09. Andrews - Conditional Use PermitCity of Kalispell
P.O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Rolland and Laurel Andrews
ADDRESS: 528 Woodland Avenue
Kalispell, MT 59901
LEGAL DESCRIPTION: Lots 4,5, & 6, except the W. 110', of Block
199, Kalispell Original Townsite
OWNER: Rolland and Laurel Andrews
ZONE: Urban Single -Family Residential, R-3
Rolland and Laurel Andrews, applicant, applied to the City of
Kalispell for a conditional use permit to use a home on the
property described above as a bed and breakfast.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on April 12, 1994 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to sixteen
conditions.
After reviewing the application, the record, the FRDO report,
and after duly considering the matter, the City Council of the City
of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Flathead Regional Development Office, Conditional Use Report
#KCU-94-02 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit for
a bed and breakfast, subject to the following conditions:
SECTION I.
1. All applicable permits (Certificate of Occupancy, State
Health, Electrical, etc.) and licenses shall be obtained
prior to operation,
2. No more than eight (8) guests in four (4) rooms shall
stay overnight at one time.
3. Smoke detectors be installed in each guest room and
hallway.
4. A landscape and irrigation plan be submitted to the
City's Site Plan Review Committee and improvements
1
installed prior to the issuance of any permits. This
landscape plan shall indicate the type of plant that will
be used to buffer the driveway parking area. The minimum
plant height will be three (3) feet at the time of
planting and will be spaced sufficiently to screen the
parked vehicles. These plants will be permitted to grow
to four (4) feet and shall be maintained at a minimum of
four (4) feet in height.
5. The property owner shall comply with the standards set
forth in the Kalispell Zoning Ordinance, with special
attention to Section 27.35.020 which reads as follows:
(1) The Conditional Use Permit shall specify the number
of rental rooms and total number of guests permitted in
the facility.
(2) The bed and breakfast uses shall be limited to the
principal structure and not extend to any accessory or
added structure.
(3) Room rentals to families or individuals shall not
exceed fourteen consecutive days.
(4) The bed and breakfast facility must be accessory to
and contained within the existing single-family dwelling
occupied by the dwelling's owner.
(5) An occupancy permit shall be obtained from the City
building department prior to the commencement of
business.
(6) The bed and breakfast facility will be subject to a
yearly review by the Zoning Administrator. If an
approved facility is not established within one (1) year
of the approval date, or is not established within one
(1) year, the approval automatically expires and a new
application is required.
(7) Transfer of ownership of the bed and breakfast
facility will require review by the zoning commission and
issuance of a conditional use permit in the new owner's
name.
(8) The bed and breakfast facility must maintain an up-
to-date guest register.
(9) The owners of the dwelling must be in permanent
residence and maintain full use of the kitchen, dining
room, living room, and at least one (1) bedroom and
bathroom not accessible to the overnight lodgers.
2
(10) Overnight lodgers shall not have direct access to
cooking facilities although the permanent resident(s) of
the dwelling may provide breakfast service to the guests.
(11) The residential structure shall not be
significantly modified to provide additional sleeping
rooms or exhibit a non-residential appearance except for
a small permitted sign as provided for in subsection (12 )
of this section.
(12) A freestanding placard or a nameplate attached to
the front entryway or gate of the house with the words
"Bed and Breakfast" may be permitted, but in no instance
shall the size of said placard or nameplate exceed four
hundred thirty-two (432) square inches. Further, said
sign shall be architecturally harmonious with the
residential structure and shall not rotate, flash or
blink.
(13) The use of the bed and breakfast facilities shall
be limited to the exclusive use of the residential
dwellers and their overnight guests. No other use such
as a restaurant, bar or otherwise which attracts
nonboarding customers is permitted. No alcoholic
beverages shall be sold on the premises.
(14) No people, other than the residents of the dwelling
may be employed or otherwise assist in the operation of
a bed and breakfast facility.
(15) One (1) off-street parking space will be provided
for each sleeping room plus two (2) spaces for the
resident owner.
