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