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1. Conditional Use Permit Denial - Charles E KellerTri-City Planning Office 17 Second Street last — Suite 21.1 Kalispell, Montana 59901 Phone. (406) 758-1850 Fax: (406) 751-1858 tricity@centurytel.net www.tricitypianning-mt.com REPORT TO: Kalispell Mayor and. City Council FROM: Thomas R. dentz, Director Chris A. Kukulski, City Manager SUBJECT Charles Keller Cluster Housing Conditional Use Permit MEETING DATE: October 20, 2003 BACKGROUND: The Council, at the October 6 meeting, heard a request by Charles E. Keller for a conditional use permit to allow the construction of a four-plex apartment building on property zoned R-3, Urban Single -Family Residential located on the southeast corner of Grandview Drive and US Highway 93 in Kalispell. A motion to approve the conditional use permit failed. In essence, the project was denied. However, the staff report and the planning board had recommended approval with a series of significant conditions. Because the council in effect denied the project, specific findings need to be articulated to support the action of the council. Staff has prepared a set of findings that reflect the council discussion and action that occurred at the October 6 Council meeting. It would be appropriate for the council to review the attached findings, modify them as appropriate, and adopt them. RECOMMENDATION: A motion to adopt findings as attached supporting the denial of CUP permit KCUP-03-4 for a 4 unit cluster housing project. FISCAL EFFECTS: None ALTERNATIVES: As suggested by the city council. Respectfully submitted, r ` Thomas R. Jentz I Chris A. Kukulski Director City Manager Report compiled: October 15, 2003 c: Theresa White, Kalispell City Clerk Attachments: Denial of Conditional Use - Suggested findings Providing Community Planning Assistance To: • City of Kalispell • City of Whitefish • City of Columbia Falls City of Kalispell P. 0. Box 1997 Kalispell, Montana 59903-1997 DENIAL OF CONDITIONAL USE APPLICANT: Charles E. Keller 2431 Highway 2 East Kalispell, MT 59901 Jackola Engineering and Architecture PO Box 1134 Kalispell, MT 59903 LEGAL DESCRIPTION: Assessor's Tract 2DCC located in Section 1, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana ZONE: Urban Single Family Residential, R-3 The applicant has applied to the City of Kalispell for a conditional use permit to allow a four- plex unit to be built on approximately 33,700 square feet in an R-3, Urban Single Family Residential zone, using the clustering provision of the Zoning Regulations. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on September 9, 2003, held a public hearing on the application, took public comment and recommended that the application be approved subject to eight 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 the following as the Council's findings of fact, and denies the above -described real property a conditional use permit to allow the construction of a four-plex unit in a R-3, Urban Single Family Residential zoning district as requested. 1. The primary access of the applicant to the subject property is currently limited to 20 feet. 2. The Kalispell City Planning Board and Zoning Commission recommended that the primary access road be a minimum of 30 feet to accommodate a 24-foot wide paved travel surface, storm water management and snow storage/removal and offer an area for pedestrian access. 3. This Council finds that a 30-foot access width is inadequate to accommodate a 24-foot wide paved travel surface, storm water management and snow storage/removal and offer an area for pedestrian access. It notes that the minimum width for a city street is 60 feet to serve these purposes. 4. This critical limitation of the primary access to the property makes the subject property unsuitable for a grant of conditional use as requested. In the event that the applicant is able to obtain an adequate primary access to this property, the City will again consider the application of a conditional use permit. Dated this 5th day of October, 2003. STATE OF MONTANA ss County of Flathead Pamela B. Kennedy Mayor On this day of , 2003 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