Addressing the Council11 •')i
r. u1
Bldg. T-9 Fort Missoula
Missoula, MT. 50801
May 15,1095
MEMORANDUM
TO: Kalispell City Manager, City Co nci embers and City Attorney
FROM: John Lynn, Associate Director
RE: Conditional Use Permit for 1 2nd Ave. E.
On behalf of the Western Montana Mental Health Center, 1 am formally
and respectfully requesting a continuance of the matter of the Conditional Use
Permit for the property at 1225 2nd Ave East, known as Independence House.
We believe there are significant legal issues which need to be researched
before action should be taken on this matter. Specifically we believe that:
Current zoning allows our use of the facility. There is no violation of zoning
requiring the Mental Health Center to seek a Conditional Use Permit.
r* Four unrelated individuals are allowed to live In each side of the duplex
under current zoning.
Any restrictions or conditions placed on the residents of the facility would be
tied to the fact that they have a menial disability.
Such restriction or condition would be in violation of the Fair Housing Act,
the Americans with Disablihias Act and Title 49 of MCA.
The United States Supreme Court offered a ruling this very morning in the
City of Edmonds (WA) case restricting the ability of local municipalities to
enforce zoning conditions based on disability.
Given the potentially significant impact on mentally ill individuals living
throughout the state, it is imperative that these legal issues be researched
further. It Is for this reason that we request a continuance. However, should
your Honor and the Council decline our request for such a continuance, we
must regretfully withdraw our application for a CUP at this time pending further
investigation.
cc. Dan Anderson, Administrator, Mental Health Division, Dept. CHS
Kelly Moorse, Executive Director, Mental Disability Board of Visitors
Jim Haynes, Legal Counsel, Western MT. MHC
FLATHEAD i LAKE + LINCOLN + MINERAL_ = MISSOULA -- RAVALLI = SANDERS
May 12, 1995
Innkeepers of Kalispell
Jim Atkinson
City Council Ward III
RE: Northwest Health Care, Inc.
Planned Unit Development
Innkeepers of Kalispell want to work with Kalispell
Regional Hospital to serve the patients and families
needing to stay in our area. only recently has it come
to our attention that the hospital feels that the needs
of patients, families, and visitors have not been met.
If documentation proves current lodging unable to
properly serve Kalispell Regional Hospital,
consideration should be made at that time to amend the
PUD to include a hotel.
Kalispell Regional Hospital is very important to all of
us and as a coordinated effort we can serve patients,
families, and visitors.
At this time, we strongly oppose amending the PUD to
include a hotel.
im