Planning Board Minutes - Special Meeting November 29, 2011NOVEMBER 29,2011
CALL TO TER AND
The special meeting of the Kalispell City Planning Board and
ROLL CALL
Zoning Commission was called to order at 7:00 p.m. Board
members present were: John Hinchey, Chad Graham, Bryan
Schutt, Rory Young, and Phillip Guiffrida. Blake Sherman and
Richard Griffin were absent. Tom Jentz and Sean Conrad
represented the Kalispell Planning Department. There were 20
people in the audience.
APPROVAL OF MINUTES
Schutt moved and Guiffrida seconded a motion to approve the
minutes of the October 11, 2011 meeting of the Kalispell City
Planning Board and Zoning Commission as presented.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
No one wished to speak.
LOST HORIZON, LLC
A request by Lost Horizon Ranch, LLC for a conditional use
CONDITIONAL USE PERMIT
permit (CUP) to locate a transitional living program (defined under
the zoning code as a group home) foriouths 17 to 19 in an existing
single-family home located at 527 2° Avenue West. The property
is zoned RA-1, Residential Apartment, which requires a CUP for
group homes serving eight or fewer persons within the district.
STAFF REPORT KCUP-11-4
Sean Conrad, representing the City of Kalispell reviewed Staff
Report KCUP-11-04 for the board.
Conrad said this is a conditional use permit for a group home
located at 527 2nd Avenue West. Conrad noted the property is
zoned RA-1, Residential Apartment that permits single family
homes, duplexes, and conditionally permits group homes, and
apartment units. The property has an existing single family home
with an attached garage and surrounding development primarily
includes single family homes to the north and south; to the east
there are senior apartments across the alley; and on the northern
end of the block there is an office building.
Conrad continued there are no changes intended on the outside of
the home that he is aware of and no signage is being proposed. In
reviewing this group home, as with others, staff looks at whether
they meet the residential requirements that includes off-street
parking — which they do have off-street parking off the alley and
how the proposed group home would not have any outward
appearances as a group home and will fit in with the residential
character of the neighborhood.
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 1 of 11
Conrad added Mr. Santa, the program director, is in attendance and
will go into more detail of the program operations and security at
the home itself.
Staff recommends that the Kalispell Planning Board adopt Staff
Report KCUP-11-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 2 conditions listed in the staff report.
BOARD DISCUSSION Guiffrida said he likes condition #1 that requires the specific
licensing, inspections and approvals. He asked if for some reason
the state denies the license would the home then be subject to city
zoning regulations and Conrad said if they can't get the appropriate
licensing through the state the group home would cease to be a
protected transitional living home under state law.
Guiffrida asked how often is the license renewed and Conrad
suggested he direct that question to the program director.
Guiffrida asked if there has been any increase in enforcement calls
to the current Montana Academy homes and Conrad said not that
he is aware of
Graham questioned the statement in the staff report that indicates
no significant negative impacts on property values are anticipated.
Graham asked how that was determined and Conrad said it was
based on whether there would be any adverse traffic or noise
beyond a typical single family residence. Conrad said impacts to
property values are hard to calculate especially when, based on
state law, they have to review the use as if it were a single family
home. Graham asked if it would make sense to place some
consideration on what the house will be used for when arriving at
that conclusion. He added people in the neighborhood are thinking
the group home will affect their property values and the
marketability of their property should they want to sell it and he
spoke to a few realtors who agreed. Conrad said if the board thinks
there are appropriate conditions that they could be placed on the
use permit that would help it fit in as a single family home they
could propose them. Conrad added based on a previous group
home that was approved a few years ago it will be a fairly quiet
single family home used as a group home. There won't be excess
traffic and it won't be out of character with the rest of the
neighborhood.
Guiffrida noted that based on state law a condition cannot be
placed on this home that cannot be placed on any other residence in
that zone such as limiting the number of people in a residence and
Conrad said that is correct. Conrad added last year as part of the
zoning ordinance update the city council eliminated the definition
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
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of a family that was limited to 5 persons because families can be
larger or smaller.
