08. Resolution 4897 - Subdivision Variance - Empire Estates Phase 1Tri-City Planning Office
17 Second Street East — Suite 211
Kalispell, Montana 59901
Phone: (406) 758-1850
Fax: (406) 751-1858
tricity@centurytel.net
www.tricityplanning-mt.com
REPORT TO: Kalispell Mayor and City Council
FROM: Narda A. Wilson, Senior Planner
Chris A. Kukulski, City Manager
SUBJECT Empire Estates Phase 1, Lots 1 through 5, Block 11 -
Subdivision Variance
MEETING DATE: June 7, 2004
BACKGROUND: This is a request for a variance to the Kalispell Subdivision
Regulations for Lots 1 through 5, Block 11 of Empire Estates Phase 1. This request
has been filed concurrently with the application for final plat approval of this the first
phase of this subdivision. Upon review of the final plat application and subdivision
plat, it became apparent that the final plat did not comply with the approved
preliminary plat or the Kalispell Subdivision Regulations that prohibits the creation of
through lots otherwise known as "double frontage" lots. The property is located on the
east side of Stillwater Road and north of Three Mile Drive approximately one half mile.
The developers are asking for a variance to Section 3.06 (I) which states "Through lots
or reverse lots are prohibited except where essential to provide separation of
residential development from traffic arteries or to overcome specific topographic or
orientation difficulties." In order to gain approval of the final plat, a variance to the
subdivision regulations is required to allow the double frontage lots
The Kalispell City Council granted preliminary plat approval for Empire Estates
Subdivision on June 7, 2003 subject to 18 conditions. Phase 1 of Empire Estates
Subdivision has been submitted for final plat approval which plats 16 single family
lots and 50 sublots on approximately 14 acres. Included in the first phase of the final
plat is an approximately 1.748 acre City park.
When this property was annexed to the city in June of 2003 it was given an initial
zoning designation of R-4, Two Family Residential, which intended for single family
and duplex development. This minimum lot size requirement is 6,000 square feet and
the minimum lot width is 50 feet. Setbacks are 15 feet in the front and side corner,
10 feet in the rear and five feet on the sides.
The reconfiguration of the lots was necessitated in order 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. The developers are
proposing an easement on the east side of the lot thereby limiting access to the
western street. The limited access eliminates potential problems or hazards that
could be a potential problem with dual or through access to the lots. Risk to the
Providing Community Planning Assistance To:
• City of Kalispell - City of Whitefish • City of Columbia Falls
Empire Estates Subdivision Variance
June 1, 2004
Page 2
public health, safety and general welfare would not be beyond other single frontage,
single access lots.
RECOMMENDATION: Based on the finings in staff report KZV-04-1, staff is
recommending that the city council grant the variance to the subdivision regulations
subject to a condition for a landscape and no access easement on the east boundaries
of Lots 1 through 5, Block 11, Phase 1 of Empire Estates.
FISCAL EFFECTS:
ALTERNATIVES:
Respectfully submitted,
Narda A. Wilson
Senior Planner
Minor positive impacts once fully developed.
As suggested by the city council.
Report compiled: June 1, 2004
Chris A. Kukulski
City Manager
c: Theresa White, Kalispell City Clerk
Wayne E. Turner, 3300 Hwy 2, West, Kalispell, MT 59901
Sands Surveying, 2 Village Loop, Kalispell, MT 59901
Attachments: Staff report KZV-04-1 and application materials
Vicinity map
Final plat
Preliminary plat
TRANSMIT\KALISPEL\2004\KZV4-1
RESOLUTION NO.4897
A RESOLUTION GRANTING A VARIANCE TO THE PRELIMINARY PLAT OF
EMPIRE ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A", IN SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA.
