03. Ordinance 1302 - Zone Change - Janae Moore - 1st ReadingORDINANCE NO. 1302
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY
OF KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY ZONING
CERTAIN REAL PROPERTY DESCRIBED AS LOTS 7-12, BLOCK 233, KALISPELL
4"" ADDITION, SECTION 7, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY (PREVIOUSLY ZONED RA-1, LOW DENSITY RESIDENTIAL
APARTMENT) TO RA-3 (RESIDENTIAL APARTMENT/OFFICE), IN ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN, AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Janae Moore, et al., the owners of property described
above, petitioned the City of Kalispell that the zoning
classification attached to the above described tract of land be
changed to RA-3, Residential Apartment/Office, and
WHEREAS, the property as described exists as property
surrounded to the North by single-family homes, RA-1 Zoning, to the
East by single-family homes, R-3 Zoning, to the South by single-
family homes, B-2 Zoning, and to the West by single-family homes,
B-2 Zoning, and
WHEREAS, the petition of Janae Moore, et. al was the subject
of a report compiled by the Flathead Regional Development Office,
#KCZ-98-6, dated January 4, 1999, in which the Flathead Regional
Development Office evaluated the petition and recommended that the
property as described above be zoned RA-3, Residential
Apartment/Office, as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission issued a report adopting the FRDO report and recommended
the property as described be zoned RA-3, Residential Apartment/
Office, and
WHEREAS, after considering all the evidence submitted on the
proposal -to zone the property as described RA-3, Residential
Apartment/Office, the City Council adopts, based upon the criterion
set forth in Section 76-3-608, MCA, and St-atp, Etc- v. Board of
County CnMmigsinnprs, Etc__ 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KCZ-98-6.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map
of the Kalispell Zoning Ordinance, (Ordinance #1175) is
hereby amended by designating the property described as
Lots 7-12, Blbck 233, Kalispell 4th Addition, Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County
as RA-3, Residential Apartment/Office.
SECTION IT. The balance of Section 27.02.010, Official
Zoning Map, City of Kalispell Zoning Ordinance not
amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty
(30) days from and after the date of its final passage
and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL OF
AND SIGNED BY THE MAYOR THIS DAY OF _
ATTEST:
Theresa White
Clerk of Council
N
THE CITY OF KALISPELL
. 1999.
Wm. E. Boharski
Mayor
Flathead Regional Development Office
723 5th Avenue East - Roan 414
Kalispell, Montana 59901
Phone: (406) 758-5980
Fax: (406) 758-5781
January 21, 1999
Glen Neier, Interim City Manager
City of Kalispell
P.O. Box 1997
Kalispell, MT 59903
Re: Janae Moore Zone Change Request from RA-1 to RA-3
Dear Glen:
The Kalispell City -County Planning Board met on January 12, 1999, and held a
public hearing to consider a request by Janae L. Moore, et al, for a zone change from
RA-1 Low Density Residential, to RA-3 Residential Apartment/Office on the
properties located on the east side of First Avenue E.N. between Washington and
Oregon Streets, at the following addresses: 351, 365, 373, 377, 381, and 395. The
area proposed for rezoning contains approximately 0.96 acres.
Steve Kountz of the Flathead Regional Development Office evaluated the proposal
based upon the statutory criteria and recorm-nended approval of the requested zone
change.
At the public hearing 4 out of the 6 affected property owners were in favor of the zone
change and 2 were against. The main concern of those against is that they want the
area to stay strictly residential.
The Planning Board discussed the public testimony. A motion was made and
seconded to adopt staff report #KZC-98-6 as findings of fact and forward a
recommendation to approve the zone change from RA-1 to RA-3. The motion passed
on a vote of six in favor and none opposed.
Please place this matter on the agenda for the February- 1, 1999 regular City Council
meeting. Please contact this board or Steve Kountz at the Flathead Regional
Development Office if you have any questions regarding this matter.
Sincerely,
Jean Johnson. President
Glen Neier
Re: Janae Moore zone change
January 12, 1999
Page 2 of 2
TJ/SK/tl
Attachments: FRDO Report #KZC-98-6 w/application materials
Draft minutes of 1/ 12/99 Planning Board meeting
Exhibit A (legal description)
c: w/Att: Theresa White, Kalispell City Clerk
c: w/o Att: Janae L. Moore, c/o Lou Stone, #6 Sunset Plaza, Kalispell, MT 59901
FE \... \TRANSMIT\KALISPEL\ 1999\KZC98-6
EjttORE ZONING MAP The first public hearing was introduced on a petition by Janae
111 AMENDMENTS Moore, et al to rezone approximately .96 acres located on the east
�[ side of First Avenue E.N. between Washington and Oregon Streets,
at the following addresses: 351,365, 373, 377, 381 and 395.
