04. Ordinance 1317 - Initial Zoning - Berger - 1st ReadingORDINANCE NO. 1317
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 THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST,
P.M.M., FLATHEAD COUNTY (PREVIOUSLY ZONED COUNTY R-1, SUBURBAN
RESIDENTIAL) TO CITY R-4 (TWO FAMILY RESIDENTIAL), IN -ACCORDANCE
WITH THE CITY -COUNTY MASTER PLAN,. AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS,` David and Deanne Berger, 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 R-4, Two Family Residential, and
WHEREAS, the property as described exists as property
surrounded to the North by County R-1 Zoning (100 year floodplain),
to the East by County R-1 Zoning (undeveloped), to the South by
City R-4 Zoning (Single family homes), and to the West by County R-
1 Zoning (undeveloped), and
WHEREAS, the petition of David and Deanne Berger was the
subject of a report compiled by the Flathead Regional Development
Office, #KA-99-4, dated June 1, 1999, in which the Flathead
Regional Development Office evaluated the petition and recommended
that the property as described above be zoned R-4, Two Family
Residential as requested by the petition, and
WHEREAS, the Kalispell City -County Planning Board and Zoning
Commission adopted the FRDO report and recommended the property as
described be zoned R-4, Two Family Residential, and
WHEREAS, after considering all the evidence submitted on the
proposal to zone the property as described R-4, Two Family
Residential, the City Council adopts, based upon the criterion set
forth in Section 76-3-608, M.C.A., and State, Etc. v. Board of
county Commissioners, Etc. 590 P2d 602, the findings of fact of
FRDO as set forth in Report No. KA-99-4.
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 in
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Exhibit "A", attached hereto and made a part hereof as R-
4, Two Family Residential.
SECTION II. 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 THE CITY OF KALISPELL
AND SIGNED BY THE MAYOR THIS DAY OF JULY, 1999.
Wm. E. Boharski
Mayor
ATTEST:
Theresa white
City Clerk
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