(16) The use of the residential dwelling for bed and
breakfast must comply with all applicable state "rules"
pertaining to "Food, Public Accommodations, and Consumer
Safety" and with all applicable building and fire codes.
SECTION II.
The conditional use permit, herein granted, shall terminate 12
months from date of issuance if commencement of the authorized
activity has not begun.
Dated this day of
3
, 1994.
Douglas D. Rauthe, Mayor
STATE OF MONTANA )
ss
County of Flathead )
On this day of , 1994, before me, a Notary
Public, personally appeared Douglas D. Rauthe, 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 he 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
4
723 5th Avenue East - Room 414
Kalispell, Montana 59901
April 13, 1994 Phone: (406) 758-5780
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Andrews - Conditional Use Permit
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, April. 12, 1994, and held a public hearing on the following:
A request by Rolland and Laurel Andrews for a conditional use permit
to allow a bed and breakfast in Kalispell. The property is located on
the northwest corner of Woodland Avenue and Sixth Street East. Access
would be from Woodland Avenue and 6th Street East. The site is zoned
R-3, Urban Single Family Residential. The design would allow the
existing house to be used as a bed and breakfast. The site is more
particularly described as Parts of Lots 4,5 and 6, Block 199, in the NW4
of Section 17, T28N, R21W, P.M.M., Flathead County, Montana.
John Parsons, of FRDO presented the staff report, and recommended granting the
permit subject to five (5) conditions in the report. The applicant and one other
person spoke in favor of the request. No one spoke in opposition. Following the
public hearing and adoption of the findings of fact, the Board voted unanimously to
recommend approval of the conditional use permit.
This recommendation is being forwarded to the City Council for final action. If you
have any questions regarding this request, please contact the Commission or John
Parsons at FRDO.
Respectfully Submitted,
KAL ySPELL CITY-COUJTY PLANNING BOARD AND ZONING COMMISSION
tom- 4L
Therese Fax Hash
President
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Attachments: FRDO Report #KCU-94-02
Application Materials
F:\FRDO\TRANSMIT\KCU-94-2.REC
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish 9
ATTACHMENT A
ROLLAND AND LAUREL ANDREWS
CONDITIONAL USE PERMIT #KCU-94-02
CONDITIONS OF APPROVAL
AS RECOMMENDED BY
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
APRIL 12, 1994
It is recommended that a favorable recommendation to the City Council for the
granting of the requested Conditional Use Permit, subject to the following conditions:
1. All applicable permits (Certificate of Occupancy, State Health, Electrical,
etc.) and licenses shall be obtained prior to operation.
2. No more than eight (8) guests in four(4) rooms shall stay overnight at
one time.
3. Smoke detectors be installed in each guest room and hallway.
4. A landscape and irrigation plan be submitted to the City's Site Plan
Review Committee and improvements installed prior to the issuance of
any permits. This landscape plan shall indicate the type of plant that
will be used to buffer the driveway parking area. The minimum plant
height will be three (3) feet at the time of planting and will be spaced
sufficiently to screen the parked vehicles. These plants will be
permitted to grow to four (4) feet and shall be maintained at a minimum
of four (4) feet in height.
5. The property owner shall comply with the standards set forth in the
Kalispell Zoning Ordinance, with special attention to Section 27.35.020
which reads as follows:
(1) The Conditional Use Permit shall specify the number of rental
rooms and total number of guests permitted in the facility.
(2) The bed and breakfast uses shall be limited to the principal
structure and not extend to any accessory or added structure.
(3) Room rentals to families or individuals shall not exceed fourteen
consecutive days.
(4) The bed and breakfast facility must be accessory to and contained
within the existing single-family dwelling occupied by the dwelling's
owner.
(5) An occupancy permit shall be obtained from the City building
department prior to the commencement of business.
(6) The bed and breakfast facility will be subject to a yearly review
by the Zoning Administrator. If an approved facility is not established
within one (1) year of the approval date, or is not established within
one (1) year, the approval automatically" expires and a new application
is required.
