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4. Resolution 5283 - Preliminary Plat and Variance Approval - Legends CourtJEP®RT TC: 1?Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II Jaynes H. Patrick, City Manager SUBJECT: Preliminary Plat approval of Legends Court and approval of a variance to the Kalispell Subdivision. Regulations MEETING DATE: June 16, 2008 BACKGROUND: This is a preliminary plat request for a three lot minor subdivision on two existing residential tracts of land located at 1224 Fourth Avenue west in Kalispell. The site is just under one --half acre in size and contains a single family residence and a number of accessory structures, including a garage and sheds. All but the existing home will removed from the site. The property is zoned R-4, Two - Family Residential, and lies on the west side of Fourth Avenue west a couple hundred feet south of 12th Street ]`Test. Fourth Avenue in this area dead -ends approximately 200 feet to the south and will likely never be widened or extended south due to existing development, Ashley Creek and a lack of need. The three lots would range in size from 6,000 square feet to 8,000 square feet. In conjunction with the preliminary plat request, the applicant is seeking a variance from the Kalispell Subdivision Regulations. Fourth Avenue west has a 40 foot right- of-way and the local street standard is 00 feet - a 10 foot dedication is required. The applicant is proposing to place a 10-foot easement adjacent to the Fourth Avenue West right-of-way in place of an actual dedication. The easement would functionally provide the same improvements as dedicated land such as a sidewalk, boulevard and street trees. Without this relaxation, the proposed subdivision would not meet the R- 4 district's property development standard for r inimum lot size. There are unique circumstances in this case that provide the basis for staff support of the variance. RECOMMENDATION: A motion to approve the variance to the Subdivision Regulations Section 3.08(C) and 3.09 (Table 1) and preliminary plat with the 13 conditions attached in staff report KSR-08-1 would be in order. FISCAL EFFECTS: Positive impacts once fully developed. ALTRRHATPVES: As suggested by the City Council. Respectfully submitted, Nicole C. Johnson Planner II Deport compiled: June 11, 2008 � James H. Patrick City Manager Attachments: Staff Report KSR--08--01 and application materials c: Theresa White, Kalispell City Clerk Narda Wilson, 184 Midway Drive, Columbia Falls, Montana 59912 Tracy Gardner, P.O. Box 2854, Kalispell, Montana 59908 2 RESOLUTION NO.5283 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LEGENDS COURT SUBDIVISION, MORE PAR'T'ICULARLY DESCRIBED AS ASSESSOR'S TRACTS 8Tl AND 8TII IN SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Tracy Gardner, owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Office has reviewed the proposed subdivision and made a report (#KSR-08- 1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of June 16, 2008, reviewed the Kalispell Planning Office Report #KSR.-08- 1, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALIS PELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report #KSR-08-1 are hereby adopted as the Findings of Fact of the City Council. SEC'T`ION II. That the application of Tracy Gardner for approval of the Preliminary Plat of Legends Court Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: General Conditions 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) 2. A variance shall be granted to allow a 10-foot non-exclusive access and utility easement along the east side of all three lots abutting Fourth Avenue west to serve as a pseudo public right--of- way in lieu of a dedicated right-of-way. 3. The access design for the lots shall meet the provisions outlined in Chapter S of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. (FINDINGS OF FACT, Section A --- Fire and Access) 4. Prior to and excavation or earthwork, a City Storrnwater Management Permit shall be approved and issued from the Kalispell Public works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the developer shall certify that the development is in compliance with the approved City S tormwater Management Permit. (Ordinance 1600 and FINDINGS OF FACT, Section C - Drainage) Prior to Final Plat 5. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. (FINDINGS OF FACT, Section F --- Compliance with Zoning) 6. The 10-foot easement along Fourth Avenue west shall include a minimum five foot sidewalk., boulevard and street trees as approved by the Kalispell Public works and Parks and Recreation Departments. A plan shall be approved by each department and the improvements installed prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A - Access and Kalispell Subdivision Regulations, Appendix A) 7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three foot buffer from the trunk of the tree. The replacement tree shall be an approved species and meet the International Society of Arborist (ISA) standards. 8. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved driveway and a minimum of two off-street parking spaces in accordance with the Kalispell Zoning Ordinance. The parking spaces may not extend into the 10-foot sidewalk easement abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning Department. (FINDINGS OF FACT, Section A —Parking) Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a house oriented street design. 9. That the shared common road and utility easement located between lots 1 and 3 shall provide access for all three lots. The easement shall be non-exclusive and encompass the full extent of the flag portion of Lot 2 to ensure lots 1 and 3 have full access along the east and west portion of the lots. The access road shall be paved and shall be constructed to a minimum 14-foot width. (FINDINGS OF FACT, Section A —Access) 10. A maintenance agreement for the private drive access and utility easement shall be developed and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The agreement shall include provisions for paving, maintenance, snow removal, etc. The owner shall record the agreement with the filing of the final plat. (FINDINGS OF FACT, Section A — Access) 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 12. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of Fourth Avenue West (Kalispell Subdivision Regulations Section 3.09, (J)) On -going; Conditions 13. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 16TH DAY OF JUNE, 2008. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk KALISPELL PLANNING DEPARTMENT LEGENDS COURT SUBDIVISION SUBDIVISION REPORT KSR-08-01 JUNE 11, 2008 This is a report to the Kalispell City council detailing findings of fact for a minor residential subdivision. The request is scheduled to be discussed on June 16, 2008 starting at 7 : 00 P.M. in the Kalispell city council Chambers. BACKGROUND INFORMATION: The applicant has requested preliminary plat approval for a three lot subdivision on two existing tracts of land located at 1224 Fourth Avenue West in Kalispell. The project meets the criteria for a minor subdivision per Section 2.05 (B) of the Kalispell Subdivision Regulations. Records indicate the two tracts were created by grant deed in the early 1940's which is prior to July 1, 1973 -the cut-off date for minor subdivisions. A variance from the Kalispell Subdivision Regulations (Section 3.09) has also been requested to allow a 10-foot easement along Fourth Avenue west in place of a formal 10-foot right-of-way dedication as required by the regulations. without this variance no further subdivision of the property could be accomplished as the lots would not meet the current R-4 zoning district's property development standards. The proposal would allow for the standard sidewalk, trees and boulevard improvements. This report evaluates the proposal in accordance with Section 2.07 of the Kalispell Subdivision Regulations. A. Owner/Applicant: