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14. Conditional Use Permit - Arthur & Susan BurchREPORT TO: FROM: SUBJECT Tri-City Planning Office 17 Second Street East— Suite 211 Kalispell, Montana 59901 Phone: (406) 758-1850 Fax: (406) 751-1858 tricity@centurytei.net www. tr is ityp 1 an n in g-m t. c o in Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Conditional Use Permit - Arthur and Susan Burch Accessory Single Family Dwelling in an R-4 Zoning District MEETING DATE: July 6, 2004 BACKGROUND: This is a request by Arthur and Susan Burch for a conditional use permit to allow the construction of an accessory single family dwelling in an R-4 zoning district. The Kalispell Zoning Ordinance allows accessory dwellings in the R-4 zoning district subject to granting a conditional use permit and special provisions. The property where the accessory dwelling is proposed is located on the east side of First Avenue West where there is currently a fine old home located on three 25 foot wide lots. The owners are aware of the criteria they must meet in order to construct the dwelling and have adequate room on the site to accommodate the proposed use. During the public hearing Susan Burch explained they intended to use the small dwelling for seasonal use by their aging parent. She had spoken with her neighbors regarding their plans and they had no objections. No one from the neighborhood attended the public hearing to speak either for or against the proposal. The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to consider the request. After the public hearing, the board discussed the proposal and agreed it was a good plan for the property. A motion was passed unanimously to forward a recommendation to the city council that the conditional use permit be approved subject to the conditions listed in Exhibit A. . RECOMMENDATION: A motion to approve the conditional use permit subject to conditions would be in order. FISCAL EFFECTS: Minor positive impacts once fully developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Narda A. Wilson Chris A. Kukulski Senior Planner City Manager Providing Community Planning Assistance To: • City of Kalispell - City of Whitefish - City of Columbia Falls Conditional Use Permit for Arthur and Susan Burch June 22, 2004 Page 2 Report compiled: June 22, 2004 c: Theresa White, Kalispell City Clerk Attachments: Transmittal letter Staff report #KCU-04-7 and application materials Draft minutes from 6/9/04 planning board meeting TRANSMIT\KALISPEL\2004\KPP04-7MEM City of Kalispell R O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Arthur M. and Susan D. Burch 835 First Avenue East Kalispell, MT 59901 LEGAL DESCRIPTION: Lots 9,10 & 11 Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana ZONE: Two Family Residential, R-4 The applicant has applied to the City of Kalispell for a conditional use permit to construct an accessory building at 835 First Avenue East. The property already has a single family home on it. The applicant would like to construct a small additional single family dwelling in the rear of the property for use by older family members. The building would be 448 square feet. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on June 9, 2004, held apublic hearing on the application, took public comment and recommended that the application be approved subject to three conditions. After reviewing the application, the record, the TCPO report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Tri-City Planning Office, Conditional Use Report #KCU-04-7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the construction of an additional single family dwelling on property located at 835 First Avenue East in an R-4, Two Family Residential zoning district subject to the following conditions: The proposal will be developed in substantial conformance with the relevant zoning regulations, approved site plan and other application materials except as otherwise modified by these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. The proposal shall comply with any building or fire code requirements, and be subject to a building permit. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 6th day of Jam, 2004. Pamela B. Kennedy Mayor STATE OF MONTANA ss County of Flathead On this day of , 2004 before me, a Notary Public, personally appeared Pamela B. Kennedy, 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 Residing at Kalispell, Montana My Commission Expires Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity@centurytel.net June 21, 2004 Chris Kukulski, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 Re: Conditional Use Permit - Arthur and Susan Burch Accessory Single Family Dwelling in an R-4 zoning district Dear Chris: The Kalispell City Planning Board met on June 9, 2004 and held a public hearing to consider a request by Arthur and Susan Burch for a conditional use permit to allow the construction of an accessory single family dwelling in an R-4 zoning district. The Kalispell Zoning Ordinance allows accessory dwellings in the R-4 zoning district subject to granting a conditional use permit and special provisions. The property where the accessory dwelling is proposed is located on the east side of First Avenue West where there is currently a fine old