(7) Transfer of ownership of the bed and breakfast facility will
require review by the zoning commission and issuance of a conditional
use permit in the new owner's name.
(8) The bed and breakfast facility must maintain an up-to-date guest
register.
(9) The owners of the dwelling must be in permanent residence and
maintain full use of the kitchen, dining room, living room, and at least
one (1) bedroom and bathroom not accessible to the overnight lodgers.
(10) Overnight lodgers shall not have direct access to cooking facilities
although the permanent resident(s) of the dwelling may provide
breakfast service to the guests.
(11) The residential structure shall not be significantly modified to
provide additional sleeping rooms or exhibit a non-residential appearance
except for a small permitted sign as provided for in subsection (12) of
this section.
(12) A freestanding placard or a nameplate attached to the front
entryway or gate of the house with the words "Bed and Breakfast" may
be permitted, but in no instance shall the size of said placard or
nameplate exceed four hundred thirty-two (432) square inches. Further,
said sign shall be architecturally harmonious with the residential
structure and shall not rotate, move, flash or blink.
(13) The use of the bed and breakfast facilities shall be limited to the
exclusive use of the residential dwellers and their overnight guests. No
other use such as a restaurant, bar or otherwise which attracts
nonboarding customers is permitted. No alcoholic beverages shall be
sold on the premises.
(14) No people, other than the residents of the dwelling may be
employed or otherwise assist in the operation of a bed and breakfast
facility.
(15) One (1) off-street parking space will be provided for each
sleeping room plus two (2) spaces for the resident owner.
(16) The use of the residential dwelling for bed and breakfast must
comply with all applicable state "rules" pertaining to "Food, Public
Accommodations, and Consumer Safety" and with all applicable building
and fire codes.
TRANSMIT\KCU94-02.REC
FLATHEAD REGIONAL DEVELOPMENT OFFICE
CONDITIONAL USE REPORT #KCU94-02
ROLLAND AND LAUREL ANDREWS
APRIL 4, 1994
A report to the Kalispell City -County Planning Board and Zoning Commission regarding
a request for a Conditional Use Permit to allow a Bed and Breakfast offering four (4)
rooms for a maximum of eight (8) guests in an existing residence. This request is
scheduled for a public hearing at the April 12, 1994 Kalispell City -County Planning
Board meeting. Following this hearing a recommendation would be forwarded to the
Kalispell City Council for final action.
A. APPLICANT/OWNER
Applicant:
Rolland and Laurel Andrews
528 Woodland Avenue
Kalispell, MT 59901
B. SIZE AND LOCATION:
Size: The property is approximately 3/4 of an acre.
Location: The subject property is located at 528 Woodland Avenue. It is further
described as Lots 4, 5, and 6, except the W. 110, of Block 199, in the NW4 of
Section 17, T28N, R21W, P.M.M., Flathead County, Montana.
C. NATURE OF REQUEST
The applicant is requesting a Conditional Use Permit to allow the operation of
a Bed and Breakfast in an existing residence. The applicant states that
previously up to 13 guests had been staying in the house. They now wish to
operate a Bed and Breakfast for a maximum of eight (8) people in four (4)
rooms.
D. LAND USE AND ZONING
Existing Zoning: The property is located within the City of Kalispell and is
zoned R-3, Urban Single -Family Residential. "Bed and Breakfast" is listed as a
use which may be permitted by a Conditional Use Permit, City of Kalispell
Zoning Ordinance.
0
G.
Existing Land Use: The property is currently used as a private residence.
Please see the attached site plan for existing improvements.
Adjacent Zoning and Land Use: All adjoining properties are zoned R-3, the
same as the subject property. Single-family homes lie to the north, south, and
west. Across Woodland Drive to the east is vacant.
MASTER PLAN DESIGNATION
The Master Plan designates this area as Urban Residential.