Tracy Gardner P.O. Box 2354 Kalispell, Montana 59903 253--9039 B. Technical assistance: Narda Wilson 184 Midway Drive Columbia Falls, Montana 59912 392-4898 Marquardt Surveying 201 Third Avenue west Kalispell Montana 59901 755-6255 C. Nature of the Request: This is a request for a three lot residential subdivision from two existing tracts of land. Technically, only one additional lot is being created. There is an existing single family home on the property as well as a number of other structures, including a garage and a couple of sheds. The owner intends to retain the existing house (Lot 3), but remove the other structures. Construction of single family homes or duplex/ townhouse -type dwellings can be expected on the north and wrest lots (Lot 1 and Lot 2) . The original tracts of land equal 0.437 of an acre. In the proposal, lots 1 and 3 front Fourth Avenue West and Lot 2 is designed as a "T" shaped flag lot. The 20-foot wide flag portion of Lot 2 will provide for a common driveway that all three lots would have access to. This is considered an infill situation as the neighborhood is well established and there is an existing home on the property (Figure 1 below). FIGURE 1. Existing home on the property. D. Location and size of Property: The address of the property is 1224 Fourth Avenue west which is located on the west side of the street and is just south of 12 to Street west. The property is approximately 0.4 7 3 of an acre in size and can be legally described as Assessor's Tracts 8T 1 and 8T 11 in Section 18, Township 28 North, Range 21 west, P.M.M., Flathead County, Montana. Prgpo sed lot sizes Lot 1: 6,052 square feet Lot 2: 8,512 square feet Lot 3: 6,055 square feet E. Existing land use and zoning: There are a number of accessory structures on the property including a single family home, a garage and two other structures. All structures on the property will be removed except for the home as shown in Figure 1 above. Records indicate the two tracts of land were created in 1946 through a grant deed and have never been further subdivided. The property is zoned R--4 Two Family Residential, which is intended primarily for single family and duplex (two -unit townhouse) dwellings. The minimum lot size requirement is 6,000 square feet and a minimum lot width of 50 feet. The two existing tracts of land meet the R-4's lot size requirements. As proposed the three lots, each 6,000 to 5,000 square feet in size, would also conform to these standards. However, a variance would be needed from the subdivision regulations to allow the owner to provide an easement instead of a right-of-way dedication. along Fourth Avenue west. A discussion of the variance request and the associated zoning issues are discussed below in Findings of Fact, Section H (Compliance with the Subdivision Regulations) . F. Adjacent Land Uses and Zoning: This property is located in an older residential neighborhood characterized by single family homes on large lots anywhere from. 10,000 square feet to over an acre in size. North: Single family residential, R-4 zoning South: single family residential, R.-4 zoning; County R-5; Ashley Creek Fast: Single family residential., R-4 zoning; Legends Field, P-1 zoning West: Single family residential, R-4 zoning G. Proposed Availability of Utilities/ services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Electric: Flathead Electric Cooperative Phone: CenturyI'el Police: City of Kalispell Fire: Kalispell Fire Department Natural Gas: Northwestern Energy Cable: Bresnan Communications Schools: School District #5, Kalispell REVIEW AND FINDINGS OF FACT This application is reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell City Subdivision Regulations. A. Effects on Health and Safety: Fire: This subdivision is in the service area of the Kalispell Fire Department. The property can be considered to be at low risk of fire because the subdivision and homes within the subdivision would be constructed in accordance with the International Fire Code and have access which meets City standards. A fire hydrant currently exists on the east side of Fourth Avenue ,L]L1"est approximately 40 feet from the subdivision. site. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure, hydrants and street signs would need to be in place. Flooding: None of this area is located in the 100 year floodplain per FEMA map number 30029C1315G dated September 28, 2007. 3 FIGURE 2. Existing access from Fourth Avenue west. SOUTH ACCESS NORTH ACCESS Access: Currently the property abuts Fourth Avenue west and the driveway is configured in a half circle with two curb cuts onto the street. The proposed subdivision has been designed to reduce the number of access points onto Fourth Avenue west by providing one common drive for all three lots. This design promotes a house oriented streetscape by allowing for garages to be constructed in the rear portion of lots 1 and 3. This access design shall meet the provisions outlined in the International Fire code. The proposed shared access on the flag portion of Lot 2 is approximately 117 feet in length and should be paved to a minimum 14 foot width. To ensure that lots 1 and 3 have access to the furthest extent of their property and promote that house forward design (construction of garages in the rear), the shared access and utility easement shall encompass the full extent of the flag portion of Lot 2. This is represented in the drawing in the top of Figure 3. In the past, when shared access easements did not run to the fullest length of one or more of the lots (bottom drawing) , future development and placement of a garage became restrictive for those lots that did not have full access to their property from the shared drive. The property owner would also be required to draft a maintenance agreement for all three lots for paving, maintenance, snow removal, etc. for the shared driveway. The shared driveway is required to be paved to city standards. The closest sidewalks in this neighborhood are along the east side of Fourth Avenue west one FIGURE 3. Easement. LOT 2 LOT 3:;::' LOT 1 FOURTH AVENUE WEST 4 block north and on l lth Street West. As required by the Section 3.11 of the Kalispell Subdivision Regulations, sidewalks or cash -in -lieu of a sidewalk (if construction is premature) is required. The entire length of the property along Fourth Avenue West will be improved with a five foot minimum sidewalk, boulevard and street trees. The applicant has requested to locate the sidewalk within a 10-foot easement in place of a formal right-of-way dedication as required in the subdivision regulations. A variance from the right-of-way dedication has been requested and is further discussed below under Section H (Compliance with the Kalispell Subdivision Regulations). The Parks and Recreation Department recommended that the tree located on Lot 1 be replaced if the sidewalk cannot be placed outside of a three foot buffer from the trunk of the tree. In the past, when sidewalks are constructed immediately adjacent to existing trees and roots are damaged, the trees become stressed. This welcomes disease into the area and in many cases the tree expires. The replacement tree shall be an approved species and meet the International Society of Arborist (ISA) standards. All other trees within the subdivision should be retained where possible. FIGURIE 4. Fourth Avenue west right-of-way and property frontage where public access is required to be provided. Parkin: As indicated previously, the developer intends to retain the existing home, but remove the other accessory structures, including the garage. A condition has been added requiring a parking plan to be submitted for Lot 3 where the existing house is. The Kalispell Zoning ordinance requires that two off-street parking spaces be provided within the lot area. The parking spaces may not encroach upon the right-of-way or sidewalk easement abutting Fourth S Avenue west. The applicant is encouraged to use