APPLICANT/TECHNICAL John Santa, 990 McGregor Lane, Marion stated he is one of co -
SUPPORT founders/owners of the Montana Academy/Lost Horizon with his
wife Carol and John & Rosemary McKinnon. Santa said he is a
clinical psychologist, John is a psychiatrist, Rosemary is a social
worker and Carol is an educator. They have operated Montana
Academy for 15 years and they have 70 students on the main
campus in Lost Prairie near Marion.
They are licensed through the department of Private Alternative
Adolescent Residential Programs which is the licensure available
for all of these types of schools/programs and they renew their
license every year. Santa reviewed where the students come from,
their backgrounds and the behavioral/emotional problems that have
made them unable to stay in their home environments.
The transitional homes have been in operation for 10 years and
there are currently three homes in operation on the east side of
Kalispell. The kids who move to the transition homes have
achieved a high school degree and they come into town to attend
classes at the community college and volunteer for various
organizations in the community. The homes have been so effective
in getting these kids ready for college that they now have a need
for another home. They expect 5 to 8 boys will be living in this
house.
There is a full set of staff at each of the houses and Gretchen Boyer
manages of all of the homes. In addition there is a nighttime staff
person who goes between 2 houses every 20 or 30 minutes all
night. Santa added there has never been a single police incident at
any of the houses.
Santa said it is hard to know the effects on property values and
added most people don't even know the group homes are there.
The kids are very responsible. They are not delinquents, felons or
offenders.
Hinchey said with 6 to 8 kids living in the home along with a staff
person and new kids moving in and out the neighbors don't have a
chance to get to know them. Hinchey asked isn't there a way the
kids can endear themselves to the neighbors and Santa said the
staff members at the homes do become part of the neighborhood
and the kids help with leaves, snow removal, recycling and do try
to be good neighbors. They also perform a lot of community
service work.
Hinchey asked if they are purchasing this house and Santa said
they just closed on the house on Monday. Hinchey noted the homes
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 3 of 11
are kept clean on the outside but suggested they appear stark and
thought some effort should be put into making the homes look
more like a family is living there. Santa noted they all have
wonderful gardens in their back yards but he agreed they could
make more of an effort towards improving the appearances of the
homes.
Graham agrees with what Montana Academy is doing and he
thinks there is a place in Kalispell for these group homes but he
isn't sure where. Graham asked about the licensing agency and
Santa stated they are licensed under the Private Alternative
Adolescent Residential and Outdoor Programs Board which is
under the Department of Labor.
Graham asked about the duplex on the east side and whether they
had more than 8 kids there and Santa said they no longer are
leasing that duplex because they decided to move the group home
to 1st Avenue East.
PUBLIC HEARING Al Weed, 623 3' Street East stated he has been before the board in
the past regarding a group home near his home. Weed said no one
from the group homes in his neighborhood have come to his door
asking to shovel his walk or to collect his recyclables. He reported
there has been some trouble with kids who he believed to be living
in the Montana Academy group homes near him. He also
mentioned a home in the area was burglarized although there was
not any proof that these were kids from the Academy. He added it
does cause people to be suspicious.
Weed continued Mr. Santa alluded to the fact that the Department
of Health and Human Services will not license them. He said the
Montana Law exempting them from being denied a license, which
the city relies on so heavily, requires that any of these facilities that
are exempt have licensures from the Department of Health and
Human Services.
Weed read a letter to the board (a copy is attached).
Weed said he has heard that everyone agrees that group homes are
a good thing but just not in my backyard. It doesn't benefit any of
the troubled or distraught youths in Kalispell and that is one of the
bases upon which the exemptions in state law is founded. The
statutory exemption was intended to help local youths on a non-
profit basis and the Montana Academy group homes are nothing
but a blatantly commercial money -making machine. He asked if
the City of Kalispell has ever considered changing the status of
these facilities from residential to commercial. They make a lot of
money and in his view they have no place in Kalispell's residential
neighborhoods because they are commercial facilities.