Staff Report Steve Kountz, FRDO, presented a summary of Staff Report #KZC-
98-6, recommending that the planning board and zoning
commission adopt the report and recommend the approval of the
requested zone change from RA-1 to RA-3. He presented 3 letters
in favor and 2 against the zone change out of 6 property owners.
Public Hearing: The public hearing was opened to the audience in favor of the
proposed change.
Proponents The applicant, Janae Moore, spoke in favor of the proposal and
noted that there are 4 property owners in favor and 2 against the
zone change.
Lou Stone, 303 9th Avenue, Co -petitioner, spoke in favor of the
petition. She is looking at the lot for purchase for a clinic and this
lot would include off street parking. The area also has a scattering
of small businesses.
Janene Lembke, 1325 4tn Street West, spoke in favor of the
petition by agreeing with the previous proponents.
Opponents Karen Olson, 373 1st Avenue E.N. spoke against the zone change
and is concerned about the economic viability of the area.
No one else spoke against the petition.
Board Discussion The board discussed spot zoning and concerns over transitional
zoning, and mined use zoning and gave their views on this request
for a zone change.
Motion Stevens moved and Heinecke seconded that the Kalispell City -
County Planning Board and Zoning Commission adopt Staff
Report #KZC-98-6 as findings of fact and recommend that the
Kalispell City Council approve the requested zone change for the
entire block.
President Johnson asked that the recording secretary rotate the
request for votes.
Roll Call Vote On a roll call vote all members present voted Aye. The motion
carried on a vote of 9-0.
ROSAUERS A request from the City of Kalispell and Rosauers Supermarkets,
SUPERMARKETS AND for a zone change from P-1 Public Zoning to B-2 General Business
Kalispell City County Planning Board
Minutes of meeting January 12, 1999
Page 3 of 6
JANAE L. MOORE ET AL.
FLATHEAD REGIONAL DEVELOPMENT OFFICE
ZONE CHANGE REPORT #KZC-98-6
JANUARY 4, 1999
A report to the Kalispell City -County Planning Board and the Kalispell City Council regarding
a zone change request from RA-1 to RA-3. A public hearing has been scheduled before the
planning board on January 12, 1998, in the City Hall Council Chambers. The planning
board will forward a recommendation to the city council for final action.
A. Petitioner: Janae L. Moore (owner of lot 12, block 233)
c/o Lou Stone
#6 Sunset Plaza
Kalispell, MT 59901
Gladys C. Baier (owner of lot 8, block 233)
Helen M. Pokoroski (owner of lot 10, block 233)
B. Size and location: The property proposed for rezoning is approximately 0.96 acres
in size. The properties consist of those on the east side of First Avenue E.N.
between Washington and Oregon Streets, at the following addresses: 351, 365, 373,
377, 381, and 395. The property is described as Lots 7-12, Block 233, Kalispell 4m
Addition, Section 7, T28N, R21 W, P.M., M., Flathead County, Montana.
C. Existing zoning: The existing zoning is RA-1 Low Density Residential Apartment,
which requires a minimum lot size of 6,000 square feet for a duplex and 3,000 square
feet per additional dwelling unit. RA-1 zoning would allow up to a duplex on each lot.
D. Proposed Zoning: The proposed zoning is RA-3 Residential Apartment / Office.
The amendment would allow the site to be used for clinics, professional or
governmental offices, or pharmacies as permitted uses, which are not allowed in the
RA-1 district. The amendment would also change the minimum lot area to 7,000
square feet for a duplex and 1,500 square feet per each additional dwelling unit, thus
also allowing up to a duplex on each lot.
E. Existing Land Use: Each lot has a single family house on it.
F. Adjacent Land Uses and Zoning:
North: Single-family houses, RA-1 zoning
East: Alley, single family houses, R-3 zoning
South: Washington St., single family houses, B-2 zoning
West- 1 st A. E., single family houses, B-2 zoning
G. Utilities and Public Services:
Sewer: City of Kalispell
Water:
City of Kalispell
Refuse:
City of Kalispell
Electricity:
Flathead Electric
Telephone:
Centurytel
Schools:
School District #5
Fire:
City of Kalispell
Police:
City of Kalispell
H. Relation to zoning requirements:
The existing lot sizes and land uses would comply with the proposed zoning. The
width of the existing lots (50 feet) do not comply with either the existing RA-1
requirements (60 foot minimum) or the proposed RA-3 requirements (70 foot
minimum).