the rear portion of the lots for required parking to accomplish the Growth Policy's goal of a house oriented street design. B. Effects on wildlife and wildlife Habitat: This property is within a developed portion of Kalispell and is surrounded by urban development. No significant habitat for wildlife or endangered species are present based on mapping information in Appendix A, Resources and Analysis Section, of the Kalispell Growth Policy. C. Effects on the Natural Environment: Surface and oundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. The closest surface water is Ashley Creek which lies approximately 600 feet to the south of this property. No impacts are anticipated by the development of this property. Drainage. This property in general is level and does not pose any challenging development constraints. The stormwater generated from the site will be required to be maintained on site or discharged to the existing storm drainage system within the Fourth Avenue west right-of-way. Run-off created by the development shall not be directed onto adjacent properties. Prior to an�r excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from. the Kalispell Public works Department. In accordance with ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the developer shall certify that the development is in compliance with the approved City Storrxlwater Management Permit. D. Effects on Local Services: Water: Water service to the subdivision would be provided by the City of Kalispell and taken from a water main that lies within the Fourth. Avenue West right-of-way. There is adequate capacity within the City's water system to accommodate this development. Individual hook-ups and meters will be required for each lot. Sewer: Sewer service will be provided by the City of Kalispell. Individual service will be required for each townhouse lot and the existing house. To accomplish this either a main may be needed to be extended along the shared access road if individual service lines prove unfeasible. There is adequate capacity within the sewage treatment plan to accommodate this development. Roads: Traffic projections for this subdivision are estimated to be approximately 28W40 vehicle trips per day based on the estimate of 7 -- 10 vehicle trips per residence per day into the area. Currently Fourth Avenue West is a quiet local road. while traffic will increase to some degree, the addition of two townhouse lots will be minor and insignificant. 0 Fourth Avenue West's right-of-way is currently 40 feet in width and does not meet the Kalispell Subdivision Regulation standards. Section 3.09 requires right-of-way dedication where right-of-way widths do not meet standards to allow for future improvements and maintenance. In this case, the owner is asking for a variance from this regulation. In place of the 10-foot right-of-way dedication as required for a "local" street, the owner has offered to place a 10- foot easement along Fourth Avenue west where the existing trees may be retained in the boulevard and a sidewalk would be constructed. Section H (Compliance with the Kalispell Subdivision Regulations) provides further details on the variance request. Regardless of an easement or right-of-way, the subdivision regulations allow the City Council to require the owner to waive their right to protest a special improvement district (SID) to upgrade existing streets which provide access to minor subdivisions in lieu of actual street improvements. This is done to avoid upgrading small sections of road. As such, a note should be placed on the face of the final plat which waives protest to the creation of a special improvement district for the upgrade of Fourth Avenue West in the future. Presently this may include sidewalks, storm drains and street trees. Schools: This development is within the boundaries of the Kalispell School District #5. The school district could anticipate that an additional three school aged children might be generated into the district at full build out. This number is used because it takes into account pre-school aged children, home school education options and private school education option. Not all of the children who live in the subdivision will be attending public schools. This would not have a significant impact on the district. Parks ^and open Space: The state and local subdivision regulations exempt minor subdivisions from the parkland / open space requirement when only one lot is being created. Although the proposal is for a three lot subdivision, two lots exist so technically only one additional lot is being created. At the time of inspection, the trees on this property had not budded out. Now it appears that some of the trees in front of the existing home (proposed Lot 3) may be dead or dying. These trees appear to be located within the Fourth Avenue West right-of-way and as such will be removed by the Parrs and Recreation Department when necessary. At such time, replacement of the trees will be discussed. Police: This subdivision would be in the jurisdiction of the City of Kalispell Police Department. The department can adequately provide service to this subdivision, however the cumulative impacts of growth within the city further strains the department's ability to continue to provide the high level of service the department is committed to. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department, and the subdivision will need to meet the requirements of the International Fire Code. Fire risk is low because of good access and fairly level 7 terrain and urban environment. There is an existing hydrant located near this property. Solid Waste-. solid waste will be handled by the City of Kalispell and the existing dome is currently served by the city. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Hospital is close, less than three miles from the site. E. Effects on Agriculture and agricultural water user facilities: The site has not been traditionally used for agricultural purposes and is well suited for urban residential development. Its location within city limits and its proximity to urban services makes this property appropriate for the type of development being proposed. There will be no impact on agricultural uses within the Valley and no impact on agricultural water user facilities since this property will be served by a public water system. F. Relation to the Kalispell Growth Policy: The Kalispell Growth Policy's future land use map for the area indicates this area is anticipated to be developed as Urban Residential. These areas are typically served by municipal water and sewer and have good access to other services and public facilities. This land use designation allows a density of three to 12 dwelling units per acre. The proposal would be built at a density of 5 units per acre. This subdivision 1s 1n compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: This property is zoned R-4, an Urban Two -Family Residential zoning distract that is intended for single --family and duplex (two - unit townhouse) development. The setbacks in this zone include a 15 foot front setback, 10 foot rear setback and 5 feet on either side. Prior to final plat, the applicant must demonstrate that the house is within the required setbacks for the R-4 zone and the other existing structures are removed. The setbacks for Lot are as follows: 15 foot front setback on the north end of Lot 2, 10 foot rear setback on the south end of Lot 2 and five foot side setbacks for the east and west portions of Lot 2. No structures may encroach upon the shared access drive. Lots 1 and 3 front Fourth Avenue West and therefore setbacks would be oriented towards the street. The proposed subdivision would comply with the R-4 zoning which has a minimum lot size requirement of 6,000 square feet and a minimum lot width of 50 feet with a variance from the subdivision Regulations. The applicant has requested a variance from the regulations to locate a 10-foot easement along Fourth Avenue West in place of the required right-of-way dedication. Without approval of the variance, lots 1 and 3 would not comply with the 6,000 square foot minimum lot size and in the rear lot (Lot 2) the 50-foot lot width requirement and therefore the subdivision would not be in compliance with the above zoning regulations. 