01. Request to Purchase Encroachment Easement - Dr Daniel AbbottCity of Kalispell
Charles A. Harball office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
James H. Patrick, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Request to Purchase Encumbrance Easement from City
on Buffalo Hills Golf Course
MEETING DATE: Monday, November 20, 2006, Regular Meeting
BACKGROUND: Dr. Daniel Abbott owns a home on Juniper Bend adjacent to the
Buffalo Hills Golf Course. Last year he constructed an addition on to his home that
encroaches upon the 20-foot setback requirement from the city owned golf course
and in the process failed to obtain the necessary building permits for the
construction. The City cited him for these violations and he entered into a
stipulation in the Municipal Court in which he agreed to pay a $1,500 fine and to
correct the violations. Dr. Abbott is now requesting that the City sell an easement
to him to correct the encroachment violation and he has offered an appraisal
opining that the value of the easement is $3,500.
RECOMMENDATION: The City staff is not recommending that the City Council
agree to sell an encumbrance easement to Dr. Abbott. It would be very difficult, if
not impossible, for the Council to distinguish this agreement to sell from the next
request that comes in seeking to build closer to the golf course or any other
municipal property. Council certainly couldn't use hardship as an acceptable
reason given that this particular "hardship" was self-imposed by Dr. Abbott.
Council should move and act on a motion to sell, or not sell, the encumbrance
easement proposed by Dr. Abbott. If Council approves the sale, it must also agree
upon a sales price as well as a reasonable rationale for setting that price.
FISCAL EFFECTS: Undetermined.
Respectfully suypaitted,
CharlX<110a'-rbaX, City Attorney
qames H. Patrick, City Manager