13. Bauder Bed and Breakfast - Conditional Use PermitCity of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Peggy and Doug Keyser
ADDRESS: 538 5th Avenue East
Kalispell, MT 59901
LEGAL DESCRIPTION: Lots 3, 4, 5 and 6, Block 81, Kalispell
Original located in Section 17, Township 28
North, Range 21 West, P.M.M., Flathead County,
Montana
OWNER: Rebecca C. Bauder
1815 Alamo Avenue
Colorado Springs, CO 80907
ZONE:
Residential, R-3
Peggy and Doug Keyser, on behalf of Rebecca C. Bauder, applied
to the City of Kalispell for a conditional use permit to allow a
bed and breakfast facility on the property described above.
The Kalispell City -County Planning Board and Zoning
Commission, after due and proper notice, on May 14, 1996 held a
public hearing on the application, took public comment and
recommended that the application be approved subject to eighteen
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-96-3 as the Council's findings of fact, and issues and grants
to the above -described real property a conditional use permit to
allow a bed and breakfast facility subject to the following
conditions:
SECTION I.
1. That the development of the site will be in substantial
conformance with the approved site plan, attached as
Exhibit 1. The approved site plan shall govern the
general location of the building, parking, landscaping,
and roadways.
1
2. A minimum of seven parking spaces shall be provided for
the facility, one of which shall be handicapped. The
parking lot shall be paved and the parking spaces
adequately identified.
3. Placement and location of the solid waste receptacles for
pick-up shall be coordinated with the City Public Works
Department.
4. All applicable permits (Certificate of Occupancy, State
Health, Electrical, etc.) and licenses shall be obtained
prior to operation.
5. No more than five rooms shall be provided for overnight
guests at one time and shall be limited to the principal
structure and not extended to any accessory or additional
structure.
6. Room rentals to families or individuals shall not exceed
fourteen consecutive days.
7. The bed and breakfast facility must be accessory to and
contained within the existing single-family dwelling
occupied by the dwelling's owner.
8. The bed and breakfast facility will be subject to a
yearly review by the Zoning Administrator.
9. 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.
10. The bed and breakfast facility must maintain an up-to-
date guest register.
11. 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.
12. 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.
13. 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 these conditions.
14. A freestanding placard or a nameplate, not to exceed
three square feet, attached to the front entryway or gate
of the house with the words "Bed and Breakfast" may be
2
permitted. The sign shall be architecturally harmonious
with the residential structure.
15. 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 non -boarding
customers is permitted. No alcoholic beverages shall be
sold on the premises.
16. No people, other than the residents of the dwelling, may
be employed or otherwise assist in the operation of a bed
and breakfast facility.
17. 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 18
months from the date of issuance if commencement of the
authorized activity has not begun.
Dated this day of
STATE OF MONTANA i
: ss
County of Flathead
, 1996.
Douglas D. Rauthe, Mayor
On this day of , 1996, before me, a
Notary Pubic, 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
3
a
-t:, -leo``s'
w t '�
�
o
A7
14Y
3*
6th STREET EA sr
l�
' a
Free{
�•-
tTT`�
L
y
.Q„
�
z
td-t. t
Flathead Regional Development Office
723 5th Avenue East - Room 414
Kalispell, Montana 59901
May 22, 1996
Al Thelen, Interim City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
Re: Rebecca C. Bauder (Keith House) -
Conditional Use Permit for a Bed and Breakfast
Dear Al:
Phone: (406) 758-5980
Fax: (406) 758-5781
The Kalispell City -County Planning Board and Zoning Commission held a public hearing at their
regular meeting of May 14, 1996 at 7:00 p.m. in Kalispell City Council Chambers on the
following agenda item:
A request by Peggy and Doug Keyser on behalf of Rebecca C. Bauder for a
conditional use permit to allow a bed and breakfast facility on property which is
located in an R-3, Residential, zoning district. The R-3 district allows bed and
breakfasts as a conditionally permitted use. The bed and breakfast will be in an
existing residence located at 538 Fifth Avenue East, known as the "Keith House."