8 . Compliance with the Kalispell Subdivision Regulations: This subdivision complies with all aspects of the Kalispell Subdivision Regulations except for the width of the abutting right-of-way on Fourth Avenue west. Fourth Avenue West has only a 40-foot right-of-way and an. additional 10 feet of right-of-way would be required to comply with the adopted standards of 60 feet for local roads according to Table 1, Section 3.09 of the Kalispell Subdivision Regulations. Due to unique circumstances, the applicant has requested a variance from these subdivision regulations to place a 10-foot easement along Fourth Avenue West in place of the required right-of-way dedication. The easement would function much in the same manner that a right--of-way would by providing public pedestrian access (a sidewalk), a boulevard and street trees. As the land in the easement would not be technically excluded from the lots, the lots would then meet the minimum development standards in the R-4 zone. If the variance is not approved, the applicant would not be able to subdivide the property. The variance is addressed below: . wiance to CHAPTER 3 -DESIGN STANDARDS SECTION 3.08 ACCESS and ,Z- ACTION 3.09 STREETS AND ROADS DESIGN STANDARDS . SECTION 3.08 (C) states "Any public or private street or road providing ingress and egress to a subdivision shall meet the street design standards and specifications stated in Section 3.09 of these Regulations." • SECTION 3.09 -- Table 1 requires 60 feet of right--of-vrray for local roads. Evaluation of the Variance Request The Kalispell Subdivision Regulations provide for the granting of variances subject to the adoption of findings outlined under Section 7.01(A) and findings made that the following criteria are met, each of which is discussed below. 1. The granting of the variance will not be detrimental to public health, safety or general welfare or injurious to other adjoining properties. The applicant proposes designating a 10-foot easement along the entire frontage of the property immediately adjacent to Fourth Avenue west in place of a formal right--of-way dedication to the City of Kalispell. The easement would serve as an access and utility easement and be required to be non --exclusive. A five foot sidewalk is planned and the existing trees and boulevard will be preserved where possible. with these conditions, the easement would function in much the same way that a right-of-way would. Should the variance be granted to allow an easement rather than a public right-of-way, the property owner's would be responsible for the maintenance of the boulevard, sidewalk and street trees. A condition has been added to require a note be placed on the final plat to that effect. • Additionally, the owner will be required to waive their right to protest the creation of a Special Improvement District (SID) to allow for future improvements to the street. Risk to the public health, safety and general welfare would not be greater in this case than if the right-of-way was dedicated. 2. The conditions on which the variance is based are unique to the property on which the variance is sought and are not applicable generally to other property. • The configuration of the lots was necessitated to insure that all of the lots in the subdivision comply with the minimum lot size and minimum width standards of the R-4 zoning district, a condition of preliminary plat approval. Dedicating 10 feet of additional right-of-way along Fourth Avenue West would reduce the proposed lot sizes below the 6,000 square foot minimum for the R-4 zone and would prohibit the owner from creating the third lot. A 10 foot easement would not impact the proposed lots sizes and would provide functionally the same improvements as a dedicated right-of-way - a sidewalk with adjacent boulevard. However, an easement does not afford the security a public right-of-way does in that the city does not own the public access, utility and area where future road improvements may be necessary. Figure 5. Ashley Creek is located to the south of the subject property. Fourth Avenue west ends approximately 200 feet to the south and the applicant made the case that the 10 feet of right-of-way would not be needed. The street serves approximately 12 residences and is not expected to be widened or extended south due to a lack of necessity, existing development and geographic constraints. Ashley Creek, an 0 impaired stream, is located about boo feet to the south and would likely be an impediment to any plans to extend the street. Figure 5 below shows where the proposed development is located in relationship to Ashley Creek and development to the south. While the Public works Department was satisfied with the sidewalk, boulevard and trees, they had reservations about allowing a deviation from a dedicated right-of-way to a dedicated easement. Recently, right-of- way dedications have been required on subdivisions just a couple of blocks to the crest. streets such as Fifth, sixth and seventh Avenues west do not meet the minimum right-of-way standards like Fourth Avenue west in this area. These roads, however, do not dead end and provide connections to sunnyside Drive, connecting the older parts of Kalispell to the newer southwest portions of the city. Therefore, additional right-of- way has been required for subdivisions along those streets. The additional right-of-way is important because it brings the street closer to the minimum right-of-way standards and allows for the future expansion and maintenance of those roads. The department wanted to make clear that allowing an easement instead of a right-of-way dedication in this case is specific to this site and situation. 3. Because of the particular physical surroundings, shape or topographical conditions of the specific property, a particular hardship would result as distinguished by a mere inconvenience if the strict letter of the regulations were enforced. There are special physical characteristics of the site which create a hardship. The Fourth Avenue wrest right-of-way was established prior to the 60--foot minimum right-of-way requirement standard used by both the City and Flathead County. The two existing lots are located within an older neighborhood in Kalispell where the right-of-way is 40-feet. Many of the existing structures exist immediately adjacent to the right-of-way making expansion of the street difficult. Fourth Avenue west also dead ends approximately Zoo feet to the south where school property, developed tract land, and Ashley Creek exist. It is unlikely that this street would be widened or extended to the south due to the above mentioned physical factors. As indicated previously, the Kalispell Growth Policy promotes infill in areas where infrastructure is in place and services exist. However, in some cases the street standards identified in the Kalispell subdivision Regulations make that policy difficult to accomplish due to the minimum right-of-way widths. In the older parts of town, where infill projects are likely, those minimum right-of-way widths leave the applicant with few options. Granting this variance will further the goals and policies of the master plan by providing an opportunity for infill in an established urban area of the city. II Note: The growth policy also speaks to the need to bring substandard right-of-way up to required widths. The subdivision process has consistently been an effective means of procuring right-of-way. 4. The variance will not cause a substantial increase in public costs. Generally right-of-way acquisition to widen or improve streets often makes up a significant portion of the expense to accomplish an upgrade. However, it unlikely that there will be an increase in costs to the public as a result of this variance because the sidewalk, boulevard and street trees would be maintained by the property owners whose lots adjoin the sidewalk. simply leaving the existing right-of-way would not result in any increased cost to the public since there would be adequate width within the existing right-of-way if Fourth Avenue ,L]LTest were to be reconstructed. However, this is unlikely due to the level of use, traffic volumes and the fact that the street ends approximately boo feet south of the site and due to topography and Ashley Creek, there is little chance Fourth Avenue West will continue further south. There can be no foreseen costs that would be passed on to the public as a result of granting this variance. 