The statutory basis for reviewing a change in zoning is set forth by 76-2-303 and 76-2-305,
M.C.A. The application is evaluated in accordance with the zoning criteria described by 76-
3-304, M.C.A.
Does the requested zone comply with the Master Plan?
The rezoning would substantially comply with the master plan. The site is designated
as "high density residential' land on the master plan map, which would support both
the existing and proposed zoning. The master plan, adopted in 1986, is in the
process of being updated. The current draft of the plan update (dated 10/20/98 and
being circulated for public review) designates this area as "urban mixed -use corridor,"
which would support multi -family housing or commercial uses on the site.
2. Is the requested zone designed to lessen congestion in the streets?
The site is well located for circulation to accommodate RA-3 development without
undue congestion. The site is within one block of two major arterials, Highways 2 and
93. To reduce traffic congestion in the planning jurisdiction overall, land uses that
have higher traffic volume are encouraged to locate in close proximity to collector or
arterial streets. The site has suitable access by 1st Av. E., a city street which has
paved width of approximately 40 feet, as well as curbs, gutters, and sidewalks. Traffic
generation from small general offices, which the rezoning would allow, is estimated at
approximately 18 average daily trips per 1,000 square feet of gross floor area. In
comparison, single family houses generate approximately 10 average daily trips.
Medical offices, also allowed by RA-3 zoning, typically generate more traffic,
estimated at 55 average daily trips per 1,000 square feet of gross floor area. The
property across the street, having the same access by 1 st Av. E. is zoned B-2 General
Commercial, which allows a much wider range of commercial uses and much higher
potential traffic volume.
3. Will the requested zone secure safety from fire, panic, and other dangers?
Access, fire suppression and circulation are adequate to secure the area from fire,
panic and other dangers which might compromise the public safety. No unusual
impacts of the rezoning on public safety or emergency services are anticipated. New
construction will be required to comply with the Uniform Fire Code and the applicable
building codes.
4. Will the requested change promote the health and general welfare?
The rezoning would provide for gradual expansion of more intensive development
along the highway corridor areas (i.e., within two blocks of the highway), which offers
several public advantages: to expand small business opportunities in central Kalispell
as an alternative to linear growth along outlying highways; to improve the connection
and transition between the highway commercial districts and adjacent neighborhoods;
and to improve transportation efficiency by concentrating more intensive growth near
arterials and creating more walkable business districts. No significant impacts on
public health are anticipated.
5. Will the requested zone provide for adequate light and air?
No significant impact is anticipated. The RA-1 and RA-3 districts have comparable
building height and setback requirements which provide for light and air between
buildings.
6. Will the requested zone
The rezoning would prevent overcrowding and undue concentration of people. The
rezoning would comply with the master plan, providing for gradual expansion of more
intensive development along the highway corridor areas. The change from RA-1 to
RA-3 would be a relatively minor increase in land use intensity.
7. Will the requested zone facilitate the adequate provisi
seweraae. schools, parks, and other public requireme
The available infrastructure and public services are generally adequate to
accommodate development under either RA-1 or RA-3 zoning. All municipal public
services and facilities are available to this site, such as fire protection, police
protection, schools, parks and recreation and suitable street access. The change
from RA-1 to RA-3 is anticipated to result in a relatively minor increase in demand for
services.
8. Does the requested zone give consideration to the particular suitability of the property
for particular uses?
The site is generally suitable for development under either RA-1 or RA-3 zoning. No
significant environmental constraints are apparent on the site.
3
9. Does the requested zone _give reasonable consideration to the character of the
district?
The character of the site is affected both by its historical development pattern of
single family housing and its location within a block of highway commercial
development. The site is developed as and surrounded by single family houses, and
the rezoning would be inconsistent with this existing land use pattern. Three
circumstances significantly mitigate the effect of that inconsistency. First, the change
in land use intensity between RA-1 and RA-3 is relatively minor, and the office uses
allowed under RA-3 are generally considered compatible in multifamily residential
areas. Second, the land on the other side of the street is zoned B-2 General
Business, providing for substantially more intensive commercial development than
this proposal. Third, allowing commercial use of the existing single-family houses,
may conserve the existing buildings and lot size, while the existing RA-1 zoning
provides for replacing each existing house with a duplex or combining lots to
redevelop the block as multifamily housing. A notice of public hearing was mailed to
property owners within 150 feet of the subject property approximately 15 days prior to
the hearing. One letter was received from Kathleen Pierce, an owner within the zone
change area, stating that she does not oppose a change on lot 12 to accommodate a
medical office on that corner, but does oppose the proposed zone change along the
entire block.