home located on three 25 foot wide lots. The owners are aware of the criteria they must meet in order to construct the dwelling and have adequate room on the site to accommodate the proposed use. Narda Wilson, with the Tri-City Planning Office presented staff report KCU-04-7 and evaluated the proposal. The staff recommended approval of the conditional use permit subject to conditions. During the public hearing Susan Burch explained they intended to use the small dwelling for seasonal use by their aging parent. She had spoken with her neighbors regarding their plans and they had no objections. No one from the neighborhood attended the public hearing to speak either for or against the proposal. After the public hearing, the board discussed the proposal and agreed it was a good plan for the property. A motion was passed unanimously to forward a recommendation to the city council that the conditional use permit be approved subject to the conditions listed in Exhibit A. Please schedule this matter for the July 6, 2004 regular city council meeting. You may contact this board or Narda Wilson at the Tri-City Planning Office if you have any questions regarding this matter. Providing Community Planning Assistance To: • City of Kalispell • City of Columbia Falls • City of Whitefish Arthur and Susan Burch Conditional Use Permit June 21, 2004 Page 2 Sincerely, Kalispell City Planning Board George Taylor President GT/NW/ma Attachments: Exhibit A (Conditions of Approval) Staff report KCU-04-7 and application materials Draft minutes 6/9/04 planning board meeting c w/ Art: Theresa White, Kalispell City Clerk c w/o Att: Arthur & Susan Burch, 835 First Ave East, Kalispell, MT 59901 KALISPELL\TRANSMIT\2004\KCU04-3 BURCH.DOC Arthur and Susan Burch Conditional Use Permit June 21, 2004 Page 3 Exhibit A Arthur and Susan Burch Conditional Use Permit Conditions of Approval Kalispell Planning Board June 9, 2004 The Kalispell City Planning Board is recommending the following conditions to the Kalispell City Council for the above referenced conditional use permit request. A public hearing was held on this matter at the June 9, 2004 planning board meeting: 1. The proposal will be developed in substantial conformance with the relevant zoning regulations, approved site plan and other application materials except as modified by these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. The proposal shall comply with any building or fire code requirements, and be subject to a building permit. 3. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. ARTHUR & SUSAN BURCH REQUEST FOR CONDITIONAL USE PERMIT TRI-CITY PLANNING OFFICE REPORT #KCU-04-07 JUNE 2, 2004 A report to the Kalispell City Planning Board and Kalispell City Council regarding a request for a conditional use permit to construct an accessory, single-family dwelling unit in an R-4 zoning district. A public hearing to review this request has been scheduled before the planning board on June 9, 2004, in the Kalispell City Council Chambers. The planning board will forward a recommendation to the city council for final action. A. Owner/Applicant: Arthur M. & Susan D. Burch 835 First Avenue East Kalispell, MT 59901 (406) 756-1439 B. Size and Location: This parcel measures approximately 74 by 142 feet and contains approximately 10,508 square feet (just under one -quarter acre) and is located between Eighth and Ninth Streets East. The property address is 835 First Avenue East. There are three lots involved in this proposal. The property can be described as Lots 9, 10 & 11 Kalispell Original Townsite in Section 18, Township 28 North, Range 21 West, P.M.M, Flathead County, Montana. C. Summary of Request: This is a request for a conditional use permit (CUP) to construct an accessory single family dwelling near the eastern portion or the rear of this parcel. Accessory, single-family dwellings are permitted subject to a CUP in the R-4 zoning district. Kalispell Zoning Ordinance (27.22) provides specific performance standards for such a use. The request will also be reviewed with respect to the standard CUP criteria. The accessory dwelling would be accessed through the alley. The property is presently occupied with a single family residence, which is listed on the National Register of Historic Places and would continue to be occupied by the property owners as required under the zoning. D. Existing Land Use and Zoning: This property currently has an existing single dwelling which would remain and would continue to be occupied by the property owners. The property consists of three lots that are approximately 25 feet wide each for a total of approximately 75 feet in width. Zoning on the property is R-4, Two Family Residential. These areas are intended primarily for single family dwellings, two unit townhouses and duplexes. This zoning district has a minimum lot size requirement of 6,000 square feet and a minimum lot width of 50 feet. This property exceeds the size and dimensional requirements of the R-4 zone. E. Surrounding Zoning and Land Uses Zoning: This is primarily a single family residential area with a few duplexes or accessory dwellings on various lots. The entire neighborhood is zoned R-4, Two -Family Residential, with the exception of the Flathead County Courthouse and the surrounding