because it brings the street closer to
the minimum right-of-way standards and allows for the future expansion
and maintenance of those roads. The department wanted to make clear
that allowing an easement instead of a right-of-way dedication in this case
is specific to this site and situation.
3. Because of the particular physical surroundings, shape or topographical
conditions of the specific property, a particular hardship would result as
distinguished by a mere inconvenience if the strict letter of the regulations were
enforced.
® There are special physical characteristics of the site which create a
hardship. The Fourth Avenue West right-of-way was established prior to
the 60-foot minimum right-of-way requirement standard used by both the
City and Flathead County. The two existing lots are located within an
older neighborhood in Kalispell where the right-of-way is 40-feet. Many of
the existing structures exist immediately adjacent to the right-of-way
making expansion of the street difficult. Fourth Avenue West also dead
ends approximately 200 feet to the south where school property, developed
tract land, and Ashley Creek exist. It is unlikely that this street would be
widened or extended to the south due to the above mentioned physical
factors.
® As indicated previously, the Kalispell Growth Policy promotes infill in areas
where infrastructure is in place and services exist. However, in some
cases the street standards identified in the Kalispell Subdivision
Regulations make that policy difficult to accomplish due to the minimum
right-of-way widths. In the older parts of town, where infill projects are
likely, those minimum right-of-way widths leave the applicant with few
options. Granting this variance will further the goals and policies of the
master plan by providing an opportunity for infill in an established urban
area of the city.
11
Note: The growth policy also speaks to the need to bring substandard
right-of-way up to required widths. The subdivision process has
consistently been an effective means of procuring right-of-way.
4. The variance will not cause a substantial increase in public costs.
Generally right-of-way acquisition to widen or improve streets often makes
up a significant portion of the expense to accomplish an upgrade.
However, it unlikely that there will be an increase in costs to the public as
a result of this variance because the sidewalk, boulevard and street trees
would be maintained by the property owners whose lots adjoin the
sidewalk. Simply leaving the existing right-of-way would not result in any
increased cost to the public since there would be adequate width within
the existing right-of-way if Fourth Avenue West were to be reconstructed.
However, this is unlikely due to the level of use, traffic volumes and the
fact that the street ends approximately 600 feet south of the site and due
to topography and Ashley Creek, there is little chance Fourth Avenue West
will continue further south. There can be no foreseen costs that would be
passed on to the public as a result of granting this variance.
5. The variance will not, in any manner, vary the provisions of any adopted zoning
regulations or growth policy.
This property is within the limits of the Kalispell and is zoned R-4, Two -
Family Residential. This zone requires that lots be a minimum of 6,000
square feet in size and that the width of a lot be at least 50 feet. By
granting this variance to the Kalispell Subdivision Regulations' access and
right-of-way requirements and allowing a sidewalk to be placed within a
sidewalk easement instead of a dedicated right-of-way, the minimum lot
size and width requirements of this zoning district for this property can be
met.
The Kalispell Growth Policy encourages infill in areas where utilities and
infrastructure are available. Therefore, granting this variance will further
the goals and policies of the Kalispell master plan by providing an
opportunity for infill in an established urban area of the city. This
variance request does not vary the provisions of the zoning ordinance nor
does it compromise the goals and policies of the Kalispell Growth Policy
2020.
VARIANCE SUMMARY
The Public Works Department feels ownership of the right-of-way puts the
department and the city in a better management position. However, due to unique
circumstances on the property - dead end street, obstacles to widening and
connections to the south, the fact that the easement would function in the same
manner as the right-of-way (boulevard, sidewalk, street trees) - it seems reasonable to
support a variance to the standards in this case. A precedent is not be set for other
infill developments in existing neighborhoods in Kalispell.
