Loading...
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. wp\rosauersheight.wpd 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. wp\rosauersheight.wpd