CUP Keller/Four Plex2004029 1000
I-
O
APPLICANT:
LEGAL DESCRIPTION:
ZONE:
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
Charles E. Keller
2431 highway 2 East
Kalispell, MT 59901
.lackola Engineering and Architecture
PO Box 1134
Kalispell, MT 59903
Assessor's Tract 2DCC located in Section 1, Township 28 North,
Range 22 West, P.M.M., Flathead County, Montana
Urban Single Family Residential, R-3
The applicant has applied to the City of Kalispell for a conditional use permit to allow a four-
plex unit to be built on approximately 33,700 square feet in an R-3, Urban Single Family Residential
zone, using the clustering provision of the Zoning Regulations.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
September 9, 2003, held a public hearing on the application, took public comment and recommended
that the application be approved subject to eight 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-03-4 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 a four-plex unit in a R-3, Urban Single Family Residential 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. That the conditions associated with this permit shall be met prior
to occupancy of the apartment building.
2. That the parking lot be designed to meet the parking requirements and that landscaping of the
site be coordinated with the City Parks and Recreation Department.
3. The proposal shall comply with the Kalispell Design and Construction Standards for water,
sewer, storm drainage, and other applicable facilities which shall be approved by the City
Engineer prior to the issuance of a building permit.
4. The fire access and suppression system with regard to the location of the buildings, number
and placement of fire hydrants as well as related construction be reviewed and approved by
the Kalispell Fire Department.
5. The primary access road to the site from a public (city) street shall be a minimum of30 feet
wide. This access road shall accommodate a 24-foot wide paved travel surface, storm water
management, snow storage/removal and provide for pedestrians sidewalk. In widening the
primary access casement, a minimum 20 foot side corner setback shall be maintained from
any expanded access easement to any principal or accessory structure. If additional units
above four are served by this access, a minimum 60 foot R/W designed to city standards is
required.
6. The applicant shall submit to the public works director all plans to place some or all of the
access road on the city's utility lot. The City Public Works Director shall approve all designs
prior to construction. It is the strong desire of the city to locate the access road off of the city
utility site and is willing to entertain trading land with the applicant to assist in this effort.
7. Prior to construction of the units, the applicant shall cause the project to be platted as a
townhouse project to comply with the zoning administrator's interpretation that the cluster
provision limits the use of the site to single family detached, semi-detached and attached
residences. In addition, the dwelling units shall be built to townhouse standards.
8. 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 3rd day of November, 2003.
STATE OF MONTANA
: ss
County of Flathead
On this 7 day of , 2003 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 zany Notarial Seal, the
day and year first above written.
STATE QP MCNIANA,l
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