WHEREAS, On July 7, 2003 the Kalispell City Council passed Resolution No. 4806 approving
the preliminary plat of Empire Estates Subdivision; and
WHEREAS, as a part of the subdivision approval process the Empire Estates Subdivision is
required to comply with the Subdivision Ordinances of the City of Kalispell located
at Title 28 of the Kalispell City Code; and
WHEREAS, at Chapter 3, Section 3.06 of the Subdivision Ordinance, Empire Estates Subdivision
is prohibited from creating Through Lots or Reverse Lots "except where essential to
provide separation of residential development from traffic arteries or to overcome
specific topographic or orientation difficulties"; and
WHEREAS, a reconfiguration of some of the lots of the Empire Estates Subdivision was
necessitated in order to insure that all of the lots complied with the minimum lot size
and minimum width standards of the R-4 zoning district. This reconfiguration
created "double frontage" lots at lots 1 through 5, Block 11, of the subdivision which
are prohibited by Ordinance 28.3.06 set forth above; and
WHEREAS, Tri-City Planning Office Staff report KZV-04-1 dated June 1, 2004, reviewed this
specific situation and recommended certain findings of fact be made by Council and
further recommended that Council grant this variance to the Empire Estates
Subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L The findings of the Tri-City Planning Office Staff report KZV-04-1 dated
June 1, 2004 are hereby adopted by Council as its Findings of Fact.
SECTION II. The Empire Estates Subdivision, Lots 1 through 5, Block 11 are granted a
specific variance from Ordinance 28.3.06 on the condition that the plat
contain a note along the eastern boundary of Lots 1 through 5, Block 11 that
denotes a 15 foot landscape buffer and no access strip.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF JUNE, 2004.
Pamela B. Kennedy
ATTEST: Mayor
Theresa White
City Clerk
EXHIBIT "A"
Empire Estates Legal Description
Property can be described as being the West half of the Southwest Quarter of Section 1, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a
60'County road known as Stillwater Road.
EMPIRE ESTATES SUBDIVISION PHASE 1
TRI-CITY PLANNING OFFICE
STAFF REPORT KZV-04-1
REVIEW AND FINDINGS OF FACT SUBDIVISION VARIANCE
JUNE 1, 2004
This is a report to the Kalispell City Council for findings of fact for a variance to the
Kalispell Subdivision Regulations, Section 3.06(I).
BACKGROUND: The Kalispell City Council granted preliminary plat approval for
Empire Estates Subdivision on June 7, 2003 subject to 18 conditions. Phase 1 of
Empire Estates Subdivision has been submitted for final plat approval which plats 16
single family lots and 50 sublots on approximately 14 acres. Included in the first
phase of the final plat is an approximately 1.748 acre City park.
A. Petitioner and Owners:
Technical Assistance:
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
(406) 257-1682
Sands Surveying, Inc.
2 Village Loop
Kalispell, MT 59901
(406) 755-6581
B. Location: The property is located on the east side of Stillwater Road and north
of Three Mile Drive approximately one half mile. The property can be described
as an approximately 14 acre portion of Assessor's Tract in Section 1, Township
28 North, Range 22 West, P.M.M., Flathead County.
C. Nature of the Request: This subdivision variance applies to Lots 1 through 5,
Block 11 of Empire Estates Phase 1. Upon review of the final plat application
and subdivision plat, it became apparent that the final plat did not comply with
the approved preliminary plat or the Kalispell Subdivision Regulations that
prohibits the creation of through lots otherwise known as "double frontage"
lots. Section 3.06(I) states that "Through lots or reverse lots are prohibited
except where essential to provide separation of residential development from
traffic arteries or to overcome specific topographic or orientation difficulties." In
order to gain approval of the final plat, a variance to the subdivision regulations
is required to allow the double frontage lots.
D. Zoning: When this property was annexed to the city in June of 2003 it was
given an initial zoning designation of R-4, Two Family Residential, which
intended for single family and duplex development. This minimum lot size
requirement is 6,000 square feet and the minimum lot width is 50 feet.
Setbacks are 15 feet in the front and side corner, 10 feet in the rear and five
feet on the sides.
E. Compliance with the Kalispell Subdivision Regulations: This subdivision
does not comply with the Kalispell Subdivision Regulations. The Kalispell
Subdivision Regulations prohibits the creation of through lots otherwise known
as "double frontage" lots. This variance has been addressed below:
Variance to Section 3.6 ( I ) "Through lots or reverse lots are prohibited except where
essential to provide separation of residential development from traffic arteries or to
overcome specific topographic or orientation difficulties." "
• The developer is requesting a variance to these standards to allow the
creation of five lots that have frontage on in both the east and west creating
a "double frontage" lot.
