Ordinance 1570 - WITHDRAWN AT REQUEST OF APPLICANT - Zoning - DMK Subdivision - Don & Mary Kruse04/03/2006: WITHDRAWN PRIOR TO 2ND READING
AT THE REQUEST OF PETITIONER
ORDINANCE NO. 1570
AN ORDINANCE TO AMEND SECTION 27.02.010, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ZONING CERTAIN REAL
PROPERTY DESCRIBED AS LOT 6 OF SUNNYSIDE PARK SUBDIVISION LOCATED IN SECTION
18, TOWNSHIP 28 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
(PREVIOUSLY ZONED COUNTY R-1, SUBURBAN RESIDENTIAL) TO CITY R-2 (SINGLE
FAMILY RESIDENTIAL), IN ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020,
AND TO PROVIDE AN EFFECTIVE DATE.
WHEREAS, Donald and Mary Kruse, the owner of the property described above, petitioned the City of
Kalispell that the zoning classification attached to the above described tract of land be zoned R-
2, Single -Family Residential, on approximately 2.82 acres of land, and
WHEREAS, the property is located on the north side of Sunnyside Drive, west and south of Ashley Drive,
and
WHEREAS, Kruse's petition was the subject of a report compiled by the Kalispell Planning Department,
Staff Report 4KA-06-1, dated January 31, 2006, in which the Kalispell Planning Department
evaluated the petition and recommended that the property as described above be zoned R-2,
Single Family Residential, as requested by the petition, and
WHEREAS, after considering all the evidence submitted on the proposal to zone the property as described R-
2, Single Family Residential, the City Council finds such initial zoning to be consistent with the
Kalispell Growth Policy 2020 and adopts, based upon the criterion set forth in Section 76-3-
608, M.C.A., and State, Etc. v. Board of County Commissioners, Etc. 590 P2d 602, the findings
of fact of KPD as set forth in Staff Report No. KA-06-1.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS
FOLLOWS:
SECTION I. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1460) is hereby amended by designating the
property described above as R-2, Single Family Residential, on approximately
2.82 acres of land.
SECTION IL The balance of Section 27.02.010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION III. This Ordinance shall be effective thirty (30) days from and after the date of its
final passage and approval by the Mayor.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF
KALISPELL THIS 6TH DAY OF MARCH, 2006.
ATTEST:
Theresa White
City Clerk
Pamela B. Kennedy
Mayor