09/16/99 Neier/Rosauer's BuildingThe City of Kahsbell
Incorporated 1892
Office of the City Attorney
Glen Neier, City Attorney
Richard Hickel, Asst. City Attorney
September 16, 1999
TO:
FROM:
RE:
P.J. Sorenson, Zoning Admini4r for
Glen Neier, City
Rosauer's Building
P.O. Box 1997
Kalispell MT 59903-1997
Telephone: (406) 758-7708
Fax (406) 758-7771
You contacted this office yesterday concerning drawings submitted
by Pasold Architects showing a building height of 2957.8 feet at
the 201 rear set back of the above referenced project. The drawings
also show a "step-up" on the building at 36' from the rear set back
to 2962.8 feet. You were concerned because according to your
calculations, based upon Resolution No. 4451, the maximum building
height at the 20' rear set back should be 2955.7 and 2960.9 at 36'
from the rear set back. You were concerned that the 2' encroachment
into the airport influence area may affect the City's ability to
develop the airport.
Pasold drawings are in accordance with the Development Agreement,
5.2 (d) between RSI, L.L.C., a Washington company, and the City
of Kalispell dated December 24, 1997. ¶ 5.2 (d) anticipated a
maximum building height of 2962.82 and 2962.82 at the respective
points. RSI representatives are relying on said Agreement as
justification for the building height.
I have discussed the issue with representatives of Morrison-
Maierle, Inc., consulting engineers on the airport, and according
to M-M the proposed height of the Rosauer's building should have no
effect on airport operations or ability to obtain federal funding
for expansion. A realignment of the airport as proposed in the
latest study will take the Rosauer's building out of non-
compliance. If the airport does not achieve B-2 status the
restrictions on building height will not be strictly enforced.
Further, I have some concerns about the contract liability for
representations made by the City in negotiating the 1997 contract.
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This office recommends that you follow the language contained in
the 1997 Agreement with regard to building height and protrusions
into the airspace. Therefore, a foundation and/or building permit
may be issued if the drawings otherwise conform.
Eventual construction on adjacent parcels should at least conform
to the Rosauer's agreement.
If you have questions please advise.
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