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 4 of 11
Weed suggested the Academy find commercial lots close to
residential neighborhoods where they can build their own group
home and there would be no objections from anybody.
Weed concluded by saying there are residents here who are more
personally affected by this proposal and they deserve to be heard
and the city should listen.
Conrad noted these licensing questions came up the last time
Montana Academy came through with a conditional use permit in
2009 and at that time staff received a letter from Roy Kemp,
Deputy Administrator of the Quality Assurance Division of the
Department of Public Health and Human Services dated July 8,
2009. Mr. Kemp's letter, states that he is responsible for all facility
licensing for the Department of Health and Human Services and
was writing to clarify that private residential adolescent programs
like Montana Academy are licensed under the Private Alternative
Adolescent Residential and Outdoor Programs. Mr. Kemp
concludes in the letter that he believes that Montana Academy's
residential program is properly and appropriately licensed and
monitored as required by law.
Hinchey added any further questions regarding the licensing of
these homes should be taken up with the city attorney.
Mickey Lapp, 160 Kelly Road thanked the board for the
opportunity to appear before them and address the proposed CUP
for the group home on the west side of town. Lapp said she is not
here to debate the pros and cons of such a program rather its
proposed location. This is one of Kalispell's oldest neighborhoods
and is populated in large part by retirees. She has been familiar
with this area for quite some time as in the early 80's she parked
there and walked to Flathead High School with her two best
friends. It is also in close proximity to four schools and eight senior
and retirement facilities. The residents have great concerns that the
makeup, safety, and security of this neighborhood could be
compromised. Further there is the perception among the residents
that one of the reasons the group home wishes to move into this
particular neighborhood is due in part to the fact that these folks
have already successfully raised their children and in some cases
their grandchildren too. However that being the case, none of the
residents she spoke with feel it is now their responsibility to be
participants in rehabilitation either directly or indirectly.
Lapp continued a facility of this nature is far better suited in an
area zoned business commercial such as the Ray of Hope house on
5th Avenue West. Ray of Hope functions quite well on that street
and the location is appropriate for that type of program. She
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 5 of 11
encourages the planning board to encourage the applicant to look in
an area that is zoned business commercial for this program. It
would certainly behoove the program to set up shop in a
neighborhood that is better suited and equipped to meet their needs.
Norah Korn, 540 2nd Avenue West stated she doesn't want to be
here and she is madder than hell. Korn said her home is on the
corner across the street. Her husband is James Korn and he has a
heart condition. When he was being treated in Spokane she stayed
near three of these homes close to the hospital and every night the
police came to the neighborhood, peopled moved out of their
homes and the neighborhood was destroyed.
Korn said she is here for safety of their neighborhood and its
residents. She believes that there is no other place with more
vulnerable people than this neighborhood. They have lived in their
house for 50 years and raised four kids. There are three schools
within 2 blocks and eight senior facilities in this area. Korn also
indicated that a letter from Penny Leatzow, which the board
received, states that she lived in this house and she feels it is not
adequate because the upstairs bathroom is closet -sized and water
has flooded the basement and there is likely mold. Penny Leatzow
also noted in her letter that elderly people who lived in Glacier
Manor called about her boys everyday and her kids were quite
well-behaved. Korn added she is also concerned about the high
school girls walking to and from school.
She feels children need more care than one adult staff person at the
group home can provide and she suggested a number of places the
kids could volunteer that would be more meaningful like the
veteran's home. Korn said in the 50 years that she has lived there
the only crime, a serious one, was committed by a man from
outside the neighborhood. She also feels that the police will be
called to the home every other night.
Korn asked the board not to make a decision until they have seen
the petition that is going around. She feels the Montana Academy
is ruining their city. They have all lived there in peace, comfort and
dignity. She doesn't want this home next door and she is hoping
the board will pay the neighbors some respect.