The property can be further described as Lots 3, 4, 5, and 6, Block 81, Kalispell
Original located in Section 17, Township 28 North, Range 21 West, P.M.M.,
Flathead County, Montana.
A staff report was presented by Narda Wilson of the Flathead Regional Development Office who
recommended approval of the proposal subject to eighteen conditions. Narda noted that the
house is a "significant element" in the East Side Historic District, and that the fine, old turn of
the century mansion is on the National Register of Historic Places. She described the meticulous
restoration and rehabilitation efforts that the current property owners are doing, which are in
accordance with the Historical Society's guidelines. The main floor of the home will be used
as a common area, the middle floor for the bed and breakfast rooms and the third floor as living
quarters for the owners.
At the public hearing, the property owners spoke in favor of the proposal and briefly described
how they had acquired the home and their future plans. Two property owners in the area wrote
in favor of the proposal noting that the work that was being done on the home would enhance
property values and enhance the neighborhood integrity. No further public testimony was given.
The Board discussed the proposal and commended the applicants and property owners for the
work they have done on the home and the valuable contribution they will make to the community
as a whole.
Providing Community Planning Assistance To:
• Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish •
Al Thelen, Interim City Manager
City of Kalispell
Re: Rebecca C. Bauder (Keith House) -
Conditional Use Permit for a Bed and Breakfast
May 22, 1996
Page 2
The Planning Board adopted FRDO Report #KCU-96-03 as findings of fact and voted
unanimously to recommend to the Council that the conditional use permit be granted with the
recommended conditions.
Attachment A lists the conditions of approval as recommended by the Planning Board. This
recommendation is forwarded to City Council for the May 28, 1996 work session and
subsequent June 3, 1996 regular City Council meeting for final action on the conditional use
permit.
Please contact this Commission or Narda Wilson at the Flathead Regional Development Office
if you have any questions.
Respectfully submitted,
KALISPELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
Therese Fox Hash
President
TFH/NW/dh
Attachments: Attachment A
FRDO Report #KCU-96-03 and packet
Draft minutes from the 5/14/96 Planning Board meeting
cw/Att. A: Rebecca C. Bauder, 1815 Alamo Avenue, Colorado Springs, CO 80907
Doug and Peggy Keyser, 538 Fifth Avenue East, Kalispell, MT 59901
Building Dept., 348 Third Avenue East, Kalispell, MT 59901
H: \... \ 1996\KCU96-3. TRM
ATTACHMENT A
CONDITIONS OF APPROVAL FOR
KEITH HOUSE CONDITIONAL USE PERMIT
The Kalispell City -County Planning Board forwards a recommendation for approval of the
request for a conditional use permit for the Keith House Bed and Breakfast located at 538 Fifth
Avenue East subject to the following conditions:
1. That the development of the site will be in substantial conformance with the approved
site plan, attached as Exhibit 1. The approved site plan shall govern the general location
of the building, parking, landscaping, and roadways.
2. A minimum of seven parking spaces shall be provided for the facility, one of which shall
be handicapped. The parking lot shall be paved and the parking spaces adequately
identified.
3. Placement and location of the solid waste receptacles for pick-up shall be coordinated
with the City Public Works Department.
4. All applicable permits (Certificate of Occupancy, State Health, Electrical, etc.) and
licenses shall be obtained prior to operation.
5. No more than five rooms shall be provided for overnight guests at one time and shall be
limited to the principal structure and not extended to any accessory or additional
structure.
6. Room rentals to families or individuals shall not exceed fourteen consecutive days.
7. The bed and breakfast facility must be accessory to and contained within the existing
single-family dwelling occupied by the dwelling's owner.
8. The bed and breakfast facility will be subject to a yearly review by the Zoning
Administrator.
9. 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.
10. The bed and breakfast facility must maintain an up-to-date guest register.
11. 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.