12
LUMMD)ORMW MOIL,
Staff recommends that the Kalispell City Council adopt staff report #KSR-08-01 as
findings of fact and approve the variance and preliminary plat subject to the following
conditions:
General Conditions
1. That the final plat for the subdivision shall be in substantial compliance with the
approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C - Final
Plat)
2. A variance shall be granted to allow a 10-foot non-exclusive access and utility
iasement along the east side of all three lots abutting Fourth Avenue West to
serve as a pseudo public right-of-way in lieu of a dedicated right-of-way.
3. The access design for the lots shall meet the provisions outlined in Chapter 5 of the
International Fire Code regarding fire service features and the design shall be
reviewed and approved by the Kalispell Fire Department. Prior to combustible
construction, all-weather driving surfaces, water supply infrastructure, hydrants
and street signs need to be in place. (FINDINGS OF FACT, Section A - Fire and
Access)
4. Prior to any excavation or earthwork, a City Stormwater Management Permit
shall be approved and issued from the Kalispell Public Works Department. In
accordance with Ordinance 1600, the permit shall include a permit application,
site map, narrative describing the best management practices to be used and a
completed checklist. At the time of final plat, the developer shall certify that the
development is in compliance with the approved City Stormwater Management
Permit. (Ordinance 1600 and FINDINGS OF FACT, Section C - Drainage)
Prior to Final Plat
5. Demonstrate that the existing buildings on the property that are to be retained
comply with the setback requirements of the R-4 zoning district. Buildings not
intended to be retained shall be removed prior to final plat. (FINDINGS OF FACT,
Section F - Compliance with Zoning)
6. The 10-foot easement along Fourth Avenue West shall include a minimum five foot
sidewalk, boulevard and street trees as approved by the Kalispell Public Works and
Parks and Recreation Departments. A plan shall be approved by each department
and the improvements installed prior to final plat or adequately bonded for.
(FINDINGS OF FACT, Section A - Access and Kalispell Subdivision Regulations,
Appendix A)
7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed
outside of a three foot buffer from the trunk of the tree. The replacement tree
shall be an approved species and meet the International Society of Arborist (ISA)
standards.
13
8. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall
provide a paved driveway and a minimum of two off-street parking spaces in
accordance with the Kalispell Zoning Ordinance. The parking spaces may not
extend into the 10-foot sidewalk easement abutting Fourth Avenue West. The plan
shall be reviewed and approved by the Planning Department. (FINDINGS OF
FACT, Section A - Parking)
Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to
accomplish a house oriented street design.
9. That the shared common road and utility easement located between lots 1 and 3
shall provide access for all three lots. The easement shall be non-exclusive and
encompass the full extent of the flag portion of Lot 2 to ensure lots 1 and 3 have
full access along the east and west portion of the lots. The access road shall be
paved and shall be constructed to a minimum 14-foot width. (FINDINGS OF
FACT, Section A - Access)
10. A maintenance agreement for the private drive access and utility easement shall
be developed and reviewed by the Kalispell Planning Department prior to final
plat for the subdivision. The agreement shall include provisions for paving,
maintenance, snow removal, etc. The owner shall record the agreement with the
filing of the final plat. (FINDINGS OF FACT, Section A - Access)
11. All utilities shall be installed underground. (Kalispell Subdivision Regulations,
Section 3.17).
12. That a note shall be placed on the face of the final plat which waives protest to
the creation of a special improvement district for the future upgrade of Fourth
Avenue West (Kalispell Subdivision Regulations Section 3.09, (J))
On -going Conditions
13. That preliminary plat approval shall be valid for a period of three years from the
date of city council approval. (Kalispell Subdivision Regulations, Section 2.04).