JoAnne Blake, 910 7d' Avenue West stated she also owns a home at
517 2nd Avenue West. She noted she is a recovering alcoholic and
who quit drinking 42 years ago and started the drug and alcohol
prevention program here in Kalispell. She was on the board of
directors and they operated a half -way house for recovering
alcoholics and drug addicts and there was a lot of objection to their
facility too. When Blake read about this in the paper her first
thought was that she didn't want them next to her property and then
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 6 of 11
she realized she has had some renters who have thrown beer cans
out onto the street and gotten into fights and raised cane in the past
and these kids would have more supervision than her renters did.
She has owned her house since 1947 and she doesn't think this is
anything to worry about in their neighborhood. It may affect the
sale or marketability but she doesn't think that will be very
significant. Blake said she is in favor of letting the kids have a
chance in her neighborhood.
Cody Flora, 518 2nd Avenue West said his house is almost directly
across from this house. He is 25 and he and his wife have always
had their ducks in a row and have tried to do the right things. Flora
said they bought this house to sell it and he has put a lot of sweat
into it and he doesn't want to have to tell a potential buyer that
there are troubled kids who live across the street.
Flora said he grew up on the ranch working with his grandfather.
He worked with the residents and has never once heard anything
negative. However his wife is home alone a lot because he works
out of town and what if something does happen. There are other
women who are home alone all the time on this block.
Even though there will be someone checking on them every half-
hour doesn't mean the kids can't learn the pattern and may try to
get out during the half hour. These kids have had problems and
they have learned a lot from the ranch but they are still kids and
will still make mistakes. Flora doesn't want those mistakes brought
to his front door. The Academy is wonderful place but it belongs
out of town with more acreage were they can work on the farm yet
close enough to town so they can get to college.
MOTION Guiffrida moved and Young seconded a motion to adopt Staff
Report KCUP-11-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 2 conditions listed in the staff report.
MOTION TO ADD Guiffrida moved and Graham seconded a motion to add condition
CONDITION #3 #3 that would require that the Montana Academy provide proof of
renewed state licensing to the City of Kalispell annually, within 15
days of the yearly licensing date.
BOARD DISCUSSION Guiffrida said his reasoning for recommending this condition has
to do with oversight and safety. It is important that the home
doesn't come in with initial licensing and then the city doesn't do
due diligence to make sure the licensing is kept current. There are
lots of different types of group homes and if legally possible he
would like to see this condition apply to all of them.
Schutt said are we certain there is an annual renewal and Guiffrida
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 7 of 11
said that was stated by the organization. Schutt thought this was
covered in the first condition but Guiffrida said condition #1 covers
the initial CUP and the addition of condition #3 would continue the
city's oversight by making sure the licensing continues to be in
place.
ROLL CALL — ADD The motion to add condition #3 passed unanimously on a roll call
CONDITION #3 1 vote.
Guiffrida said the planning board is a recommendation board to the
city council and this CUP will be scheduled for the city council
meeting on December 19th as the next step in this process. He said
he knows there are soiree concerns from the neighbors about a
petition and a desire to provide more public comment but your
voices will again be heard at another level of city government
which is the level that makes the final decision.
Guiffrida said the board has been dealing with group homes for a
while. Recently the board looked at a zoning amendment that
would make group homes a permitted use. The planning board
discussed this proposed change at length and ultimately felt that it
was important to have the forum for public comment and
discussion both here and at the city council level and city council
agreed. This gives the public, board and council an opportunity to
talk to the organization and he added reputable organizations will
listen to the public comment and find ways to assimilate the home
into the neighborhood better. Another thing they found is in some
cases amendments have been made at the state level that has
changed ways licensing is set up, as noted in condition #1 which is
now deemed an acceptable condition to be added.
Guiffrida said the Montana Academy program is a reputable
program; they are very professional and have very good oversight
and a lot of experience. He understands the need to try and
assimilate the kids back into society by moving them to residential
neighborhoods and it would be harder to do if they were on the
outskirts of town.