5. The variance will not, in any manner, vary the provisions of any adopted zoning regulations or growth policy. This property is within the limits of the Kalispell and is zoned R-4, Two - Family Residential. This zone requires that lots be a minimum of 6,000 square feet in size and that the width of a lot be at least 50 feet. By granting this variance to the Kalispell Subdivision Regulations' access and right-of-way requirements and allowing a sidewalk to be placed within a sidewalk easement instead of a dedicated right-of-way, the minimum lot size and width requirements of this zoning district for this property can be met. The Kalispell Growth Policy encourages infill in areas where utilities and infrastructure are available. Therefore, granting this variance will further the goals and policies of the Kalispell master plan by providing an opportunity for infill in an established urban area of the city. This variance request does not vary the provisions of the zoning ordinance nor does it compromise the goals and policies of the Kalispell Growth Policy 2020. VARIANCE SUMMARY The Public Works Department feels ownership of the right-of-way puts the department and the city in a better management position. However, due to unique circumstances on the property - dead end street, obstacles to widening and connections to the south, the fact that the easement would function in the same manner as the right-of-way (boulevard, sidewalk, street trees) - it seems reasonable to support a variance to the standards in this case. A precedent is not be set for other infill developments in existing neighborhoods in Kalispell. 12 RECOMMENDATION Staff recommends that the Kalispell City Council adopt staff report #KSR-oS-o 1 as findings of fact and approve the variance and preliminary plat subject to the following conditions: General Conditions 1. That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C -Final Plat) 2. A variance shall be granted to allow a 10 -foot non-exclusive access and utility easement along the east side of all three lots abutting Fourth Avenue west to serve as a pseudo public right-of-way in lieu of a dedicated right-of-way. 3. The access design for the lots shall meet the provisions outlined in Chapter 5 of the International Fire Code regarding fire service features and the design shall be reviewed and approved by the Kalispell Fire Department. Prior to combustible constructions all-weather driving surfaces, water supply infrastructure, hydrants and street signs need to be in place. (FINDINGS OF FACT, Section A - Fire and Access) 4. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public works Department. In accordance with ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. At the time of final plat, the developer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and FINDINGS OF FACT, Section C - Drainage) Prior to Final Plat 5. Demonstrate that the existing buildings on the property that are to be retained comply with the setback requirements of the R-4 zoning district. Buildings not intended to be retained shall be removed prior to final plat. (FINDINGS OF FACT, Section F -Compliance with Zoning) 6. The 10 -foot easement along Fourth Avenue west shall include a minimum five foot sidewalk, boulevard and street trees as approved by the Kalispell Public Works and Parks and Recreation Departments. A plan shall be approved by each department and the improvements installed prior to final plat or adequately bonded for. (FINDINGS OF FACT, Section A -- Access and Kalispell Subdivision Regulations, Appendix A) 7. The tree located on Lot 1 shall be replaced if the sidewalk cannot be placed outside of a three foot buffer from the trunk of the tree. The replacement tree shall be an approved species and meet the International Society of Arborist (ISA) standards. 13 8. Submit a scaled parking plan for Lot 3 with the existing house. The plan shall provide a paved driveway and a minimum of two off-street parking spaces in accordance with the Kalispell Zoning Ordinance. The parking spaces may not emend into the 10-foot sidewalk easement abutting Fourth Avenue West. The plan shall be reviewed and approved by the Planning Department. (FINDINGS OF FACT, Section A -Parking) Note: The parking plan is encouraged to use the rear portion of lots 1 and 3 to accomplish a house oriented street design. 9. That the shared common road and utility easement located between lots 1 and 3 shall provide access for all three lots. The easement shall be non-exclusive and encompass the full extent of the flag portion of Lot 2 to ensure lots 1 and 3 have full access along the east and west portion of the lots. The access road shall be paved and shall be constructed to a minimum 14-foot width. (FINDINGS OF FACT, Section A -Access) 10. A maintenance agreement for the private drive access and utility easement shall be developed and reviewed by the Kalispell Planning Department prior to final plat for the subdivision. The agreement shall include provisions for paving, maintenance, snow removal, etc. The owner shall record the agreement with the filing of the final plat. (FINDINGS OF FACT, Section A -Access) 11. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 12. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of Fourth Avenue West (Kalispell Subdivision Regulations Section 3.09, (J)) On -going Conditions 13. That preliminary plat approval shall be valid for a period of three years from the date of city council approval. (Kalispell Subdivision Regulations, Section 2.04). 14 SUBDIVISION VARIANCE REQUEST FOR LEGENDS COURT SUBDIVISION VARIANCES: ARE ANY VARIANCES REQUESTED? (yes/no) If yes, please complete the information below: SECTION/REOULATION OF REGULATIONS CREATING HARDSHIP:. - This is a request for a variance to the Kalispell Subdivision Regulations, Section 3.09, Table 1, Street and Roads — Design Standards which requires a 60 foot right of way for local streets. EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS: - The south end of 4h .Avenue West is an existing City street which has a 40 foot right -of -quay from 12"' Street West to the end of the road for the entire length. This street was created around the late 1930's or early 1940's and the area since developed on urban scale lots with modest homes. The requirement to dedicate an additional 10 foot right of way would reduce proposed Lots 1 and 3 below the required mm' num square footage of the R-4 zoning district of 6,000 square feet by about 460 square feet. By creating a sidewalk easement instead, the required mini num square footage of the R-4 zoning district can be met while still accommodating the need for a sidewalk. PROPOSED ALTERNATIVES) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS: The proposed alternative to the strict compliance with the dedication of additional right-of-way is to provide a 10 foot sidewalk easement instead. A mn* =* wn 5 foot sidewalk would be constructed within the 10 foot sidewalk easement which essentially results in the same improvements,, but without an actual dedication of right-of-way and the reduction of the square footage of the lots. PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW: 1. will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? There will be no detriment to the public health, safety or general welfare since a sidewalk would still be constructed within the easement along with a boulevard. The sidewalk would be open for public use which would benefit the public and the adjoining properties. 