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CUP FEC/Electric StationGRANT OF CONDITIONAL USE APPLICANT: Flathead Electric Cooperative Attn: Brian Plunkett 2510 Hwy 2 East Kalispell, MT 59901 LEGAL DESCRIPTION: Assessor's Tract 2DCC in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Urban Single Family Residential, R-3 The applicant has applied to the City of Kalispell for a conditional use permit to construct an electrical distribution station for Flathead Electric Cooperative to expand their service potential at the north end of Kalispell in an R-3, Urban Single Family Residential, zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on September 14, 2004, held a public hearing on the application, took public comment and recommended that the application be approved subject to four 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-04-9 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to construct an electrical distribution station for Flathead Electric Cooperative in the Urban Single Family Residential, R-3, zoning district subject to the following conditions: The proposal will be developed in substantial conformance with the relevant zoning regulations, approved site plan and other application materials. That the conditions associated with this permit shall be met prior to the operation of the facility. 2. The station shall be completely surrounded by a security fence that shall beat least eight feet in height. The perimeter of the electrical distribution station shall be landscaped with sight -obscuring trees, shrubs or bushes. Such landscaping shall be designed to improve the appearance of the site while allowing for normal operational and safety factors of the station. 4. 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 4th day of October, 2004. Pamela B. Kennedy. Mayor l j STATE OF MONTANA ss County of Flathead On this day of ��, 2004 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor 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. �• :��? Notary Public, State of Montana Residing at Kalispell, Montano ^'0 My Commission Expires - �