Guiffrida continued although the board and council are limited by
state regulations this is something that will be decided outside the
jurisdiction of the City of Kalispell because the State of Montana
has set jurisdiction over it. Guiffrida said with that said that is
where his issue is with these kinds of homes. It is not who runs
these homes but that this is a business in a residential zone. He
feels that the State of Montana has overstepped their bounds in
dictating to the City of Kalispell and to any municipality what they
can do with their zoning rules and regulations.
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 8 of 11
Hinchey said our state legislature has really tied the —board's hands
here. The board listens to the concerns of the neighbors' but our
city attorney tells us there is really nothing the board can do but
listen. What the citizens have to do if they want to change things is
to talk to their state representatives.
ROLL CALL The motion, as amended, passed by a vote of 3 in favor and 2
1 nnnnQP-rl
BRANNAN/MOLTER
A request by Carol Brannan and Natalie Molter for a conditional
CONDITIONAL USE PERMIT
use permit to expand a dance and yoga studio in an existing
building zoned R-5, Residential/Professional Office. The proposed
expansion will be within an existing building addressed as 44
Bruyer Way.
STAFF REPORT KCU-i-1--5
Sean Conrad, representing the City of Kalispell Planning
Department reviewed Staff Report KCU-1 1-05 for the board.
Conrad said in November of 2010 the planning board reviewed and
the city council approved a conditional use permit at 46 Bruyer
Way to operate a dance studio. Conrad reviewed an aerial photo of
the site, the location of the proposed expansion of the dance studio
at 44 Bruyer Way, which is adjacent to the existing studio.
The dance studio will offer classes generally Monday through
Friday between 3:30 and 9:00 pm. The class sizes range from 10
through 20 students and during the summer months there could be
day, nights, and weekends classes. The building is constructed and
they intend to do some minor tenant improvements. Parking,
landscaping, and lighting are already provided and if they intend to
add signage they would need a sign permit from the planning
department.
Notices were sent to the adjoining property owners and no
comments were received either for or against the expansion.
Staff recommends that the Kalispell Planning Board adopt Staff
Report KCUP-1 1-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 2 conditions listed in the staff report.
BOARD DISCUSSION
None.
APPLICANT/TECHNICAL
Carol Brannan — 108 Ekalaka Lane stated they are really excited to
SUPPORT
be able to expand their business. Currently she and her business
partner share the same space for young kids and older kids and they
need more space so they decided to take the leap.
Graham said he wants to congratulate them on their success. He
likes to see businesses grow and he wished them Zood luck.
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 9 of 11
Hinchey said he knows first-hand how successful their business is
and how much the kids enjoy going to their studio.
PUBLIC HEARING
No one wished to speak and the public hearing was closed.
MOTION
Schutt moved and Guiffrida seconded a motion to adopt Staff
Report KCUP-I 1-04 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the 2 conditions listed in the staff report.
BOARD DISCUSSION
None.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS:
None.
NEW BUSINESS:
Michael & Katherine Fraser have requested a Waiver of the Right
to Protest Annexation on property located at 385 Eastview Drive
near Three Mile Drive and Farm to Market Road in order to receive
municipal water service.
Conrad said the waiver of right to protest comes before the board
because the property owner is having well problems and is
requesting the ability to hook up to the city's water line that was
constructed in an easement along his property.
Conrad continued last year, with the planning board's input, the
city council approved an annexation boundary map and policies.
Although this property is outside the annexation boundary there are
provisions for either direct annexation; waiver of right to protest
annexation; create an annexation district; or the planning board and
city council could consider taking no action.
There is a city well tank site a bit west of the property and an 18"
water line runs through this property where an 8" stub -out was
added in the event the property owner ever wanted to connect to
that main line. Staff has reviewed the four criteria in the annexation
policy and is recommending the board consider accepting the
waiver of right to protest annexation.
