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