14
` :1 ! • !' !91
VARIANCES: ARE ANY VARIANCES REQUESTED? yes (yes/no) If yes, please complete
the information below:
SECTION/REGULATION OF REGULATIONS CREATING HARDSHIP:. - This is a request for a
variance to the Kalispell Subdivision Regulations, Section 3.09, Table 1, Street and Roads — Design
Standards which requires a 60 foot right of way for local streets
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF
REGULATIONS: - The south end of 4 h Avenue West is an existing City street which has a 40 foot
right-of-way from 12'' Street West to the end of the road for the entire length. This street was created
around the late 1930's or early 1940's and the area since developed on urban scale lots with modest
homes. The requirement to dedicate an additional 10 foot right of way would reduce proposed Lots 1 and
3 below the required minimum square footage of the R-4 zoning district of 6,000 square feet by about 460
square feet. By creating a sidewalk easement instead, the required minimum square footage of the R-4
zoning district can be met while still accommodating the need for a sidewalk.
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS:
The proposed alternative to the strict compliance with the dedication of additional right-of-way is to
provide a 10 foot sidewalk easement instead. A minimum 5 foot sidewalk would be constructed within
the 10 foot sidewalk easement which essentially results in the salve improvements, but without an actual
dedication of right-of-way and the reduction of the square footage of the lots.
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or general welfare or
injurious to other adjoining properties?
a There will be no detriment to the public health, safety or general welfare since a sidewalk would still
be constructed within the easement along with a boulevard. The sidewalk would be open for public
use which would benefit the public and the adjoining properties.
2. Will the variance cause a substantial increase in public costs?
There will be no increase in costs to the public as a result of this variance because the sidewalk would
be maintained by the property owners whose lots adjoin the sidewalk. Simply leaving the existing
Legends Court Subdivision Variance
1
right-of-way at 40 feet will not result in any increased cost to the public since there would be
adequate width within the existing right-of-way if 4th Avenue West were to be reconstructed.
However, this is unlikely because of the level of use, traffic volumes and the fact that the street is a
dead-end.
Will the variance affect, in any manner, the provisions of any adopted zoning regulations or
Master Plan?
This property is within the city limits of Kalispell and is zoned R-4, Two Family Residential, which
has a minimum lot size requirement of 6,000 square feet. By granting a variance to the right-of-way
requirements and allowing a sidewalk to be placed within a sidewalk easement instead, the minimum
lot size requirements of this zoning district and for this property can be met. The Kalispell Growth
Policy encourages infill in areas where utilities and infrastructure are available. Hence, granting this
variance will further the goals and polices of the Kalispell "master plan" by providing an opportunity
for infill in an established urban area of the city. This variance will not affect any provision of
adopted zoning regulations or the master plan for the area.
4. Are there special circumstances related to the physical characteristics of the site (topography,
shape, etc) that create the hardship?
There are special physical characteristics of the site which create the hardship which is the fact that
the property abuts the 4th Avenue West right-of-way which was established prior to a minimum 60
foot right-of-way requirement standard used by both the City and the County. The lots in this area are
generally developed with modest single family homes and there are limited opportunities for
additional subdivision or opportunities to acquire additional right-of-way along this street that would
bring it up to a full 60 foot right-of-way. Other than condemnation, there are no other mechanisms
for the City to acquire additional right-of-way except through subdivision. It is extremely unlikely
that enough properties along 4th Avenue West will be subdivided on both sides of the street to
establish a 60 foot right-of-way from 12th Street West to the end of 4th Avenue West. Hence, the
right-of-way requirements associated with this subdivision are not of long term benefit to the public.
What other conditions are unique to this property that create the need for a variance?
Other conditions unique to this property are that this roadway dead -ends to the south of this
subdivision and the entire length of 4' Avenue West is 40 feet south of 12 Street West. Because of
the level of traffic and the fact that this roadway dead -ends, it is extremely unlikely that the City or
the property owners in the area will fmd the need to widen or reconstruct this road in a manner that
would require additional right-of-way in front of this property or along the entire roadway. If the
additional right-of-way were required these lots would be reduced below the minimum lot size
requirement, and the additional right-of-way would serve not practical purpose that cannot be
similarly achieved with a sidewalk easement instead.
Legends Court Subdivision Variance
2
Ill ff if l�lJf 1111ill lllalllGl�l�IlI III III IIi I� iJ�Ill llf��ll Page'. I of 2 53
AND WHEN RECORDED MAIL TO-.