1
12. 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.
13. 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 these conditions.
14. A freestanding placard or a nameplate, not to exceed three square feet, attached to the
front entryway or gate of the house with the words "Bed and Breakfast" may be
permitted. The sign shall be architecturally harmonious with the residential structure.
15. 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 non -boarding customers is permitted. No alcoholic beverages
shall be sold on the premises.
16. No people, other than the residents of the dwelling, may be employed or otherwise assist
in the operation of a bed and breakfast facility.
17. 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.
18. The conditional use permit shall terminate 18 months from date of issuance if
commencement of the authorized activity has not begun.
2
r
z
�
6th STREET EAST
FLATHEAD REGIONAL DEVELOPMENT
CONDITIONAL USE PERMIT STAFF R*i ►,
PEGGY AND rig behalfBAUDER
MAY 6, ,,
A report to the Kalispell City -County Planning Board and Zoning Commission and the City
Council regarding a request by Peggy and Doug Keyser on behalf of Rebecca C. Bauder for a
Conditional Use Permit to allow a bed and breakfast in an R-3, Residential, zoning district. A
public hearing before the Planning Board has been scheduled for May 14, 1996, with a
recommendation to be forwarded to the Kalispell City Council for final action.
BACKGROUND INFORMATION
A. Omer/ Applicant:
Rebecca C. Bauder
1815 Alamo Avenue
Colorado Springs, CO. 80907
(719)630-3949
Peggy and Doug Keyser
538 Fifth Avenue East
Kalispell, MT 59901
(406)752-7913
B. Size and Location:
The property is located at the northwest comer of Fifth Avenue East and Sixth Street
East in Kalispell and is part of the Kalispell's East Side Historic District.
The property address is 538 Fifth Avenue East and is actually comprised of four parcels
for a total of approximately 30,000 square feet. The property can be described as Lots
3, 4, 5 and 6, Block 81 of Kalispell Original Townsite located in Section 17, Township
28 North, Range 21 West, P.M.M., Flathead County, Montana.
C. Nature of Request and Background Information:
The applicants are requesting to operate a bed and brea�fast from an existing residence
The residence is known as the "Keith House," a three story brick mansion designed in
1910 and built in 1911. In 1992 an Historical and Architectural Inventory was done by
Kathy McKay with various funding sources provided through the State Historical Society.
This inventory established the East Side and West Side Historic Districts. This residence
is considered to be a "primary element" in the East Side Historic District, and is listed
on the National Register of Historic Places. The home is considered one of the finest
examples of the work of Kalispell architect Marion Riffo. Information from the
Historical and Architectural Inventory relating to the Keith mansion is included as an
attachment to this report.
The current property owners have undertaken the restoration and rehabilitation of this
fine, old home in accordance with the guidelines set by the National Register of Historic
Places. Working within these guidelines requires a commitment to maintaining the
historic and architectural integrity of the home by using specific materials and methods
in the rehabilitation process.
In 1992 the Planning Board and City Council granted a conditional use permit for the
home for a bed and breakfast which was issued to Sheryl Getman, daughter of the
previous owner Shirley Loutherback. It appears that the bed and breakfast was operated
for approximately one year or so' The house has since been vacant and deteriorating
badly primarily due to water damage.
The current property owners undertook their restoration and rehabilitation efforts in the
fall of 1995, and anticipate they will have completed the project in spring of 1997. In
spring of 1997, they plan to open the bed and breakfast operation.
As previously mentioned, this is a three story house. The bottom floor is proposed to
be used primarily as a common area which includes a large parlor, library, reception
room and dining room. Additionally, there will be a bedroom and bathroom designed
.to be handicapped accessible on the main floor.- The middle floor will have five
bedrooms with individual bathrooms to be used for the bed and breakfast operation. The
third floor, which was previously a ballroom, has been converted into the master
bedroom which will be used exclusively by the owners. It is the intent of the property
owners to limit the total number of guest rooms available at any one time to five.