2. Will the variance cause a substantial increase in public costs? • There will be no increase in costs to the public as a result of this variance because the sidewalk would be maintained by the property owners whose lots adjoin the sidewalk. Simply leaving the existing Legends Court Subdivision Variance 1 right-of-way at 40 feet will not result in any increased cost to the public since there would be adequate width within the existing right-of-way if 4th Avenue west were to be reconstructed. However, this is unlikely because of the level of use, traffic volumes and the fact that the street is a dead-end. 3. will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? ■ This property is within the city limits of Kalispell and is zoned R-4, Two Family Residential, which has a minimum lot size requirement of 6,000 square feet. By granting a variance to the right-of-way requirements and allowing a sidewalk to be placed within a sidewalk easement instead, the nlui =ium lot size requirements of this zoning district and for this property can be met. The Kalispell Growth Policy encourages infill in areas where utilities and infrastructure are available. Hence, granting this variance will further the goals and polices of the Kalispell "plaster plan" by providing an opportunity for infill in an established urban area of the city. This variance will not affect any provision of adopted zoning regulations or the master plan for the area. 4. Are there special circumstances related to the physical characteristics of the site (topography, shape, etc) that create the hardship? ■ There are special physical characteristics of the site which create the hardship which is the fact that the property abuts the 41h Avenue west right-of-way which was established prior to a minimum 60 foot right-of-way requirement standard used by both the City and the County. The lots in this area are generally developed with modest single family homes and there are limited opportunities for additional subdivision or opportunities to acquire additional right-of-way along this street that would bring it up to a full 60 foot right-of-way. Other than condemnation, there are no other mechanisms for the City to acquire additional right-of-way except through subdivision. It is extremely unlikely that enough properties along 41h Avenue west will be subdivided on both sides of the street to establish a 60 foot right-of-way frorn lath Street west to the end of 4th Avenue west. Hence, the right-of-way requirements associated with this subdivision are not of long term benefit to the public. 5. what other conditions are unique to this property that create the need for a variance? Other conditions unique to this property are that this roadway dead -ends to the south of this - � subdivision and the entire length of t 4 Avenue west is 40 feet south of 12 Street West. Because of the level of traffic and the fact that this roadway dead -ends, it is extremely unlikely that the City or the property owners in the area will find the need to widen or reconstruct this road in a manner that would require additional right-of-way in front of this property or along the entire roadway. If the additional right-of-way were required these lots would be reduced below the minimum lot size requirement, and the additional right-of-way would serve not practical purpose that cannot be similarly achieved with a sidewalk easement instead. Legends Court Subdivision variance 2 11111111 Jill 111111111111 � `If:+L.� �ro.7,;.j�Sf�?�="`c"��.. ir:.:�r-i'�2�r'_ :.�:�=''�-•Y+-r""csyk�$r. ..ai'°'� AND WHEN RECORDED Mom. TO. Tracy A. Gardner Qc� Hlea ror �rd at" Request af,� First American Title Company No.: "14-49"2 i` Parcel No.: 0389500 WARRANTY DEED ,�3 FOR VALUE REGEiVEU, Alice E, Hunt �f..�-� f., � _ ��[pej hQ r�11 #' r� i 11 afi I "t nvE!y unto R i •�_rC L`�:t i rey k °.7+ a �ia�i' �+�' e:.. Sr'� Z! .� �� A L 1,�.. Y:�+ ^�., �L, i y t \:. '.�...7".. '.1' tiS► w� • ..'� ," .. � . 1 19 [r `racy A. Gardner f� whose address s: 2:2 7, ZJ Hereinafter called the Grantee, the following described premises sated in Flathead County, Montana, ;;�• to -wit: .,_.w.� � ..,ti n �! -•r r• c� ��jt. y� _ ._.i fr•� � i "• I . _ !..-. �"""i s �y ` rr 4 : •�� .F.� r. ^.. u I �� �1✓�� r J ! l•i �l 1, 7�� if �li„! ktw i( � .. ►� 'Tr, LACr ,0 LAND N = �� S5C; f h : ��'� E.� Q� F �.� �� � x E ��..� ; - EA T 73Z_ -R - �� .3r.� .s -.tea CL SECTION 18, TOWNSHIP 28 NORTH, RANGE 21 'BEST, P.M.M. PARTICULARLY DESCRIED AS FOLLOWS, „E , T C -I- -�ru� �'���TEl� 1 T,NP OW FOt IR .wl.. ,;��lENUE WE-S r' OF A!JSPELL, MONTANA i' V:rk.f i. �. iNTERZECr-1NG `AlTr l T ;E NORTH 020UNDM E SAID SW114SE1; 4, `�E rE S. 045 WEST DISTANCE of 20 FEET TO A POINT, THENCE SOUTH 0011' 1 EST A DISTANCE of 111.4 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 8811 11' ' EST, A DISTANCE OF 167.5 FEET TO A POINT; THENCE S 0"11' WEST, A DISTANCE OF 123.1 FEET TO A POINT; THENCE r,. , _ „ r_-wwc..._r-+ �� ;,..-�i+ -g.5 .> „ '�� r rig y-�;S:s U s '-iL�� it'd �~ r,4 •n `� � 'ik 88"! J EAST A "i i;Tti fir t i�Li 5 F ar. S ;trV T"� '�- a.oR�d�i - s # i i :i.w� : ar � Ef_ i DISTANCE OF 123.1 FEET TO THE TRUE POINT of BEGINNING. SUBJECT To covenants, conditions, restrictions, provisions, easements and encumbrances apparent or of Page I of 2 L Paula Robinson, r-1athead County MT by HC.._ ...�._ .�. ' ' "OLD the said pr premises, withits appf irter-ances unto the said Grantems and to t ,r_, rc+ - r - _. re-` z r .a. a sr r� : c_x w+�c+trr r:7 said F zz. i z a the Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current year's taxes, levies, and assessments, and except U.S. Patent reservations, Ln cl wn." e-a- err Ett f. `7�y�.s' zvzsl rg i c..rs ^:��P"�A •sr{Z,C�i-,�.1 �.vy• n eras.j am. 3EFL �•S t-kG aa.:n s r i �_ F �}�Y' 2'i••:5 3 i s .. .gL f a.?, �. ,s $ a .€. .s i 4..+,�v-0 r.s� i.a41 91-4 ..��z.s a a%W. s�i..+ r�:�i�.:i� �.�i.s�� �.i i�.s �s �.c� � ��.+�...r� �.ir ■ �c €�L �� �: �i��r � i�s 9���f i s�s and defend the same from all lawful claims whatsoever. r Alice E. Hunt SSS SEA r n r i V-.% (AI By char n 'Haward as daft ' fact r Dated: [ 41 ,_J2008 STATE OF Montana � ss. C 0" U N Ty" 0 F J, F _Fe A-, so Aj This instrument was acknowledged before me on April_,., 2008, by Sharon Howard as attorney in fact for Alice E. Hunt. GAkry 4 `y w Notary Public for the State of Montana es ig _T.-. My Commission Expires: =I / Page 2 of 2 WARRANTY DEED ar»es� Alun-'4- . does hereby grant, barg.-in, sell and convey unto C. 14 64.01 _/_ and to, the heirs and assigns forever, the following dre cribed premises, in F, ,a f/1 ea :county, Montana, to-w it: *► 'tii ct -of - Ian$ kn th4 E of SOCILion '18 To►inshf 8 'Worth R r.r��t 4kstj I. Pe10616 �i�,., pit• �w�gi�g; at ,he tenter lineofr",ouith A��enue wc•5 t of a tz er n.,th Hc'th br�u�nd of said SW l thence Sb �5 . -et # dC _0'_`t3_ fees t-so�tt thence South ��est a distaace of 111.4 feet ' :• - 'wats ...i�..,�1�..,.Q:.:,.... �:�..:.;iPnCe_ iorh dd° 1 ' W. r.Ut- y - �` .. �'�` .� ...... - it a _dis.tance .v • 1?3#1 f o: t JLdJXIWGIt-2L TO TG HAVE AND TO HOLD the said premises. %k ith their al)1wrtenances unto the said Grantees, forever. And the sa?i Grantor do &-T hereby c(ivenant tt) and with the sad Grantees , that he the owner in fee simple of said pretni es; that said premises are free from all incumbrances will warrant and defend the same from all lawful claims whatsoever-. Se p fG.-ri l0 e..---22� J11�47& Have the Title insured By Citizc-n'n Title & Escrow Co., Inc. of Kalispell STATE OF MONTA A. COUNTY [)F On this r.3) 'j- day of -;2_e t before me. a notary public in and for iaaf State. ;wrst)nall4 appeared ■•�-O•. �' `tr�fft��s .. •*ro 140 ,4ts• 4 ■ kh=rii.kv. e to be tst pN!