Evaluation of the Variance Request The Kalispell Subdivision Regulations provide for
the granting of variances subject to the adoption of findings outlined under Section
1.31(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 15 foot landscape and no access
easement on the east side of the lot thereby limiting access to the western
street. The limited access eliminates potential problems or hazards that
could be a potential problem with dual or through access to the lots. Risk
to the public health, safety and general welfare would not be beyond other
single frontage, single access lots.
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 in order 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.
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.
• The location of the roadways serving the subdivision and the Kalispell
Bypass corridor located to the east of this phase, create difficulties in lot,
road and subdivision configuration. This is most easily addressed through
the design being proposed for these lots and leads to the most efficient use
of space and available land on this site.
4. The variance will not cause a substantial increase in public costs.
• There can be no foreseen costs that would be passed on to the public as a
result of granting this variance since all of the public infrastructure within
the subdivision will be owned and maintained by the City regardless of the
configuration of these lots.
5. The variance will not, in any manner, vary the provisions of any adopted zoning
regulations or growth policy.
• 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.
RECOMMENDATION
Staff recommends that the Kalispell City Council adopt the findings in staff report
KZV-04-1 and approve the variance to the subdivision regulations subject to the
following condition:
1. That a note be placed along the eastern boundary of Lots 1 through 5, Block 11
that denotes a 15 foot landscape buffer and no access strip.
H: A FRDO \REPORTS\ I-DISPEL\KZV04-1
NW
3
VARIANCES: ARE ANY VARIANCES REQUESTED? Yes (yes/no) If yes, please
complete the information below:
SECTIONIREGULATION OF REGULATIONS CREATING HARDSHIP: CHAPTER 3,
SECTION .06, (1) "THROUGH LOTS OR REVERSE LOTS ARE PROHIBITED EXCEPT
WHERE ESSENTIAL TO PROVIDE SEPARATION OF RESIDENTIAL DEVELOPMENT FROM
TRAFFIC ARTERIES OR TO OVERCOME SPECIFIC TOPOGRAPHIC OR ORIENTATION
DIFFICULTIES."
EXPLAIN THE HARDSHIP THAT WOULD BE CREATED WITH STRICT COMPLIANCE OF
REGULATIONS: DUE TO ENLARGEMENT OF LOTS WITHIN BLOCK 10 (CHANGED
AFTER THE APPROVAL OF THE PRELIMINARY PLAT), SEVERAL LOTS IN BLOCK 11 HAD
TO BE RECONFIGURED AS THEY COULD NOT MEEET THE R-4 ZONING MINIMUM LOT
SIZE. THE LOTS IN BLOCK 11 ARE THEREFORE LARGER BUT SEVERAL ARE FRONTED
ON BOTH THEIR EAST AND WEST BOUNDARIES BY INTERNAL SUBDIVISION ROADS. IT
IS THE INTENT OF THE DEVELOPER THAT THE LOTS ARE ACCESSED FROM THE WEST
SIDE AND THAT ACCESS WILL BE PROHIBITED FROM THE EAST.
PROPOSED ALTERNATIVE(S) TO STRICT COMPLIANCES WITH ABOVE
REGULATIONS: A LANDSCAPE BUFFER WILL BE CONSTRUCTED ON THE EASTERN
EDGE OF THE PROPERTY BOUNDARIES TO PROHIBIT TRAFFIC FLOW FROM THAT
DIRECTION.
PLEASE ANSWER THE FOLLOWING QUESTIONS IN THE SPACES PROVIDED BELOW:
Will the granting of the variance be detrimental to the public health, safety or general
welfare or injurious to other adjoining properties?
WITH THE CONSTRUCTION OF THE LANDSCAPE BUFFERS IT WILL BE
IMPOSSIBLE FOR HOMEOWNERS TO ACCESS THEIR PROPERTY FROM BOTH
DIRECTIONS AS THEY WILL BE RESTRICTED TO A WEST ENTRY ONLY THIS
WILL ELIMINATE ANY EXCESS DRIVEWAYS OR TRAFFIC HAZARDS FROM
UNAUTHORIZED USE. AS THESE LOTS FRONT INTERNAL SUBDIVISION ROADS
TRAFFIC SPEEDS WILL BE MINIMAL AND RISK TO THE PUBLIC HEALTH AND
SAFETY APPEARS TO BE MARGINAL.
