CUP Middleton & Fisher/3-Unit Townhouse-2 B
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Theresa White
Kalispell City Clerk na,T
PO Box 1997
Kalispell, MT 59903 -------
City of Kalispell
P. O. Box 1997
S Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Jody Middleton & Lori Fisher
881 Helena Flats Road
Kalispell, MT 59901.
LEGAL DESCRIPTION: Assessor's Tract 8TH located 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 a
three unit townhouse on an existing 25,092 square foot lot. The property at 1310 6th Avenue West
already has a single family residence on it, which would be retained.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
January 10, 2006, held a public hearing on the application, took public comment and recommended
that the application be approved subject to six conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-05-10 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 a three unit townhouse on an existing 25,092 square foot lot located at
13t0 6th Avenue West in an R-4, Two Family Residential zoning district subject to the following
conditions:
1. That the development of the site shall be in substantial compliance with the application
materials and site plan submitted, as well as any additional conditions associated with the
CUP as approved by the city council. (Kalispell Subdivision. Regulations, Appendix C —
Final Plat).
2. Prior to the start of construction on the townhouse units, the applicant shall go through the
subdivision approval process and secure final plat approval.
3. The applicant shall be required to extend individual water and sewer service lines to the
individual townhouse units in accordance with a plan approved by the Kalispell Public
Works Department.
4. The applicant shall comply with all building code issues prior to occupancy of the building.
5. The applicant shall comply with all fire code issues prior to occupancy of the building
including -
a. The placement of an additional hydrant if it proves necessary.
b. The placement of house addresses that are clearly visible from 6th Avenue West. This
could be done through a single address sign at the entrance of the cornmon drive or by
placement of house address numbers of a size and location on the houses that are
viewable from 6th Avenue West.
6. 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 Februar , 2006.
Pamela B. Kerin
Mayor
STATE OF MONTANA
ss
County of Flathead
On this Z day of 1z , 2006 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 instniment 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.
,'` t�,ir '�P�1 F; `'� •kph " � � "1
a Notary Public, State of Montana
Residing at Kalispell, Mont na
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