UTILITIES/SERVICES
Sewer:
City of Kalispell
Water:
City of Kalispell
Solid Waste:
City of Kalispell
Police:
City of Kalispell
Fire:
City of Kalispell
EVALUATION OF REQUEST
1. Site Suitability:
a. Adequate Useable Space: This site contains approximately 3/4 of
an acre. The applicant has proposed to locate the parking spaces
along the existing driveway in the garage and under the carport.
The total available parking would be 11 spaces. This is felt to be
adequate for the four (4) rooms/eight (8) guests plus the residents.
b. Adequate Access: Woodland Avenue is classified as a Minor
Arterial and 6th Street East is classified as a Collector Street in the
Master Plan. Both are paved two-lane roads that serve this site.
C. Environmental Constraints: There are no apparent environmental
constraints such as floodplain, seismic activity, standing water, etc.,
impacting the property.
2. Appropriate Design:
a. Parking Scheme: The applicant proposes to provide paved
parking with access to the parking area from the existing streets.
The proposed parking scheme does meet City requirements. A
total of 11 spaces is provided. Five (5) of the parking spaces could
be provided as parallel parking in the 20-foot driveway; four (4)
2
spaces in the garage and two (2) spaces in the carport. There is
concern that the driveway area in front of the garage and carport
is not currently paved. Since this will no longer be just a residence
the property owner needs to pave this area.
b. Traffic Circulation: Traffic will access the site via Woodland Ave
and 6th Street East.
C. Open Space: The site plan is adequate for the needs of the
clientele of a bed and breakfast, as they typically spend little time
on the grounds.
d. Fencing/Screening The property is well screened for this type of
use with the possible exception of the driveway parking. This type
of use, although minor, is commercial in nature. The additional
parking along the driveway should be screened using landscape
hedges to soften its impact from Woodland Drive.
e. Landscaping Additional screening will be necessary to soften the
impact of the proposed parking in the driveway from Woodland
Avenue. This additional landscaping would need to adequately
soften the impact of five (5) vehicles parking in the driveway. In
order to do this a minimum three (3) foot high planting should be
installed along the east side of the driveway. This planting would
be approved by the Site Plan Review Committee and installed prior
to the issuance of any permits.
f. Signage: The applicant is not proposing signage at this time. Any
sign erected on the site will require a permit from the City of
Kalispell and is subject to ordinance requirements.
3. Availability of Public Services/Facilities:
a. Schools: Since the applicant is proposing a bed and breakfast
no apparent impact to the schools is expected.
b. Parks and Recreation: This proposal may impact the existing
parks and recreational facilities as a result of the overnight guests
visiting these amenities. Impact should be minimal.
C. Police/Fire Protection: This property lies within the City of Kalispell
Police Department's jurisdiction. After review of the proposal, nc
problems are anticipated.
3
d. Fire Protection: The City of Kalispell's Fire Department does not
foresee problems in providing service to this site. They do
recommend that smoke detectors be installed in each of the guest
rooms.
e. Water: City water service is in place and is adequate to serve the
proposed use.
f. Sewer: The City's sewer service is also in place and able to serve
the site.
g. Solid Waste: Refuse collection will be handled by the City of
Kalispell.
h. Roads: Woodland Avenue and 6th Street East will be able to
accommodate the small amount of traffic generated by the
proposed use.
4. Immediate Neighborhood Impact: The proposed bed and breakfast would
lead to a slight increase in the amount of traffic to the neighborhood and
the site. Visually the residence will not change. With the addition of the
landscaping along the driveway, no significant impact is expected.
5. Immediate Neighborhood Integrity: The proposed use is located in an
established residential neighborhood. The applicant is not proposing any
additional expansion to the site. Situated on a corner lot, traffic generated
by the bed and breakfast will minimally impact the surrounding
neighborhood. The parking will have to be buffered and screened as
much as possible to eliminate impacts to the neighborhood.
7. Impact on Property Values: At this time no impact on surrounding
property values is foreseen.
H. SUMMARY OF FINDINGS
1. The site is suitable in size and design to accommodate this use.
2. Access to and from the site is by the existing street system and is
adequate to serve the proposed use.