park, which is zoned, P-1, Public. This project is appropriate for this location. KCU-04-7 Burch Paae 1 of 5 North: Single-family homes (two dwelling units on lot immediately to the north), R-4 zoning East: Single-family homes, R-4 zoning South: Single-family homes, R-4 zoning West: Flathead County Courthouse and park, P-1 zoning F. Relation to the Growth Policy: The Kalispell Growth Policy 2020 recognizes this as an Urban Mixed Use Area. Some limited offices, residential and commercial uses would also be anticipated in these areas. It is a recommendation of the growth policy to include multi -family dwellings in some areas designated as urban residential, depending on the character of the surrounding neighborhoods and anticipated trends. The proposed project is in general compliance with the land uses for this area and furthers the goals of the plan by providing for a diversity of housing options in the community. G. Utilities/Services: Sewer service: City of Kalispell Water service: City of Kalispell Solid Waste: City of Kalispell Gas: Northwestern Energy Company Electric: Flathead Electric Cooperative Phone: CenturyTel Police: City of Kalispell Fire: Kalispell Fire Department Schools: School District #5, Kalispell The application is reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. 1. Site Suitability: a. Adequate 11seable Space: The site has adequate space to meet the zoning density, setback and parking requirements as well as to provide for landscaping and adequate circulation within the site. R-4 zoning dictates a minimum lot size of 6,000 square feet. R-4 zoning allows for up to 45% of the lot to be occupied by the principal structures. 45% of 10,508 square feet allows coverage of 4,728 square feet. The footprint of all the buildings will occupy approximately 1,800 square feet. This proposal is well within the confines of the Iot coverage limits. b. Adequate Access: Access to the site is provided from First Avenue East to the west and secondary access from the alley to the east. These two points will provide adequate access for regular service and emergency vehicles. c. Environmental Constraints: The site is level. No floodplain, surface water or wetlands are evident on the site. No significant environmental constraints are apparent on the property. KCU-04-7 Burch Page 2 of 2 2. Appropriateness of design a. Parking andsite it ulation: Two spaces are required for the new unit. The plan has adequate spaces on -site. b. Open Space: No specific open space requirements exist in the zoning regulations for a development of this type. The zoning requirements for setbacks and lot coverage have been met. Uniform Building Code may provide guidance on the minimum space between structures. There is adequate space on the site to accommodate landscaping and the proposed parking areas. c. Fencing/Screening/iandscaning: The site plan proposes some additional landscaping throughout the site. Fencing is proposed along the rear of the lot to screen the parking area. d. Signs: No sign was included with the application. 3. Availability of Public Services/Facilities a. Schools: This site is within School District #5. Nominal impact to the district may be anticipated from the proposed apartment complex depending on the demographics of the residents. b. Parks and Recreation: Courthouse Park is across the street, west of the site. Impact to the parks system will be nominal. c. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the proposed residential unit. d. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. e. Water and sew .r: Water and sewer requirements will be identified during construction and be installed at the owners' expense. Water and sewer services can be provided by the City of Kalispell without any significant impacts to capacity. The applicant should consult with Public Works Department regarding the appropriate billing and connections. f. Solid Waste: Common collection sites will be provided for the property in the alley, and pick-up will be provided by the City. Enclosures will be utilized in accordance with City requirements. g. Struts: Traffic generation from the development is estimated at 10 average daily trips, based on estimates for housing in the Institute of Transportation Engineers Trip Generation manual. 4. Neighborhood Impacts: Except during construction, no significant impacts are anticipated from noise, vibration, or dust. A notice of public hearing was mailed to property owners within 150 feet of the site approximately 15 days prier to the KCU-04-7 Burch Dnn. ? Mf ,, hearing. As of this writing, staff has received no comments from neighbors on the proposal. 