10. Will the proposed zone conserve the value of buildings?
The rezoning would increase development options on the site. The inconsistency of
the rezoning with the existing land use pattern of single-family housing may adversely
affect neighboring residential properties as changes in land use occur. See also the
discussion above on the character of the area.
11. Will the requested zone encourage the most appropriate use of the land throughout
the iurisdiction?
As noted above, the rezoning would comply with the master plan, providing for
gradual expansion of more intensive development along the city's highway corridor
areas. Public advantages of this planned land use pattern include the following: to
expand small business opportunities in central Kalispell as an alternative to linear
growth along outlying highways; to improve the connection and transition between the
highway commercial districts and adjacent neighborhoods; and to improve
transportation efficiency by concentrating more intensive growth near arterials and
creating more walkable business districts. The change in land use intensity between
RA-1 and RA-3 is relatively minor, and the office uses allowed under RA-3 are
generally considered compatible in multifamily residential areas.
RECOMMENDATION
Staff recommends that the Kalispell City -County Planning Board and Zoning Commission
adopt FRDO staff report #KZC-98-6 as findings of fact and recommend approval of the
requested zone change.
If substantial neighborhood opposition occurs to the rezoning of the entire block and the
board opposes doing so, staff recommends that the board consider reducing the zone
change area to the corner lot 12. The original applicant proposed a zone change only on lot
12, and staff recommended that the applicant try to obtain the approval of neighbors to
expand the zone change area to the entire block, in order to do as follows: set a consistent
land use pattern along the block; avoid splitting the larger RA-1 district into two by inserting
one lot of RA-3 zoning; and avoid potential objections that rezoning lot 12 only may be
interpreted as inappropriate spot zoning that gives one landowner undue advantage over
surrounding owners. While rezoning lot 12 only may result in a hopscotch land use pattern,
it may be considered an acceptable and appropriate change by the neighborhood, if
rezoning the entire block is not.
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JANAE L. MOORE f LOU STONE
ZONE CHANGE REQUEST FROM RA-1,
LOW DENSITY RESIDENTIAL APARTMENT, TO RA-3,
RESIDENTIAL APARTMENT/OFFICE
TO ESTABLISH A COUNSELING CENTER
KALISPELL ZONING DISTRICT
NM DM:10/16/98
FILE# KZC-98-6 SCALE 1" = 200' mA'&\dite\xzc98_6. s
1.
2.
3.
4.
5.
Flathead Regional Development Office
723 Sth Ave. East Room 414
Kalispell, MT 59901 APPL 1CATi0N MAT
Phone: (406)758-5980 Fax: (406)758-5781 -> •
PETITION FOR ZONING AMENDMENT
CITY OF KALISPELL
" 5,L
4 '
DEC 14 1998
•Z. .
NAME OF APPLICANT:_ Janae L. Moore Lou Stone
MAIL ADDRESS: ##r, Slinset Plaza
CITY/STATE/ZIP: Kalispell, MT 59901 PHONE: 406-257-3721
INTEREST IN PROPERTY: to establish counseling e n r_
ZONING MAP AMENDMENT: ZONING TEXT AMENDMENT:
r• 0•lips it; DD Is)•V
A. What is the proposed zoning text amendment?
IF THE REQUEST PERTAINS TO AN AMENDMENT TO THE ZONING MAP,
PLEASE COMPLETE THE FOLLOWING:
A. Address of the property: 395 1 s t Avenue E. N.
B. Legal Description:T•nt- 12 R] n _k 231 7-98-21 �' .�� ?--//
(Lot and Block of Subdivision; Tract #)
(Section, Township, Range) (Attach sheet for metes and bounds)
C. The present zoning of the above property is: R-1
D. The proposed zoning of the above property is:R 3
E. State the changed or changing conditions that make the proposed
amendment necessary:
Intentto establish my practice in psychology at the
location-
1
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE
OF:
A. Promoting the Master Plan RA-1 to RA-# is consistent with the
area,
B. Lessening congestion in the streets and providing safe access Off street
parking available for 3 vehicles on Oregon. Wheelchair ramp.
