CUP DewGood/Brannigan's CasinoReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
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Paula Robinson, Flathead CountyMT b NC Fees: $14.00
Y 3/5/2013 2:33 PM
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: DewGood, LLC
PO Box 10007
Kalispell, MT 59904
(406) 752-5411
LEGAL DESCRIPTION: Lot l of Kalispell Market Place Phase III
ZONE: Central Business, B-4
The applicant has applied to the City of Kalispell for a conditional use permit to _operate an accessory
casino on the second floor of the Loading Dock above the existing Brannigan's Pub, in the B-4 zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on February
12, 2013, held a public hearing on the application, took public comment and recommended that the application
be approved subject to eight conditions.
After reviewing the application, the record, the KPD report, and after duly considering the matter, the
City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell
Planning Department Conditional Use Report #KCU-13-01 as the Council's findings of fact, and issues and
grants to the above -described real property a conditional use permit to operate an accessory casino on the
second floor of the Loading Dock in the Central Business, B-4 zoning district subject to the following
conditions:
On -going conditions:
That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
Prior to the issuance of a building permit:
2. The building permit submittal shall substantially comply with the approved plan.
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Fees:$14.00
3/5/2013 2:33 PM
Prior to the issuance of a Certificate of Occupancy
In order to comply with building and fire code requirements, a fire sprinkler system shall be installed
throughout the entire building in accordance with applicable design requirements, or, if other options
are available under the codes, those measures may be implemented as an alternative.
4. The curb along the entire Center Street frontage of the Loading Dock shall be painted yellow. The
contractor shall obtain a right-of-way permit from the Public Works Department prior to commencing
the work.
Requirements for a specific conditional use (accessory casino):
The card room and video gaming room cannot exceed 20% of the overall floor area of the entire
Brannigan's use in the event the zoning ordinance is amended to allow up to 20% of the floor area to be
used, or no more than 10% of the overall floor area in the event that the current language is not changed.
6. Casino areas on the second floor (i.e. the card room and video gaming room) shall be shielded from view
of the dining area located on the second floor. The screening shall consist of floor to ceiling separations.
Except for the single wall sign indicated in the application, exterior signage cannot include (a) terms such
as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated activity or any symbol
or word commonly associated with gaming; or (c) any words, terms, figures, art work, or features
intended or designed to attract attention to the fact that a casino is on site. For purposes of this condition,
exterior signage would include any signs mounted in windows or otherwise visible from the exterior of
the building.
8. Neon lighting on the building is prohibited.
Dated this 4th day of March, 2013.
Tammi Fisher
Mayor
STATE OF MONTANA
ss
County of Flathead )
j
On this day of Z1 2013 before me, a Notary Public, personally appeared
Tammi Fisher, 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 she 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
{g Printed Name:
t � 'z�. o �a^•. kG
Residing at Kalispell, Montana,
My Commission Expires 1