Tracy A. Gardner
�G Q�p x "Z?,c,-SV
riled f or Remrd at Request of: She Awe This Line ib; Reamer t Um Ong;
First American Title Company
_7 Order fir,.:-24/491-
t� Parcel No.: 0389500 WARRANTY DEED
k
(. nantcr{s1} onfeq) self an.d ronvey, kin -to
Tracy A. Gardner
whose address is:O
J Hereinafter called the Grantee, the following described premises situated in Flathead County, Montana,
to -wit:
b
A ' i RA Cr -AND IN � R �E :�i s:.i i i s��vE5T QijAF t E' ii f : of i �Ea '� t i7 � � �E
SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M. PARTICULARLY DESCRIED AS
4 FOLLOWS;
EEGINNINC AT THE CENTER a tt E OF FOURTH AVENUE WE,5T OF KA,IJSPEL L, MONTANA.
iNTERS=i ING'NIT1 H THE NORTH BOUNDARY OF SAID SW1,45E114, T-!E?NCE S88°45' WEB A
DISTANCE OF 20 FEET TO A POINT; THENCE SOUTH 0011' WEST A DISTANCE OF 111.4 FEET
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 880 IVWEST, A DISTANCE OF 167.5
FEET TO A POINT; THENCE S 0°11' WEST, A DISTANCE OF 123.1 FEET TO A POINT; THENCE
iORRia' 83`'1E EAST F DI TrNa :.�J i E r5 i3��. o'�� N' TR'V +"''_.I S , A
DISTANCE OF 123.1 FEET TO THE TRUE POINT OF BEGINNING.
SUBJECT TO covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of
Page 1 of 2
p►41R4,;I��.!`►�11��►1��IM11! Pao®°2of2853
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Paula Robinson, Flathead county MT by MC 4130j2008 4.25 PNI
TO HAVE Ai`ID i`t� i-ioi_D the said premises, with its appi�rtRnan�Ps ,frttn iha c�ifj Grarltacs and to
the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances except current years taxes, levies, and assessments, and except 11U.S. Patent reservations, }
�.sE ,.F :�, i. ..i.3 ,-fi .i:3 lid c.�.......' , ei� ��:..�.,€t '3:�eL's.`�. i i..;ili ., .... t./..:�I j-1=-, aM Wo" �)!—ZM J. AN'! . VV „v,.i.
and defend the same from all lawful claims whatsoever.
Alice E. Hunt
By Sharon 11 Howard d as atti r
Dated: 04/ F:_J2008
STATE OF Montana
i SEAL
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This instrument was acknowledged before me on April —, 2008, by Sharon Howard as attorney
in fact for Alice E. Hunt.
y ti
GA'jai
Notary Public for the State of Montana
Residing in: i_
My Commission Expires:1;-
Page 2 of 2
i !k
For Value Received
lia t a m es' gun-1-
the grantor , doeshereby grant, bargain, sell and convey unto
A/iCe, C. 14urn-�-
the grantee , and to the heirs and assigns forever, the following dt-cribed premises, in
F"; a f`j ead = ounty, Montana, to -wit:
c tfiet-at aan$Tinythe tifkki of Section'18, Township 28'Worth Rzingi 21..Wa>st; kl. F.1 M.
paditnli,il�. z ii -oa iianina. at the egnter line.,of_iout't Ave�tue_Wcst of.
i{aliaoeli. t o Snlersqq l n l h Ninth botmdasy of 'said SW SE thence S 88o• 45!
a
F 111.4 feet
tQ • +tries." `iii'C cifZIL-88C 11 ° hest, a di s t?nce of 167 5 fee't to a
o5t,a dieiance.o: 123.1 fc:t
fit nrno fttat t�esnnin
TO HAVE. AND TO HOLD the said premises. with their appurtenances unto the said Grantees, forever.