�c)n whose name . 1 ►ith:tLimstrume�nt. and acknowledged to me •t•• ,! executed the same 40 J40" -)�n —C Notary Public Residing at f PI + . Montana Comm Expires STATE OF MON;TANA, COUNTY OF I hereby- certify that this instru erxt wu filed for record at the req nest ofo 1, � lele--te at minutes past , o•clixk m , this �� dgv of . 19 , { :n mti office. and duly recosrded in ii pcW of ikPe'ds at Ex-Ofiiclo Recorde By ..�."� 0 +(J i_3 �- � Deputy Mail to SANDS SURVEYV4G ¢va Hom mm CE IFI OF SURVEY SD14 SWI14 8 sf1/4 SECA, r ?ft R.aclw.P.M.*Mv FLA MEAD CO. *Orr MUM, � na s>+- rP+r �. a rya srr oft nn �+r Plat �FTM4 F F r x1cm srr �rra ►� s W- Perr ar ssa-� �r � r Maw "& &w Px MOMW AM am i aw Pre WPAW Ono 2 M SW 444 IBC CAP ate'. aGit�r. fao �+IYrl t iyuWm w ar Aar ear rta afr MUMjW ' Pla mr Ate! sr M111.r sf�lee �iiir S , &W �� l[ sAr' � wr spa t � rM �t G1r Anr'mv a aeT trsur "A MM WrH wi'ar PAs�+r I" per rro. enr sre�Me . ap,�. I Ar f ��MrFM�e5iY7'i�llr TMM _ tR�' iAdllN�k1L/7N�7L11R1AY amr FMR srrAsaa N �a PMl.11!- Arm � . .. FM 209'Po3M lIRL' v fp it TaCT Ior ` . , .: :.. •err « � P+a rya sAr Araiw � a�rsa srr Aawc � cm r s°oir sir rsrr Aron sH-xAs � ow- 4-07"Jomr T6 P,a arasrre ,_ t.81! ACAI pef1K sfr Argue i� Pia afrOC'� m1" , OOCAW JUMAT T'kx0s �r �sil4 [7p11, liEC-a (Bp,15 OF B£gR1NG5) ri4. sour vv ME / f i 1�Tir� - ,-- W-W07 7 uae sac. SMET 2 Of 2 S'H/E..ETS CERrp'IcA re of say vEY Akx J SANDS SURVEYING 285 W IRTH MAIN KALISPELL, WE 50901 pli T53-6481 f!'ONNFrir-#one ENTFR/RiJlS- -li/A'YN'rms p�Y/lr,, % DATE, N04a19"AR AM FOR- CARVER Z5+1G,i CE7t1 V OWNER, FLATWEAQ CO. CERTIFICATE OF SURVEY SE//4 SW//4 & SE//4 SEC. /B ,T28P1, R21 W., PM.,M., FLATHEAD CO.� 7URPOBE 07 S11A91Y: RITRAC1ME1rT OF ROAD a DTTLrTY R/W DESCRIPTION: TWO TRACTS of LAND, SITUATED, LYING AND STIOG ID THE SOOTREAAT QOA&TER 07 THE SOOTEWIST QUARAM. AND IN THR 406711nST QUARTER 01 THE SOUTBEAST QUARTER OF SURVEYIR'SS REPORT SECTION 19, TCWNSNIP 2A NORTH, RANGE 21 VEST. P.M.,M., FLATWEAD COUNTY, MONTANA, MORE ULT DESCRIBED AND PARTICT1 AS FOLIOWS TO WIT: 1: This survey was performed to retrace the R/W of the cnunty roads known as Fourth Avenue Vest, Fifth Avenue TRACT West, Sixth Avenue West, and Seventh Avenue Hest in the Southwest Quarter ISCINNI14 at the southeast corner of tb* sootbneat Quarter of Section 10. of the Southeast quarter of ':cction 18, Township 28 North. Range 21 West, P.M.,H., Flatt'cad County, Montana, Taro:hip 26 North, Range 21 meet, T,M„ M., Flathead county. Nootans, which is a found iron pie; Thence S 06'11716" W and along the south boundary of said BW114 a distance of 52$.26 feet to a point on the left (cast) bank of Ashley and that portion of Sunnyside Drive lying east Of the left (mast) bank of Ashley Greek in Said Section 18, These R/W's ore Creek; Thence N 29'55'26" 1 and along said east book a distance of $5.36 fast; Thence a 66'06.35" B 527.24 fact to a set iron pia .kici is the F.C. of a 23.00 established from information taken from a variety of Deeds, Deed Exhibits, Certificates cf Survey, and Subdivision Plats. foot radian curve, rnnC&TO AOTtbxe6terl7. barrow a cmatrAl &sale of 67'50'22'; Thence along an are length of 38.33 feet to a set from pis; Thence along tie After thOrOu h field tins any. calculations La de' 9 termine the :sat boundary of Western Acres (records of Flathead County. Montana) N 00'16'13" 1 147.45 feet to A found iron pia; Tbeoce N 00*16111" 1 511.77 feet locations of the many monuments set by various Surveyors over the last forty-five to fifty years, I have come to the to a found Tram pis. Thence N 00111119" 1 210.92 feat to a met iron pin; Thence N 619'11'I3" 1 5.50 feet to a found iron pin; Thence slow the east boundary of COnclu5i0R that the GOrrect rrOcedure to determl�ne the R/W's is to retrace the surveys dare by T.A. Tascheredu that were sumuyRide Park (records of Flathead County, Nloatama) N 00*00154" 1 407.39 fact to a fomad iron pin om the north bonadar7 of the Noutbuaet Quarter of the south- performed in the 1940's and Chown on Deed Exhibits 2701371, 270/439, 2781448, 285/131, 21:51173. 406/81, 6 415/6()8, east Quarter of raid Section 15; Thence *Iona said north boundary N 89*41107" 1 41.57 feet to a net iron pis; Thence S 00*14104" W 1309.00 foot to a found iron Several subsequent surreys have been performed since, but none of them appear to have tied together the HOrtq boundary pie; Thence N 28'06'49" 1 353.50 feat to a set iron pie; Themes N 00'11130" L 1305.44 fact to a Tat iron pin am the north boundary of said IW114521/41 Theme* of the said SWi/45E114, t#e centerline projectioOS Of the streets to the north, and1thn. south boundary of 'ice said along sold North bavadary M 59041107" N 30.41 feet to a act iron pin; nonce SWI/4SE1/4. B 00'11'3o" W 1305.I4 feet to a sot from pis; Thence N 13006149" It34C.00 feat to a get iron pit; Those* N 00 14 37 1 1201.7$ fast to a set iron pie; none After laying out all the infr.rmatlan obtained, [ determined S a$141107" W 13.76 fast to a met Iron pie; thence N 00'14'37" E 100,00 fast to a ■st iron pin; an the north boundary of sold 0114631/4; Thrace 1 84*41'07" 1 to hold the east boundary of the Subdivisions known as Western Acres, and Sunny Sidu Park, to establish the and along said north boundary ■ diot*vice of $3.77 feet to a set from pie; Themes centerline intersections of tie Streets to the north with the north Boundary of the SW1/4SIA/4, and to retrace i 00*14117" u'1341.41 feet to a set iron pia on the south boundary of raid IV1141111/4; These* 5 88'06'49" w and slop& paid south beeadary a distance of the roads as surveyed originally by Teschureau. After furtheq' 862,80 feet to the point of bejiamial and rostaim€sg 4.611 JLCRU; Subject to sad calculations, 1 determined that Most of the subs"eft together with all appertanast aaasmamte of record. The above described tract of loud includes the southerly porticos of Fifth. Simtb, sod Seventh Avenues surveying has been relatively close to these linnes. However, I do not feel that the Road R/il can bounce back and forth to Hest, aid a portion of Sunmymide Drive. All as shown hereof, all the monuments we found along the R/W as they were set TRACT 2; subsequent to the actual deeuing of the Roads. 'These other surveys are: Deed Exhibits 001481, 493/229, 49:3/238, Cow nc€mg at the soutbeest corner of the southwest Quarter of the Soutbeast 501/130. 501/624, 5D1/732, 51:4/917, 6071457, 512,/659, 515/678. 515/897, 521/730, 526/779, 5281624, 533./589, quarter of $action 18, Township 29 North, Ranga 21 west, P.M.,1i., Flathead County, Montams. ubieb is a foond irce pia; Thefea N 68'06149" E and along the 538/550, 541/318, 543/234. 5!.]/537, and 563165; Certificates of Survey Na s; 1029, 1235, 1237, 2150, 2312, 3:343, 3363, south boundary of said sW3/431114 a distance of 862,90 feet to a mat Iron pie; 3607. 