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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