And the sari Grantor do es hereby ct.venant to and wah the said Grantees , that
he the owner in fee simpie of said premises: that said premises are free from all incumbrances
and that he will warrant and defend the same from all lawful claims whatsoever.
Dated: S e P �e- m a &--r— _ �/ 1 9&
Have the Title Insured By Citizcn's Title & Escrow Co., Inc. of Kalispell
STATE OF MONTANA. COUNTY OF
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On this day ofp 1 %
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Notary Public
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! STATE OF MONTANA. COUNTY OF
1 herebv certifv that this instn ent was filed for record at the
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Thursday, April 24, 2008
Two Lots — to be subdivided along 41h Avenue West and llth Street. The
property has multiple buildings. The owner will keep the house and remove the
three other buildings. This is a flag lot with two lots up front. The two lots
without buildings could support duplexes. The sidewalk on 12th Street has
numerous large, mature trees and it's close to the road. Address setbacks.
Parking could be difficult with this configuration; they could shift the driveway to
the center, improve their on -site parking options, and would only have one curb
cut. Additional right-of-way of 10' is not there, so they are asking for a
subdivision variance that would dictate no ROW. Sidewalk would require them
to take out some very healthy, mature trees. They are increasing density but not
putting in pedestrian access. Could have the trees by putting the sidewalk in the
setback. Public Works will submit a letter to Nicole, stating that this should not
be set as a precedent for the future. Locate the trees, show where the easement is,
and come back to Site Review, and reconfigure the lot so the flag is coming up
through the middle. Locate the edge of the ROW. This is non-exclusive.
Thursday, May 1, 2008
Two Lots — to be subdivided along 41h Avenue West and I lth Street — Narda
Wilson and Tracy Gardner. Regarding the location of the trees by the street,
Marquardt located the trees just inside the right-of-way. They will be putting a
sidewalk easement in along 41h Avenue on the east side. They will lose one tree.
They could make the easement bigger. They will submit a preliminary plat and
ask for an easement. This is a "T" shaped lot now instead of a flag lot.
Thursday, May 22, 2008
Legends Court — Narda Wilson's project - Paul asked, "If we have a 10'
easement in the right-of-way, why don't we extend the right-of-way?" Lot size is
one reason. Sidewalk and curb will go in with the existing trees being preserved.
The road dead ends. This will have a subdivision variance. The lot size would
not fit the zoning requirements if we were to take more right-of-way. Generally,
we need a sidewalk and public utility easement in the right-of-way. Fourth is a
dead-end. Nicole will spell it out in her report the exact reasons for the
exceptions in this subdivision variance. Paul is agreeing to this under duress, as
he does not want to set a precedent. Discussion regarding notice to neighbors,
which is unlikely due to state statutes regarding minor subdivisions.
OWNERS: ALICE E. HUNT
FOR: TRACY GARDNER
PURPOSE: SUBDIVISION
DATE: MAY 13. 2008
N
SCALE: 1- - W
0 ry
Preliminary F
LEGENDS COURT
SWIM of the SEl/4, Section 18,
Aa'&L z I r--a voeL .-2
G. O'f S. NO. 233�Z
Flathead County,
NOTE
NOS RCH HAS BEEN MADE FOR EASEMENTS AFFECTING THIS PROPERTY AND
THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS.
City of Kalispell
Planning Department
201 11;t Avenue East, Kalispell, Montana 59901
Telephone: (406) 758-7940
Fax: (406) 758-7739
MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION b
FEE SCHEDULE: FEE ATTACHED: v ��
Minor Subdivision ... (5 or fewer lots)
Mobile Home Parks 8s Campgrounds
(5 or fewer spaces - land is not subdivided)
Amended Preliminary Plat
Amendment to Conditions Only
Re -configured Proposed Lots
Add Additional Lots or Sublot.s
Subdivision Variance
Commercial Subdivisions
$400 + $125/lot x 3 x 77.S.