5. Consideration of historical use patterns and recent changes: The proposal is compatible with the immediate area, where a mix of housing types is anticipated and encouraged. This is in an area at the edge of the city's residential area which has been developed as a mix of housing types. The zoning is R-4, Two -Family Residential, and the growth policy anticipates this kind of development in the area. 6. Effects on property values: No significant negative impacts on property values are anticipated. As previously mentioned, the proposal is compatible with the neighborhood, and the development and land use impacts would be typical of that anticipated for the area. Supplemental Regulations for Accessory Uses (27.22): Accessory Uses. The uses of land, buildings, and other structures permitted in each of the districts established by this (zoning) ordinance are designated by tables or lists of principal uses permitted. In addition to such principal uses, this section shall regulate uses customarily incidental to any principal uses permitted in the district. General provisions. Each permitted accessory use shall: (a). Be customarily incidental to the principal use established on the same lot. (b). Be subordinate to and serve such principal use. (c). Be subordinate in area, extent, and purpose to such principal use. (d). Contribute to the comfort, convenience, or necessity of users of such principal use. C.nMMENT: Staff finds that the proposal meets all of the general criteria for accessory uses listed above. Kalispell Zoning Ordinance provides more specific review criteria in 27.22.020(2)al 1: Accessory single family dwelling in R-4 district only, subject to following requirements: (a). No more than two dwelling units per lot is permitted. The lot must conform to the minimum lot area requirements of the underlying zoning district. (b). Maximum floor area of the accessory single family dwelling is 1000 square feet. Maximum height is 25 feet. (c). An accessory single family dwelling shall conform to the setback requirements of principal structures. The minimum setback between the principal and accessory dwelling is 10 feet. The location of an existing structure (s) shall not be considered a special condition or circumstance that justifies the granting of a variance from these set back requirements. KCU-04-7 Burch Panes d of d (d). An accessory single family dwelling may not be rented or leased as a separate residence unless the property owner maintains permanent residence in the primary dwelling. (e). If a lot with an accessory single family dwelling is subdivided, the existence of the second dwelling shall not be considered a special condition or circumstance that justifies the granting of a variance from the property development standards of Section 27.07.040. (f). Approval of sewer and water facilities by the Public Works Director shall be obtained prior to building permit approval of an accessory single family dwelling. t3(' MMFNT; Staff finds that the proposal meets all of the specific criteria listed. Staff recommends that the planning board adopt the staff report #KCU-04-7 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: 1. The proposal will be developed in substantial conformance with the relevant zoning regulations, approved site plan and other application materials except as modified by these conditions. That the conditions associated with this permit shall be met prior to occupancy of the buildings. 2. The proposal shall comply with any building or fire code requirements, and be subject to a building permit. 3. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the commencement of activities has not occurred the permit shall be void. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. NW/mdc KCU-04-7 Burch Paae5of5 Art & Susie Burch 835 1"Avenue East Kalispell, MT 59901 (406) 756-1439 May 3, 2004 Kalispell Planning Board Kalispell City Council c/o Tri-City Planning Office 17 Second St. East, Suite 211 Kalispell, NIT 59901 Dear Members of the Planning Board and City Council, Please accept our application for a conditional use permit to construct an accessory single family dwelling on our property at 835 1 ' Avenue East in Kalispell. It is our intent to use this cottage as a residence for older family members. The dimensions of the building we plan to construct are 16' x 28' for a total area of 448 square feet, well under the zoning limit of 1000 square feet for accessory single family dwellings. We understand the other restrictions placed on this type of conditional use. We look forward to a favorable response. Thank you for your consideration. Sincerely, Art Burch, Jr. Susan D. Burch Tri-City Planning Office 17 Second St East, Suite 211 Kalispell, MT 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 APPLICATION FOR CONDITIONAL USE PERMIT CITY OF KALISPELL PROPOSEDUSE: OWNER(S) OF RECORD: Name: 4yf ktLLr M J Y. S-r L 5usaK D, -Bur: � Mailing Address: City/State/Zip: j< i5pe O MI F S`lclC' Phone: PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL CORRESPONDENCE IS TO BE SENT: Name: 1!3j(i!ttY M<,-jr 4 Sii5aL 6urCL, Mailing Address: i2)J !'�T City/state/zip: 6 hs ne I i I 't T- it) ) Phone: t Slc; q 3 LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records): Street T Sec. Town- Range Address: j � 7 ✓� C 5 F No. ship jZ5 No. Subdivision �^ 1 Tract Lot Block Name: +5 1� L'S`i iylcd 1CW05i No(s). No(s).gdyili No. 1. Zoning District and Zoning Classification in which use is proposed: L lt4 of Kal cspe(! R-1 2. Attach a plan of the affected lot which identifies the following items a. Surrounding land uses. b. Dimensions and shape of lot. C. Topographic features of lot. d. Size(s) and location(s) of existing buildings e. Size(s) and location(s) of proposed buildings. I. Existing use(s) of structures and open areas. g. Proposed use(s) of structures and open areas. h. Existing and proposed landscaping and fencing. 