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01/13/03 Sorensen to Home Depot/FenceF City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 -Telephone (406)758-7700 Fax(406)758-7758 January 13, 2003 Home Depot Legal Department 3800 West Chapman Ave. Orange, CA 92868 Neile Neider Otten, Johnson, Robinson, Neff & Ragonetti 950 17'hStreet, Suite 1600 Denver, CO 80202 Re: Home Depot/Kalispell, MT (Fence) Dear Sirs/Madams: While we have been generally pleased with the overall development of the Home Depot site here in Kalispell, there has been an issue which continues to pose a problem from a number of different perspectives: a chain link fence enclosing a portion of the parking lot to the north of the building. When the Planned Unit Development was approved, the area was shown as primarily a parking area with seasonal sales, such as Christmas trees. There is no provision for a fence enclosing the area. The issue is presently at the forefront due to an obstacle to the city acceptance of the water mains. The problem is the result of a fire hydrant which is blocked by the fencing, in addition to another hydrant on the property which was placed too high out of the ground. It is my understanding that the problem caused by the fencing could be resolved if Home Depot affirmatively agrees to permanently remove the fence. While certain "seasonal sales" could continue in the area, Home Depot should also guarantee that it will maintain clear and unobstructed access to the hydrant. Even if the water mains were not a matter of discussion, there are at least two other perspectives which could necessitate the permanent removal of the fence. First, required exits from the principal building empty into this area. Under the building and fire codes, the fenced area may effectively block those exits and create a life -safety issue. Second, the fence is immediately adjacent to a major road, and has become an aesthetic issue. Numerous architectural details were included in the application to the City Council and approved by that body, including a fenced nursery area. This fence was not included, and has been one of the more visible features of the entire project. We would appreciate your help in the resolution of this matter. If you have any questions, please feel free to call me at (406) 758-7732. Sincerely, ;J"�Sorensen, Chairman Site Development Review Committee cc: Mark Munsinger, TD&H Stan Beard, Crosswell Development Chris Kukulski, City Manager Dick Amerman, Asst. Public Works Director Jim Stewart, Fire Marshal