CUP Lance & Posten/Duplex004
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Robert Lance & Kathryn Posten
250 Mountain View Road
Rexford, MT 59930
LEGAL DESCRIPTION: Lot 5, Liberty Village located in Section 12, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana
ZONE: Low Density Residential Apartment, RA-1
The applicant has applied to the City of Kalispell for a conditional use permit to construct an
additional duplex at 715 Liberty Street. The property already has a fourplex on it. The applicant
would like to construct an additional duplex because 30 feet of Kinshella was abandoned which
created enough area for the new duplex.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
May 11, 2004, held a public hearing on the application, took public comment and recommended that
the application be approved subject to seven conditions.
After reviewing the application, the record, the TCPO report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Tri-City Planning Office, Conditional Use Report #KCU-04-3 as the Council's findings of
fact, and issues and grants to the above -described real property a conditional use permit to allow the
construction of an additional duplex on property located at 715 Liberty Street in an RA-1, Low
Density Residential Apartment zoning district subject to the following conditions:
1. The proposal will be developed in substantial conformance with the approved site plan and
other application materials except as otherwise modified by these conditions. That the
conditions associated with this permit shall be met prior to occupancy of the buildings.
2. That the two driveways be consolidated into a single access utilizing the existing access
point. Parking be relocated so that two additional spaces are placed in the existing parking
lot and the handicapped space relocated near the buildings.
3. That the landscaping of the site be coordinated with the City Parks and Recreation
Department and be completed prior to occupancy or adequately addressed otherwise.
4. The proposal shall comply with the Kalispell Design and Construction Standards for water,
storm drainage, and other applicable facilities which shall be approved by the City Engineer
prior to the issuance of a building permit.
The following requirements shall be met per the Kalispell Fire Department: (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Zoo"
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
6. The existing sidewalk shall be extended to the westernmost terminus of the property
boundary.
7. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement of activities has not occurred the permit shall be void.
A continuous, good faith effort to design the building, obtain financing and other activities
shall be considered a commencement.
Dated this 7th day of June, 2004.
STATE OF MONTANA
ss
County of Flathead
Pamela B. Kenne
Mayor
On this day of , 2004 before me, a Notary Public, personally
appeared Pamela B. Kennedy, May of the City of Kalispell, known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that she executed the same on
behalf of the City of Kalispell.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the
day and year first above written.
ti
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission Expires -37 '3—