Dr. Abbott Zoning Appeal1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
28
27
28
2006 AU",0 - 9 AM 10: 16
MUNICIPAL COURT, STATE OF MONTANA
In and For the City of Kalispell
CITY OF KALISPELL, a municipal )
body, )
Plaintiff, )
vs. )
DANIEL D. ABBOTT, )
Defendant. )
Zoning Ordinance Infraction
Citation No. 05-01
STIPULATION
COMES NOW the parties, State of Montana, City of Kalispell, Plaintiff, by and
I through its attorney, Charles A. Harball, and Daniel D. Abbott, Defendant, by and
I through his attorney, William E. Astle, and hereby stipulate as follows:
WHEREAS, this matter relates to a City of Kalispell Zoning Ordinance
I Infraction consisting of the allegation that the garage/residence located on
Defendant's property is an encroachment into the twenty (20) foot setback area; and,
WHEREAS, the Defendant, Daniel D. Abbott, is presently negotiating the
purchase of an interest in the contiguous property to comply with the setback
I regulation of the City of Kalispell Zoning Ordinance; and,
I STIPULATION
Page 1 of 3
1
2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
26
21
22
23
24
25
26
27
28
WHEREAS, the parties hereto recognize that such a purchase by the I
I Defendant would result in compliance with the zoning setback requirement and an I
I abatement of the alleged zoning violation; and,
WHEREAS, the parties further recognize that, notwithstanding the abatement I
I of the zoning violation, the encroachment of the structure as alleged was an on- I
I going violation of the Kalispell Zoning Ordinance.
NOW, THEREFORE, the parties hereto stipulate and agree that, subject to I
I the express condition precedent, that the Defendant is able to acquire an interest in �
I the contiguous real property, to satisfy the setback zoning violation alleged herein,
I thereby resulting in compliance with the City of Kalispell Zoning Ordinance and the I
abatement of any violation, nonetheless, the parties agree, as approved by the Court �
I herein, that a civil penalty in the amount of $1,500-00 shall be paid to the Court in �
complete and final settlement of the alleged zoning violation and upon the
abatement of the alleged zoning violation, together with the payment of the civil 1
penalty of $1,500-00, the Complaint filed herein shall be dismissed, with prejudice.
I' DATED this f?krday of July, 2006.
State of Montana
CITY OF KALISPELL
Marles A. Hbrball
Kalispell City Attorney
STIPULATION
Page 2 of 3
2
3
4
5
6
7
8
9
19
11
12
13
14
15
16
17
18
19
29
21
22
23
24
25
26
27
28
w
DATED this day of July, 2006.
ASTLE LAW FIRM
By:/// v I —
illiam Astlel\,,,-,-"
Attorney or Defendant
( APPROVED:
State of Montana
MUNICIPAL COURT
In and For the City of Kalispell
By:� c
Hgkdo'-F " bnc a ispe Municipal Judge
i STIPULATION
Page 3 of 3