Mr. Fraser's property also meets five of the six criteria to accept
the waiver of right to protest although it is not in the immediately
path of any kind of city growth in the next five to ten years. In the
next 20 or so years it is conceivable that the city limits could be
spreading out to Three Mile Drive and if the council elects to they
could annex this property at that time.
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 10 of 11
BOARD DISCUSSION
Hinchey stated this seems to him to be the perfect application of
the waiver of right to protest annexation with the water line
running through their property.
MOTION
Schutt moved and Graham seconded a motion to recommend to the
Kalispell City Council that they permit the property owners to
connect to the city's water main and accept the waiver of right to
protest annexation along with the notice of withdrawal from the
rural fire department.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS CONTINUED
Hinchey noted last summer the board tried a 6:00 p.m. starting time
and he asked if there was any interest in changing all the meetings
to begin at 6:00 p.m. No other board member present was in favor
of changing the meeting time.
ADJOURNMENT
The meeting adjourned at approximately 8:20 p.m.
WORK SESSION
A work session was held immediately following the regular
meeting and the following items were discussed:
1. Growth Policy Update
2. Update on the West Side Urban Renewal Plan Expansion
NEXT MEETING
The December 13 1h meeting is cancelled due to the lack of
applications.
The next meeting is scheduled for January 10, 2012 beginning at
7:00 p.m. in the City of Kalispell Council Chambers located at 201
1st Avenue East in Kalispell.
John Hinchey
President
APPROVED as submitted/corrected: /11
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of November 29, 2011
Page 11 of 11
November 29, 2011
A-11 Weed'
623-3rd St. East
Kalispell
ph.314-4397
Kalispell City Planning Board and Zoning Commission
201 I't Ave. East
Kalispell 59901
This letter is in regard to the proposed conditional use permit requested by
Lost Horizon Ranch, LLC/Montana Academy, for the, premises at 527 2nd
Ave. West. I have previously objected to the position of the City of
Kalispell regarding its conclusion that such a permit "carmot be denied" to
Lost HolizonRanch/Montana Academy. See attached correspondence,
I am again lodging objection to the current request on the basis that the city
is again taldng the erroneous position that the requested permit "cannot be
denied." As I have previously expressed, Jt remains my position that
Montana law dDeS.not support the city's position, and further that the
residents of Kalispell are, being denied due process of law by the granting of
an exemptions not found in Montana law. . I
Please be advised that a non-profit corporation, the Kalispell Association for
the Preservation and'Protection of Residential Neighborhoods, Inc., has been
formed for the express purpose of ensuring that "the City of Kalispell
implement and enforce its residential zoning code in accordance with
Montana law." In light of this most recent request by the Montana
Academy, the Association is exploring legal options that might be available
to bring the City of Kalispell into compliance with Montana law.
Sincerely,
Al Weed
June 9;- 2009
Al & Barbara Weed
623-3'd Street East
Kalispell
Kalispell City Planning Board and Zoning. Commission
201 Is'Ave. East
Kalispell 59901
To: The Planning Board and Zoning Commission
This letter is in regard to the proposed conditional use permit requested by
Lost Horizon Ranch, LLC. We object to the granting of the requested
conditional use permit (CUP) for the following reasons:
1. The city has been-- operating under the erroneous assumption that
Montana law requires that the city approve the request. Such is not
the case for two reasons: 1) Section 76-2-412 M.C.A. applies to
facilities registered by the Montana Department of Health and
Human Services. Neither Lost Horizon Ranch nor its affiliate,
Montana Academy has any facility registered with the Montana
Department of Health and Human Services; 2) No exemption
from city zoning restrictions would apply in any event because, the
Kalispell east -side complex has more than 8 youths occupying the
facility. Therefore, the three building complex operated by the
Montana Academy or Lost Horizon is not exempt from local
zoning restrictions, regulations or procedures and is not entitled to
automatic "residential" status as was stated in the Board's Notice
of Public Hearing.
