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