$400 + $125/space
$400 base fee
Base fee plus $40/lot
Base fee plus $125/lot
$100 (per variance) f-/pp
$1000 + $125/lot
SUBDIVISION NAME: LE11P,4 (p4l fr <y81�/✓/5/o tl
OWNER (S) OF RECORD:
Q1
Phone J` - as-5 - w?
Mailing Address tv 0 . , rk 7( a BSy
City gAgo pc- L State M T zip
TECHNICAL/PROFESSIONAL PARTICIPANTS (Surveyor/Designer/Engineer, etc.):
Name 8v Addre
Name & Addre
Name 8s Addre
LEGAL DESCRIPTION OF PROPERTY:
City/County t�flTffO
Street Address /Z2V J%Tff AVM M"106477-
Assessor's Tract No.(s) 2677/ 3 9,7/1 Lot No(s) K/�t
1/4 Sec — Section ,15 Township Z 8 Range 21
GENERAL DESCRIPTION OF SUBDIVISION:
Number of Lots or Rental Spaces .3 Total Acreage in Subdivision 4 • '4173
Total Acreage in Lots D• i%% 3 Minimum Size of Lots or Spaces �Z
Total Acreage in Streets or Roads_ Maximum Size of Lots or Spaces
Total Acreage in Parks, Open Spaces and/or Common Areas
PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/ SPACES:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial Industrial Planned Unit Development
Condominium Multi -Family Other
APPLICABLE ZONING DESIGNATION & DISTRICT
� 04�1111 4 ri CIWOK0300 Ill Z41414 py AMA Ill 22:3 -1 Z4 as so w zTeav w1swit I
l Mv Z�f 9-�
Roads:Gravel Paved P� Curb 4"' Gutter I"' Sidewalks 0"" Alleys —Other
Water System: Individual Multiple User —Neighborhood Public Other
Sewer System: Individual Multiple User —Neighborhood Public Other
Other Utilities: Cable TV Telephone Electric dl' Gas Other
Solid Waste: Home Pick Up —Central Storage Contract Hauler Owner Haul
Mail Delivery: Central Individual K School District: xAkjW'll
Fire Protection: Hydrants &,- - Tanker Recharge — Fire District:
Drainage System: '0 W - �Ifr
PROPOSED EROSION/ SEDIMENTATION CONTROL:
Ai 5 Y, Celf j WA /./ P i / oe pig A -9 -,'-A
VARIANCES: ARE ANY VARIANCES REQUESTED? YiC� (yes/no) If yes,
please complete the information below:
REGULATIONS:
-44,C- A17.4t,#f_12
b'', 01111 il 811111 1V S I I
2
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED
BELOW:
1. Will the granting of the variance be detrimental to the public health, safety or
general welfare or injurious to other adjoining properties?
2. Will the variance cause a substantial increase in public costs?
3. Will the variance affect, in any manner, the provisions of any adopted zoning
regulations or Master Plan?
4. Are there special circumstances related to the physical characteristics of the
site (topography, shape, etc.) that create the hardship?
5. What other conditions are unique to this property that create the need for a
variance?
i is
The subdivider shall submit a complete application addressing items below to the
Kalispell Planning Department at least thirty five (35) calendar days prior to the date
of the Kalispell City Council meeting at which it will be considered, unless other
arrangements have been made xvith the planning staff.
Submittals shall include:
1. Preliminary plat application.
2. 5 copies of the preliminary plat.
3. One reproducible set of supplemental information. (See Appendix A of
Subdivision Regulations for the city where the subdivision is proposed.)
4. One reduced copy of the preliminary plat not to exceed 11" x 17" in size.
5. Application fee
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be untrue, I understand that any
approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be
present on the property for routine monitoring and inspection during the approval and
development process
_ 1�Aatl-� A)00
(ApplicAt) (Date) ,
Preliminary Plat of
oN...
LEGENDS COURT SUBDIVISION
SWl/4 of
the SEl/4, Section 18, T28N R21W, P.M., M.
Flathead County, Montana
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