2. Approval of the commercialization of the Kalispell residential cast
side is not in accordance with the best interests of the majority of
Kalispell residents with homes in close proximity to the Montana
Academy complex/facility and the city has a duty to protect those
interests. The, establishment of the east -side complex in the first
place was only beneficial to the monetary interests of the. Montana
Academy owners and not of benefit to any actual residents of the
State of Montana. The previous approvals of the establishment of
DI
the east -side group home needs to be reexamined with the
understanding that the city has never been obligated by statute to...
approve any previously -re -quested CUP.
In light of the fact that Section 76-2-412 M.C.A. does not exempt
Montana Academy/Lost Horizon Ranch from zoning restrictions, the
city, as *a bareminimum must table the requested CUP and investigate
the how previous approvals were obtained without Montana Academy
and Lost Horizon Ranch being registered with the Department of
Health and Human Services and further investigate whether the
previous approvals were obtained under false pretenses.
Furthermore, the, previous approvals should be considered void ab
initio and the Montana Academy/Lost Horizon Ranch should be
required to comply -with all applicable zoning restrictions,.
requirements and regulations.
We consider the very presence of a commercial youth group home in
our neighborhood to be objectionable and contrary to zoning
restrictions. The city Iias a duty to enforce those restrictions and
ensure that the character and quality of Kalispell's cast side is
preserved. That duty can only be met by disapproving the requested
CUP.
Sincerely,
Al Weed - Barbara Weed
September 22, 2009
M-. Tom Jentz
Kalispell City Planning Department
201 1 "Ave, East
Kalispell 59901
Al Weed
623-3r' Street East
Kalispell.
This letter is in regard to the use of the duplex at 528/530 Third Street East
by Lost Horizon Ranch, LLC/Montana Academy (hereafter• "the academy")
to house enrollees of the academy. As you are aware, the academy withdrew
its request for a conditional use permit (CUP), whicl, would have allowed
the academy to use the duplex as a dormitory for housing its enrollees. That
being* the case, the said promises should not be useable' for such purpose.
However, several residents of the, neighborhood were advised by Dr. Santa
that the academy intended to use the duplex for housing its older (18-19 year
old) girls only through December 2009, at which time the duplex would be
rented to the general public. It is our understanding that the city would
permit such use, apparently as a convenience to the academy, but only
through December 2009. The city should be aware that it appears that the
wall between the two units of the duplex has been removed, so it is no
longer a "duplex." Please advise, of the city's position On the continued use
of the structure at 52.8/530 Third Street East as an academy dormitory.
Also, during the time the academy's latest request for the CUP was pending
(Suminer 2009) it became known that the conditions "Pon which the
PreviOus'CUPS were granted to the academy have never• been satisfied.
Specifically, the *previous approvals were conditioned upon the academy
obtaining "all required licensing, inspections and approvals" . , . "fi.-on, tile,
State Department of Public Health." Since the academy has -never been
licensed, registered with, or been "certified" 'by the Montana Department of
Health and Human Services, it has never been in compliance with the
original CUPs for the structures at 205 and 305, Fifth Avenue East. It
appears that that the city may have been misled by the academy into
believing that it would register with the Montana Department of Health and
Human Services. If such were the case the CUPs were clearly obtained
under false pretenses, apparently to circumvent zoning restrict -ions. Under
such circumstances the previously approved CUPs should be deemed void.
Furthermore, the previous CUPs were granted to the academy . tinder the
erroneous belief that the academy was entitled to a statutory exemption from
zoning restrictions under Section 76-2-412 M.C.A. Since such is not the
case the previous CUPs should be void for that reason as well, , .
In light of the above facts, -we consider the continuing presence of a
commercial youth group home dormitory complex in a residential
neighborhood to be in violation' of city zoning restrictions. The city has a
duty to enforce its zoning restrictions to ensure that the character, and quality
of Kalispell's residential neighborhoods are preserved. Therefore, please
advise as to what action the city is taking to enforce Kalispell's, zoning
ordinances in this matter.
Sincerely,
OR=
Cc: Charles Harball, Esq.
City Attorney
Jane Howington
City Manager