Only rare use on weekends.The business is relatively low
C. Promoting safety from fire, panic and other dangers _House will be inspected
prior to purchase. Any mental health emergencies may require
pol i c-P/medi cal assistance, Fire extinguisher, smoke alarm-s-
accessable to Fire Dept./Police.
D. Promoting the public interest, health, comfort, convenience, safety and general
welfare The husinacc iS relatively low impact business other than
1-2 care cnmina P. goirif at intervals of approx. 1 hour_ it also
rovides an important community service.
E. Preventing the overcrowding of land No additional structures are
intended.
F. Avoiding undue concentration of population Utilizes the Px i s i- i n a
structure. Does not increase population.
G. Facilitating the adequate provision of transportation, water, sewage, schools,
parks and other public facilities Water, sewage available. No impact
on provision of other public facilities.
H. Giving reasonable consideration to the character of the districtThere are a
number of businesses in the RN section of Kalispell_ The
parking area & the design of the house led me to choose this
property. In addition, it is near many businesses which are also
gcated in houses. Commercial.B-3lis cross the street
I. Giving consideration to the pec ar suitability of the property for particular
uses The parking area & the design of this hmise led me to choose
this property. In addition, it is near many businesses which are
J. Protecting and conserving the value of buildings Recent work nn t h a h n„ s e h a s
included: painted- outside & inside. New carpet, new appliances,
new Cadet Zone heat, new hot water tank, bathroom totally gutted
& remodeled, new counter tops. Building is in good condition.
Intend ongoing maintenance as nee e .
K. Encouraging the most appropriate use of land by assuring orderly growth
The location is consisten with residential & business usage of
property in the area. A relatively minor change in zoning.
The signing of this application signifies approval for F.R.D.O. staff to be present on
the property for routine monitoring and inspection during approval process.
/y ice'
(Applicant) (Date)
3
APPLICATION PROCESS
APPLICABLE TO ALL ZONING APPLICATIONS:
A. Pre -Application Meeting:
A discussion with the Planning Director or designated member of staff must
precede filing of this application. Among topics to be discussed are: Master
Plan compatibility with the application, compatibility of proposed zone change
with surrounding zoning classifications, and the application procedure.
B. Completed application form.
C. Application fee per schedule, made payable to the Flathead Regional
Development Office.
Fee Schedule
Zone Change:
Basefee........................................................................$400.00
For first 80 acres of area of the request.................Add $5/acre
For requests for 81 - 160 acres.............................Add $3/acre
For requests covering 161 acres or more...............Add $1 /acre
Amendment to Zoning Text......................................................$300.00
PUD Zoning Review:
Residential.................................................................... $400.00
Commercial................................................................... $ 500.00
Mixed Use.....................................................................$650.00
D. The application must be accepted as complete by the FRDO staff thirty (30)
days prior to the date of the meeting at which it will be heard in order that
requirements of state statutes and the zoning regulations may be fulfilled.
APPLICABLE TO APPLICATIONS FOR ZONE CHANGE:
A. Application Contents:
1. Petition for zone change signed by at least 50% of the property owners in
the area for which the change in zoning classification is sought.
A map showing the location and boundaries of the property.
3. A list of the names and mail addresses of all property owners within 150
feet of the subject property as shown on the Assessor's roll.
Example
Assessor's S-T-R Lot/Tract Property Owner
No. No. and Mail Address
4. A title report of the subject property.
0
SELLER DIRECT
R E A L E 8 T A T E C
December 8, 1998
RE: Residential Zoning Change
Dear Homeowner.
Kallepell Center Mall 20 North Main Street, Kalispell. MT 59901
Phone: (406) 752-5582 Fax: (406) 752-5515
Internet: httpl/aethersemcomJseller.
I am representing Dr. Lou Stone who is a therapist providing treatment for
children and adults. Dr. Stone is interested in purchasing the home at 395 First
Avenue E. N. to use as a professional office.
In order to accomplish this, the zoning for this property must be converted from
an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning
Ordinances to give you an idea of what the change would entail.