5054, 6144, 7460, 7694, 8406, Ball, 8898. ;and 9122; Subdivision including Iligh Schaal Addition Tbemca N 00'14137" 1 1341.41 fast to a set iron pip oa the north boundary of paid SW114811/4; Thence along said mortb boundary N RS'41'07" E 30AI fast to plats to Kalispell fisher's Addition to Kalispell; Rtssler's AdditiiW to Kalispell; Sunny Side Park; haended Plat of Relocation a act iron pin sea the TRUE POINT OF ANCINMIMG or THE TRACT or TAM HMIs DESCRIRED: Thence coutiouing along said north boundary N 66'41'C7" L 40.02 feet or Common Boundaries of Lots 5,1,,7,8 and 9 of Block 19 in to a mot iron pin; Thence leaving mail north bouadery 6 00*191070 W 469.70 fort Fisher's Addition to Kalispell; Amended Plat of 1LOts 1 d 2 Cr Block 16 of Fisher's Addition to Kalispell; instieness to a set lens plot Thence g 89"41107" W 40.02 feat to a found iron pin; Thanes N 00'14107" 1 4It0.70 feet to the of beginning 0.1#42 ACRES; Subdivision; and Western Acn:s. point and caataiaieg Subject to and together with all appurteoaat tapeaents of record. The above described tract of land iuctu4os the southerly portion of Fourth Avenue West. All an obowa boron". CERTIFICATE OF SURVEYOR REefSTNATION ":. Appl"ED$ _ _ , , 19 _ E1GMltilNa NANO SVRYE YOR `RLG. tip. STATE Of Mo"TA"A COUNTY Or FLATN[AD" FILED ON TN9 , DAY OF ,f• —A V. A►-- __, _ O'CLOCK Y CLENK al #[CORDER ..., 4T — DEPUTY BOOK PA3L? INSTRUMENT REC.lnia. ' � /;' ;; u 0 SHEET / OF Z SHEETS CERTIFICATE OFSURVEY No. 04a46 SITE DEVELOPMENT REVIEW COMMITTEE SUMMARY Thursday, April 24, 2008 Two Lots — to be subdivided along 41h Avenue west and 1Vh Street. The property has multiple buildings. The owner will keep the house and remove the three other buildings. This is a flag lot with two lots up front. The two lots without buildings could support duplexes. The sidewalk on 12 Street has numerous large, mature trees and it's close to the road. Address setbacks. Parking could be difficult with this configuration; they could shift the driveway to the center, improve their on -site parking options, and would only have one curb cut. Additional right-of-way of 10' is not there, so they are asking for a subdivision variance that would dictate no Row. Sidewalk would require them to take out some very healthy, mature trees. They are increasing density but not putting in pedestrian access. Could have the trees by putting the sidewalk in the setback. Public Works will submit a letter to Nicole, stating that this should not be set as a precedent for the future. Locate the trees, show where the easement is, and come back. to Site Review, and reconfigure the lot so the flag is coming up through the middle. Locate the edge of the Row. This is non-exclusive. Thursday, May 1, 2008 Two Lots — to be subdivided along 4th Avenue west and 11 th Street — Narda Wilson and Tracy Gardner. Regarding the location of the trees by the street, Marquardt located the trees just inside the right-of-way. They will be putting a sidewalk easement in along 4th Avenue on the east side. They will lose one tree. They could make the easement bigger. They will submit a preliminary plat and ask for an easement. This is a "T" shaped lot now instead of a flag lot. Thursday, May 22, 2008 Legends Court -W- Narda Wilson's project - Paul asked, "If we have a 10' easement in the right-of-way, why don't we extend the right-of-way?" Lot size is one reason. Sidewalk and curb will go in with the existing trees being preserved. The road dead ends. This will have a subdivision variance. The lot size would not fit the zoning requirements if we were to take more right-of-way. Generally, we need a sidewalk and public utility easement in the right-of-way. Fourth is a dead --end. Nicole will spell it out in her report the exact reasons for the exceptions in this subdivision variance. Paul is agreeing to this under duress, as he does not want to set a precedent. Discussion regarding notice to neighbors, which is unlikely due to state statutes regarding minor subdivisions. is I / H 1 tS i /_+H L i 8TAA BY L ........ .... R IT-7 IOTA VICINITY MAP SCALE i200' TRACY GARDNER PRELIMINARY PLAT —LEGENDS COURT SUBDIVISION A 3 LOT (2 SINGLE FAMILY & 1 DUPLEX) SUBDIVISION ON APPROX. .473 OF AN ACRE ZONED R-4 (TWO—FAMILY RESIDENTIAL) PLOT DATE 5/20/08 FILE# KSIZ-OB-01 H:\gis\aite\ksr08_Ol Legends Co,rt.d,.e OWNERS: ALICE E. HUNT FOR: TRACY GARDNER PURPOSE: SUBDIVISION DATE: MAY 13, 2098 Preliminary F LEGENDS COURI SWl/4 of the SEl/4, Section 18, Flathead County, ��YGCL �G7YGCL �2 SCALE: 1' = 20' 04 a o b NOTE - NO SEARCH HAS BEEN MADE FOR EASEMENTS AFFECTING THIS PROPERTY AND THIS SURVEY DOES NOT PURPORT TO SHOW ALL APPURTENANT EASEMENTS. City ot Ka---lispeail PlannJing Department 201 ls� Avenue East, Kalispeu, Montana 59901 Telephone- (406) 758-7940 MINOR SUBDIVISION PRELIMINARY PLAT APPLICATION ,wl FEE SCHEDULE: FEE ATTACHED: ���• Minor Subdivision... (5 or fewer lots) Mobile Home ParksCampgrounds (5 or fewer spaces - land is not subdivided) Amended Preliminary Plat Amendment to Conditions Only Re -configured. Proposed Late .Add Additional Lots or Sublots Subdivision variance Commercial Subdivisions $400 + $125/lot X 3" 77S. $400 + $125Jspace $400 base fee Base fee plus $40/lot Base fee plus $125/lot $100 (per variance) It- /pa $1000 + $125/lot SUBDIVISION NAME: L_�jENA� tP41ofr <!'�p/✓/5/art/ OWNER (S) of RECORD0 . Name y A40AIKA- Mailing Address_%? D . 8b 7C a B5 City Ug po 4L- State TECHNICAL/ PROFESSIONAL PARTICIPANTS (Surveyor/ Designer/ Engineer, etc.): Name 8s Address PlAWDot Val/1,So1V 1841 M/1PMA`t %I,2 G- A5 Name Address &JQ& Ctt!/A,iQD ?" 5Nt Zd/ 39D AY4 Lt/ Name Address k�wyp�u- S9�o1 LEGAL DESCRIPTION OF PROPERTY. City/County kA'</yPEA,(- / &&;rff4A-D Street Address 1.22 y y7V AVI-LJ4f��— Assessor's Tract No. (s) 6rl 3 F711 Lot No(s) A, 1/4 Sec _ Section _ Township 2 6 Range 21 GENERAL DESCRIPTION OF SUBDIVISION. Number of Lots or Rental Spaces .3 Total Acreage in Subdivision b , 7 Total Acreage in hots 0.i}13 Minimum Size of Lots or Spaces SZ_ � Total Acreage in Streets or Roads. yLA_ Maximum Size of Lots or Spaces A S72 � Total Acreage in Parks, Open Spaces and/or Common Areas P'R OPOSED USE(S) AND NUMBER OF ASSOCIATED LOTS/SPACES: Single Family 12 Townhouse Mobile Home Park Duplex Apartment Recreational vehicle Park Commercial Condominium Industrial Multi -Family Planned Unit Development Other ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS Roads:Gravel Paved ` Curb Y Gutter Sidewalks � Alleys other 'dater Systems,: Individual Multiple User Neighborhood Public V other Sewer System: Individual. Multiple User Neighborhood Public other Other Utilities: cable 'TAT 'Telephone 0,0' Electric v"� Gas Other Solid taste: Home Pick Ups Central Storage contract Hauler owner Haul Maid. Delivery: Central Individual K School. District:� Fire Protection: Hydrants r� Tanker Recharge Fire District:Drainage System: P - PROPOSED EROSION/SEDIMENTATION CONTROL: REtiFqJ � -fAr?oAl at n�6T��ta�� A-9tA� VARIA3iiCES: ARE ANY VARIANCES REQUESTED? Yz (yes/no) If yes, please complete the information below: SECTION/ REGULATION OF REGULATIONS CREATING ,HARDSHIP: EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF REGULATIONS. AYl7Atx#ED PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE REGULATIONS. 2 PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW* L Will the granting of the variance be detrimental to the public health, safety or general welfare or injurious to other adjoining properties? 2. Will the variance cause a substantial increase in public costs? 3. Will the variance affect, in any manner, the provisions of any adopted zoning regulations or Master Plan? 4. Are there special circumstances related to the physical characteristics of the site (topographer, shape, etc.) that create the hardship? 5. What other conditions are unique to this property that create the need for a variance'? APPLICATION ONTENTS. ` The subdivider shall submit a complete application addressing items below to the :Kalispell Planning Department at least thirty five (35) calendar days prior to the date of the Kalispell City Council meeting at which it will be considered, unless other arrangements have been made with the planning staff. Submittals shall include: 1. Preliminary plat application. 2. 5 copies of the preliminary plat. 3. one reproducible set of supplemental information. (see Appendix A of Subdivision .Regulations for the city where the subdivision is proposed.) 4. one reduced copy of the preliminary plat not to exceed 11" x 17" in size. 5. Application. fee 1 hereby certify under penalty of perjury and the lags of the state of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. should any information or representation submitted in connection with this application, be untrue, l understand that any approval based thereon may be rescinded, and other appropriate action taken.. The signing of this application signifies approval for the Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "', 'ro t Aoe (ApplicAt) (Date)