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1. Conditional Use Permit - Randall - Group HomeREPORT TO: FROM: SUBJECT: City of Kalispell Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 Honorable Mayor and City Council PJ Sorensen, Zoning Administrator Chris Kukulski, City Manager Conditional Use Permit for a Community Residential Facility on Crestline Avenue MEETING DATE: August 16, 1999 BACKGROUND: This CUP request was first before the Council on August 2. At that time, the request was tabled for further analysis. The primary issues to be looked at are: (1) limiting the number of residents; (2) signage; (3) fencing; and (4) parking. We cannot place a limit on the number of residents. Under state law, a community residential facility with eight or fewer persons must be allowed in residential zones, Sec. 76-2- 412, MCA, and we cannot restrict the number of residents in a manner differently than provided under that statute. Those size facilities have a "well established right to locate in any residential area in Montana." Mahrt v. City of Kalispell, 690 P.2d 419 (Mont. 1984). Limiting the number of residents to four would violate the statute in the same manner as an outright denial. In regard to signage, any sign other than a one square foot nameplate on the wall is not permitted under the zoning ordinance. Thus, there will not be any signs inconsistent with the residential character of the neighborhood. The Petitioner has indicated a willingness to voluntarily fence the property if requested. There is already a fence enclosing the front yard. It is staffs opinion that a fence enclosing the rear yard along Charlotte would not only be unnecessary, but would be inconsistent with the neighboring homes and make the facility more noticeable, rather than less so. Furthermore, the residents will only be living on the top floor with the caregivers residing on the bottom floor. With that arrangement, fencing the yard along Charlotte would not serve any safety -related purpose. Finally, the available parking is more than adequate. The minimum number of parking spaces required under the zoning ordinance are provided. Similar to most homes in the neighborhood, several additional spaces are available within the right-of-way, but off of the street and outside of the flow of traffic. RECOMMENDATION: A motion should be made and approved removing the issue from the table followed by a motion to approve the CUP request. FISCAL. EFFECTS: 'Respectfully submitted, P3 Sorensen Zoning Administrator None As suggested by the Council. Chris A. Kukulski City Manager Report compiled August 12, 1999 City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Byron and Lois Randall 120 Crestline Avenue Kalispell, MT 59901 - LEGAL DESCRIPTION: Use of an existing home to provide a group home for a maximum of four (4) senior citizens who do not require skilled nursing care. The property is described as Lot 10, Block 3, Highland Park Subdivision, Kalispell, Flathead County, Montana. ZONE: R-3, Residential Byron and Lois Randall have applied to the City of Kalispell for a conditional use permit to use an existing home to provide a group home for up to four (4) senior citizens who do not require skilled nursing care. The Kalispell City -County Planning Board and Zoning Commission, after due and proper notice, on July 13, 1999 held a public hearing on the application, took public comment and recommended that the application be approved subject to one condition. After reviewing the application, the record, the FRDO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Flathead Regional Development Office, Conditional Use Report #KCU-99-7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the use of an existing home to provide a group home for a maximum of four senior citizens who do not require skilled nursing care, subject to the following condition: SECTION I. 1. That all required licensing, inspections and approvals be obtained from the State Department of Public Health and the Kalispell Fire Marshall. 1 SECTION II. The conditional use permit is valid for a period of 18 months from the date of authorization or that a continuous good faith effort is being made to do so. Dated this day of STATE OF MONTANA ) ss County of Flathead ) 1999. Wm. E. Boharski Mayor On this day of , 1999, before me, a Notary Pubic, personally appeared Wm. E. Boharski, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana Residing at Kalispell, Montana My Commission Expires 2