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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 Page 2 of 11 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