1 3. On a separate sheet of paper, discuss the following topics relative to the proposed use: a. Traffic flow and control. ✓ b. Access to and circulation within the property. ✓ C. Off-street parking and loading. ✓ d. Refuse and service areas. C. utilities. ✓ f. Screening and buffering. l g. Signs, yards and other open spaces. J h. Height, bulk and location of structures. i. Location of proposed open space uses. j. Hours and manner of operation. k. Noise, light, dust, odors, fumes and vibration. r 4. Attach supplemental information for proposed uses that have additional requirements (consult Planner). I hereby certify under penalty of perjury and the laws 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 incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Tri-City Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. '2c ' 7 2z G'L 3 ' � S � Applicant Signa ure Date INSTRUCTIONS FOR CONDITIONAL USE PERMIT APPLICATION 1. A pre -application meeting with the planning director or member of the planning staff is required. 2. Submit the correct fee, (per schedule below) completed application and appropriate attachments to the Tri-City Planning Office (address on the front of this form). 3. Attach a list of the names and mailing addresses of all property owners within 150 feet of the subject property as shown in the Flathead County Assessor's records. (Streets and roads are not included as part of the 150 feet) Assessor No Sec-Twn-Rn Lot/Tract No Propertv Owner 8s Mailing Address 4. Application must be completed and submitted a minimum of thirty five (35) days rn iar to the planning board meeting at which this application will be heard. 5. The regularly scheduled meeting of the planning board is the second Tuesday of each month. 6. After the planning board hearing, the application is forwarded with the board's recommendation to the city council for hearing and final action. 7. Once the application is complete and accepted by Tri-City planning staff, final approval usually takes 60 days, but never more than 90 days. Conditional Use Permit: Single-family (10 or fewer trips/day) Minor Residential V (2-4 units or 11-49 trips/day) Major Residential (5 or more units or 50+ trips/day) Churches, schools, public / quasi -public uses Commercial, industrial, medical, golf courses, etc. Administrative Conditional Use Permit Residential Commercial / Industrial As approved by the TCPB, Effective 3/ 15 / 04 $250 $300 + $10/unit or 10 trips $350 + $20/unit or $20 for every 10 trips $350 $400 + $20/acre or unit or $.05/sf of leased space over 5,000 sq. ft. whichever is greatest $75 $150 3 Burch - 8351"Avenue East Application for Conditional Use Permit — City of Kalispell Topics relative to proposed use (reference item 3 on application) a. Traffic flow and control. Vehicle access to the property is by way of I' Avenue East on the west and the alley on the east. Due to the small size of the proposed cottage, the fact that it is in our backyard, and our intention to use it for senior members of our family it is unlikely that the cottage will generate a significant traffic impact on the area. b. Access to and circulation within the property. Foot traffic to the property is accommodated by way of sidewalks and a front and back gate. c. Off-street parking and loading. An existing garage and barn currently house vehicles. A long driveway runs on the north side of the property and can accommodate another vehicle and there is room for off-street parking on the east side of the property. d. Refuse and service areas. Garbage pickup is currently provided in the alley. e. Utilities. Sewer, water, gas, and electricity would all be provided to the proposed building. f. Screening and buffering. Landscaping shrubs would be planted along the east end of the new cottage and we would continue the existing 6' wood fence along the eastern perimeter of the yard. g. Signs, yard and other open spaces. The cottage would be numbered in accordance with city ordinances. The yard would still provide open space for all residents. h. Height, bulk, and location of structures. See site plan for exact location proposed for cottage. Proposed building dimensions are 16' x 28' with an approximate roof pitch of 6/12. Overall height of building would be less than 20'. i. Location of proposed open space uses. All consistent with residential use. Refer to site map for exact yard configuration. j. Hours and manner of operation. All consistent with residential use. k. Noise, light, dust, odors, fumes and vibration. All consistent with residential use. Appl►oAo% � Co+dahanal Use ►.wt - U}y o� Ka1�sp�11 Fiurck �6 h i Avr Fast St Vlan e{rxence items VIA applieahoaj \ O N T J ! lth — 6ARKIf!(i ALLEY vao�— i ,1 I � � ,^ � �35 I� l�WKYi EFAtt .$ourded o West bg Cour4Hous e PuL V> reSidE BPS, _ '� 013m jed OR Ea-.4, tCortu, avid j . a ` r L04 51'te -IS' K 142' o J .No discerwiblotopae�rapl•�oca �< n �� .Ekisiiot +proposedu5C of 54roduo-e5IcTE" Ynf€ resi�¢v.�la i, M mre:anm Mnnn C ►I LV--- 1 io VICINITY MAP ARTHUR & SUSAN BURCH CONDITIONAL USE PERMIT TO ALLOW FOR AN ASSESSORY vVELLING 0 ! A SOT IN THE R- l TWO FAMILY RESIDENTIAL ZONING DISTRICT 0 ��`` T PLOT DATE: 5/13/04 li ILE d SIC l.� — n 4 — r" ':, lam. ' E l , = 2 G O � Y:\gis\site\kcu04_7.dwg