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CUP DNRC/Lowe's HeightCity of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: DNRC/Goldberg Properties, Inc. 1120 Lincoln Street Suite 903 Denver, CO 80203 LEGAL DESCRIPTION: Approximately 60 acres in the east half of the northeast quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Industrial/Commercial, B-5, with a PUD overlay The applicant has applied to the City of Kalispell for a conditional use permit to increase the height limit from 45 feet to 54 feet for the Lowe's building in the Spring Prairie PUD. The applicants would like to break up the 637 foot long building front by building a facade and installing their sign above this. The B-5 zone allows for an increase to 60 feet with a conditional use permit; however, the underlying PUD is restricted to 45 feet. 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 denied. 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-04-6 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use pen -nit to increase the height limit from 45 feet to 54 feet on the Lowe's building in the Spring Prairie PUD subject to the following conditions: 1. The proposal will be developed in confonnance with the Spring Prairie Planned Unit Development for the site. 2. The conditional use pen -nit 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. / G r Pamela B. Kennedy✓ Mayor STATE OF MONTANA ss County of Flathead On this _ i day of � l --4— , 2004 before me, a Notary Public, personally appeared .Pamela B. Kennedy, May p r 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, Montana My Commission Expires f