Will the variance cause a substantial increase in public costs?
MAY % ' I-J4
f-CITE" L� ji
I 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
(topography, shape, etc.) that create the hardship?
THE CONFINES OF STILLWATER ROAD AND THE PROPOSED KALISPELL BY-
PASS LIMITS THE WIDTH OF THE OVERALL SUBDIVISION DESIGN SO THAT ANY
ALTERATION OF THE EAST -TO -WEST LENTH OF SUBDIVISION LOTS HAS A
SIGNIFICANT IMPACT ON ADJOINING LOT CONFIGURATIONS.
5. What other conditions are unique to this property that create the need for a variance?
NONE
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 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.
(Date)
Pa
�nb
\ hpn
KAV SPELL
PROPOSED k
ka$ _ v¢$
sOP5924 £ IVRA
298.26'
_—_ ➢aob f '°c°' 6¢bm gcr y Cd_ � �w �_.$ �', m �� N ��e
IT
M P 63'`48Onpo
8�� gV,
� � ® �� ♦afI � mSX� c
1� ' 6B21a[) o ;,� '� ,a -Sri➢ �� EMP►,RE
�66[{ A➢LIhbMJw
a e i 8 oN $� $81 C vara-a sGbssre .�
8i M�J6.fCM
.vb'osaicnaav—� pg t�x �I a ea➢t
cp .Dabs � ls'
^� m asc6 Door .bbxr .wx , .Dom '
BJ' - .W a➢ � .➢f CL
(y`
M �A6E.ba6 ,pp591`1 � fb/r .CO ba AO'Ob �Pobd ".bbY]0' VIX
SB � Apbb .nn'Ob .00'Oa qO ba AObf F.
®bbb.nb
„� .ssa➢➢ - wagon 3dvwoxvl- y--- -
$ .fleEE➢.
tX3N3aW3 AL1W1 oi
,b6'6901
PRELIMINARY PLAT OF
BY:
SANDS SURVEYING INC,
9AUSCIi3A,MONT.4NA 59Y01
EMPIRE ESTATES
e,[� ti�95ssatli
IN THE WI/2 OF THE SW 114 OF SECTION 1, T.28N., R.22W.,
P.M., M-
,olw
,>y,iv (snsmsT.owtH
FLATHEAD COUNTY, MONTANA
r UA:
WAYWCTIi6NCP
Q1gAP1�C. 61�lIn
l,a Il.:
.41f IL X.3,X1.1
1 n>m)
orscuvmx,
ra-ww
I I I
n�wrs au.wrce�xw`.�'oti�i'."irv.;uvixm noun%'cwaiics�xz vx>r
1 1
o iL=roewxn.moxlwuexo uwe.,u<r vlau. oescwxeti zs
or580,'1024'E
gB566' j
11XX
0
>�
L
6 I J.1
r
N
Q�(i
1
II, PARK
]4 1 1
S 69'18'34"E 589, 55'
m
0
M
w-
r
w
TOTAL AREA: 67.094 ACRES
8471OTS' 41.00 AC
PARKAREA: ZWAC.
tANOSCAPEAREA� 1.660 AC.
ROAD: 2t507AC.
411
IA
FOUP A41LE D,
xal
:47 2 LOT I
PUD
SAC7�5
R4
8A
Lot a
x.
cc
10 1 S� 4 1
< �ujSa,x s
—AC-80
co
--Su Property
SAG-11b
GG
H-
-10
-----------
44
SUBDIVISION
NIR.22
FL1
. . . . . . . . . .
�10
rrMEE AGLE DR
E
R---2
)ACINITY MAP
WA: f NE TT
MAJOR TDRELDNAINT-A LRY FLAT -70R "DAIPIRE ESTATES"
TO�ll R:,j:lZZMi-q,N-rPTAL S"T"ED7,111T
A 637.C94 ACRE, 34 03 N
CT- � T
CON k-iTRE.H.ENT - T T
-L-PcC.)N
rr,
EST�:EN I IT T
1) _L4�i�A , C17f OF XALI'-PELi�
R-4, "TAT 0 F A—k LL
CT � z-i ?1= DATE:
"
c = RG0 a\m\ftte,. -d*3 I