3. No apparent environmental constraints exist on the property.
4. Public facilities are adequate for the proposed use.
4
5. The parking plan needs to accommodate landscaping and buffering.
6. The impact to surrounding properties should be minimal.
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It is recommended that the Kalispell City -County Planning Board and Zoning
Commission adopt this report as Findings of Fact and forward a favorable
recommendation to the City Council for the granting of the requested Conditional
Use Permit, subject to the following conditions:
1. All applicable permits (Certificate of Occupancy, State Health, Electrical,
etc.) and licenses shall be obtained prior to operation.
2. No more than eight (8) guests in four(4) rooms shall stay overnight at one
time.
3. Smoke detectors be installed in each guest room and hallway.
4. A landscape and irrigation plan be submitted to the City's Site Plan
Review Committee and improvements installed prior to the issuance of
any permits. This landscape plan shall indicate the type of plant that will
be used to buffer the driveway parking area. The minimum plant height
will be three (3) feet at the time of planting and will be spaced sufficiently
to screen the parked vehicles. These plants will be permitted to grow to
four (4) feet and shall be maintained at a minimum of four (4) feet in
height.
5. The property owner shall comply with the standards set forth in the
Kalispell Zoning Ordinance, with special attention to Section 27.35.020
which reads as follows:
(1) The Conditional Use Permit shall specify the number of rental
rooms and total number of guests permitted in the facility.
(2) The bed and breakfast uses shall be limited to the principal
structure and not extend to any accessory or added structure.
(3) Room rentals to families or individuals shall not exceed fourteen
Cps ecutive days.
(4) The bed and breakfast facility must be accessory to and contained
within the existing single-family dwelling occupied by the dwelling's owner.
5
(4) The bed and breakfast facility must be accessory to and contained
within the existing single-family dwelling occupied by the dwelling's owner.
(5) An occupancy permit shall be obtained from the City building
department prior to the commencement of business.
(6) The bed and breakfast facility will be subject to a yearly review by
the Zoning Administrator. If an approved facility is not established within
one (1) year of the approval date, or is not established within one (1)
year, the approval automatically expires and a new application is required.
(7) Transfer of ownership 'of the bed and breakfast facility will require
review by the zoning commission and issuance of a conditional use permit
in the new owner's name.
(8) The bed and breakfast facility must maintain an up-to-date guest
register.
(9) The owners of the dwelling must be in permanent residence and
maintain full use of the kitchen, dining room, living room, and at least one
(1) bedroom and bathroom not accessible to the overnight lodgers.
(10) Overnight lodgers shall not have direct access to cooking facilities
although the permanent resident(s) of the dwelling may provide breakfast
service to the guests.
(11) The residential structure shall not be significantly modified to
provide additional sleeping rooms or exhibit a non-residential appearance
except for a small permitted sign as provided for in subsection (12) of this
section.
(12) A freestanding placard or a nameplate attached to the front
entryway or gate of the house with the words "Bed and Breakfast" may be
permitted, but in no instance shall the size of said placard or nameplate
exceed four hundred thirty-two (432) square inches. Further, said sign
shall be architecturally harmonious with the residential structure and shall
not rotate, move, flash or blink.
(13) The use of the bed and breakfast facilities shall be limited to the
exclusive use of the residential dwellers and their overnight guests. No
other use such as a restaurant, bar or otherwise which attracts
nonboarding customers is permitted. No alcoholic beverages shall be
sold on the premises.
L•�
(14) No people, other than the residents of the dwelling may be
employed or otherwise assist in the operation of a bed and breakfast
facility.
(15) One (1) off-street parking space will be provided for each sleeping
room plus two (2) spaces for the resident owner.
(16) The use of the residential dwelling for bed and breakfast must
comply with all applicable state "rules" pertaining to "Food, Public
Accommodations, and Consumer Safety" and with all applicable building
and fire codes.
F:\... \KCU94-02.B&B
7