Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Jack Strickland
ADDRESS: P.O. Box 420
Lakeside, MT 59922
LEGAL DESCRIPTION: ???
OWNER: GESN Partnership
P.O. Box 420
Lakeside, MT 59922
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ZONE: RA-1, Low Density Residential Apartment
Jack Strickland, partner, on February 9th, 1993, applied to
the City of Kalispell for a conditional use permit to construct 88
residential units on 19 lots utilizing four, five and six -unit
complexes, on the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on March 9th, 1993, held
a public hearing on the application, took public comment and
recommended that the application be approved subject to nine
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby,
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-93-1 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
construct two five unit townhouses on each Lot described above,
subject to the following conditions:
SECTION I.
1. The approved site plan shall govern the location of all
buildings, parking, landscaping, and roadways. Any
significant alteration of the final plans shall be cause
to void this permit.
2. The applicant shall comply with conditions 2, 4-6. and 8-
11 of the approved preliminary plat of Gateway Orchard
Villas. if the applicant chooses to build the project in
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phases, a phasing shall be submitted to, and approved by,
the Kalispell Site Plan Review Committee to insure that
each phase is freestanding on its own merits.
3. The applicant shall install cluster mailbox installations
in conformance to a plan approved by both the Kalispell
Post Master and the Public Works Director.
4. The applicant shall submit to the City Site Plan Review
Committee a perimeter fencing/landscaping plan for
approval which provides at least minimum fencing and
aesthetic enhancement of the north, west and south
property boundaries. Particular attention shall be paid
to those areas of the project which abut single-family
residences to insure adequate screening. Also particular
attention shall be paid to screening of all building
along the western perimeter of the project which encroach
closer than 20 feet, as well as shielding of all parking
areas which encroach closer than 20 feet to the western
property line of the project.
5. At he applicant's expense, no -parking signs shall be
posted in all the cul-de-sacs, along all the Courts and
along any private drive access intended to funnel two-way
traffic to a private driveway.
6. The five-plex structures on Lots 5 and 8 (west end of
Pear Court) share a common 24-foot private access road.
Either cross easements between the two lots or preferably
the elimination of the interior lot line between Lots 5
and 8 is required to address trespass concerns.
7. The six-plex structures on Lots 18 and 19 (southernmost
complexes on Glenwood) share a common 24-foot private
access road. Either cross easements between the two lots
or preferably the elimination of the interior lot line
between Lots 18 and 19 is required to address trespass
concerns.
8. The four-plex on Lot 16 ( south side of Apricot Court cul-
de-sac facing north) shall be redesigned to allow the
parking lot of Lot 17 (southwest corner of Glenwood and
Apricot Court) to be placed entirely on its own lot and
allow the parking spaces and access road of Lot 15
(southwest corner of Apricot Court cul-de-sac) to meet
code for 24-foot driving access and 20-foot deep parking
spaces.
9. The six-plex on Lot 19 (southern most lot on Glenwood)
encroaches 3 feet into the front set back, and 8 feet
into the rear yard 20-foot setback. This structure will
have to be redesigned to meet the 20 foot setbacks.
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SECTION II.
The conditional use permit, herein granted, shall terminate 18
months from date of issuance if commencement of the authorized
activity has not begun.
Dated this day of
3
1993.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1993, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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 he 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
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