Dr. Stone would only be using this property primarily during business hours and
off-street parking would only be one to three cars at hourly intervals. This
change would have no effect upon you at this time, however would greatly
BENEFIT you in any future resale of property, i.e. the property could be used
as residential or a professional office (not retail sales) and/or a home based
business. �u r
As time is of the essence in this matter, please sign below to agree to this zoning
change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission
on Friday, December 11, 1998. 1 would be happy to pick this letter up from you
Friday morning, or it can be dropped by my office in the Kalispell Center Mall.
If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or
Steve Kuntz at 758-5980.
Thank you for your consideration.
Broker Associate
JUrh
Enclosure
I/WE AGREE TO A ZONING CHANGE FROM
RA-1 TO RA-3 ZONING
Homeowner
M �zdI�E- 6 i / 15 -,�.5 -9
Address Phone
I,(.1�Tpl► COMoff
,SELLER DIRECT
R E A L E S T A T E C
December 8, 1998
RE: Residential Zoning Change
Dear Homeowner:
Kalispell Center Mail • 20 North Main Street, Kalispell, SAT 59901
Phone: (406) 752-5582 Fax: (406) 752-5515
Internet: httpJ/astherserv.com/seller.
am representing Dr. Lou Stone who is a therapist providing treatment for
children and adults. Dr. Stone is interested in purchasing the home at 395 First
Avenue E. N. to use as a professional office.
In order to accomplish this, the zoning for this property must be converted from
an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning
Ordinances to give you an idea of what the change would entail.
Dr. Stone would only be using this property primarily during business hours and
off-street parking would only be one to three cars at hourly intervals. This
change would have no effect upon you at this time, however would greatly
BENEFIT you in any future resale of property, i.e. the property could be used
as residential or a professional o... .f{not retail sales) and/or a home based
business. V;, vv-
As time is of the essence in this matter, please sign below to agree to this zoning
change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission
on Friday, December 11, 1998. 1 would be happy to pick this letter up from you
Friday morning, or it can be dropped by my office in the Kalispell Center Mall.
If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or
Steve Kuntz at 758-5980.
Thank you for your consideration.
Sincerely,
ne mb
Broker Associate
JL/rh
Enclosure
DINE AGREE TO A ZONING CHANGE FROM
RA-1 TO RA-3 ZONING
Homeowner
Address Phone
I�EKTOIP Eow0r1
SELLER DIRECT
R E A L E S T A T E C
December 8, 1998
RE: Residential Zoning Change
Dear Homeowner:
Kalispell Center Malt 20 North Main Street, Kalispell, MT 59901
Phone: (406) 752-5582 Fax: (406) 752-5515
Internet: httpY/aetherserv.com/seller.
I am representing Dr. Lou Stone who is a therapist providing treatment for
children and adults. Dr. Stone is interested in purchasing the home at 395 First
Avenue E. N. to use as a professional office.
In order to accomplish this, the zoning for this property must be converted from
an RA-1 zone to RA-3. I have enclosed copies of both of these Zoning
Ordinances to give you an idea of what the change would entail.
Dr. Stone would only be using this property primarily during business hours and
off-street parking would only be one to three cars at hourly intervals. This
change would have no effect upon you at this time, however would greatly
BENEFIT you in any future resale of t#�i:&property, i.e. the property could be used
as residential or a professional office((not retail sales) and/or a home based
business. V c. ; f-
As time is of the essence in this matter, please sign below to agree to this zoning
change. Dr. Stone is meeting with Steve Kuntz of the City Planning Commission
on Friday, December 11, 1998. 1 would be happy to pick this letter up from you
Friday morning, or it can be dropped by my office in the Kalispell Center Mail.
If you have questions, please contact me at 752-5582, Dr. Stone at 257-1623, or
Steve Kuntz at 758-5980.
Thank you for your consideration.
Skxere.1
1
s
Ja een
Broker Associate
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Enclosure � � �7L46.
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January 7, 1999
To Whom It May Concern:
I have yet to figure out the fact that there are several office buildings and empty
properties in several Commercially Zoned areas that are empty and waiting to be rented
or sold. Why do people have to invade a residential area to put a Doctor's office?
We have lived at our residence since 1978 and are content with it staying residential. I
have no intention of disrupting a nice neighborhood to add more traffic to this area.
Please consider the feelings of the property owners that actually plan on spending our
retirement years in this location.
I would ask you vote against the zone change on lots 7, 8, 9, 10, 11, and 12 of block 233
Kalispell, 4th addition; section 7, T28N. R21 W, P.M., M_, Flathead Cotuity, Montana.
Thank you for your time.
Beverly Kober
360 1 st Ave EN
Kalispell, MT 59901