D. Existing Zoning and Land Use:
This property is zoned R-3, a Residential zoning district which allows bed and breakfasts
as a conditionally permitted use under Section 27.06.030(1) of the Kalispell Zoning
Ordinance. Currently the property is undergoing major restoration and rehabilitation,
while the property owners' brother and sister-in-law are living on the third floor and
overseeing the operations.
E. Surrounding Land Use and Zoning:
Many of the homes in this area are of significance to the East Side Historical District and
were built at the turn of the century at a time when an "eclectic" architectural style was
popular, a mix of styles from previous periods as well as "new" Prairie and Craftsman
VA
styles of architecture. The Historical and Architectural Inventory available at the
Flathead County Library details the specific homes in the area and their historical
significance as well as architectural style.
North: Property to the north is zoned R-3 and has a single family home.
South: There is R-3 zoning to the south and single family homes.
East: The property to the east is zoned R-3, and distinctive Prairie style home.
West: The property to the west is zoned R-4, and is primarily single family
homes.
F. Master Plan Designation:
The Master Plan designates this area as Urban Residential with a maximum density of
eight dwelling units per acre, however, nearly all of these properties have been
developed. Some of the homes in the area have been converted into duplex units. This
proposal can be considered to be in substantial compliance with the Master Plan.
G. Utilities/Services:
Sewer and sewer:
Solid Waste:
Gas:
Electric:
Phone:
Police:
Fire:
Schools:
H. Evaluation of the Request:
1. Site Suitability:.
City of Kalispell
City of Kalispell
Montana Power Company
Pacific Power (underground)
PTI (underground)
City of Kalispell
City of Kalispell
School District #5
a. Adequate Useable Space: These four parcels were developed at the turn of the
century and no additional expansion to the home is proposed. The applicants do
plan on placing an addition to the existing garage which is currently under review
by the City of Kalispell's Building Department.
b. Adequate Access: Access to the property is from Fifth Avenue East and Sixth
Street East by way of existing driveways. The alley to the west is not used for
access to the property. Adequate access currently exists.
3'
C. Environmental Constraints: There are no apparent environmental constrains
associated with the property such as floodplain, seismic activity or ponding water.
2. Appropriate Design:
a. Building_ Orientation: This building is oriented facing east and no structural
modifications will be made to change the exterior of the home.
b. Parking Scheme: Section 27.35.020 of the Kalispell Zoning Ordinance provides
specific conditional use permit requirements for bed and breakfasts. Parking
requirements are one parking space for each room, plus one for the resident
owner. For this proposal, the property owners would be required to provide a
total of seven parking spaces. According to the application, the property owners
intend to provide four parking spaces along the south side of the property which
will be paved with asphalt as well as two parking spaces in the proposed three car
garage either inside or is front. Additionally, there will be parking for the
residents in the existing garage and the proposed garage addition totaling a
maximum of eight parking spaces. The parking and driveway are proposed to be
paved with asphalt.
C. Traffic Circulation: Traffic will enter the property either from Sixth Street East
or from Fifth Avenue East. There is a circle driveway and parking area along
the western portion of the property. Traffic circulation appears to be good.
d. OnenSpace: No specific open space is required under the zoning ordinance,
however, this residence occupies four parcels and easily meets the current setback
requirements of the district.
e. Fencinig/Screening/Landscaping: Existing mature landscaping in the way of
shrubs, trees and lawn are on the property. There is some fencing along the
northern boundary of the property. No additional fencing, screening or
landscaping is proposed or appears necessary.
f. Si nape: A small placard sign from the National Register of Historic Places is
proposed next to the doorbell along with a placard "The Keith House Bed and
Breakfast" placard on the upper lawn which will be designed in conformance with
the specifications of the zoning ordinance.
3. Availability of Public Services/Facilities:
a. Schools: - This development is within the. boundaries of School District #5.
However, no substantial impact on the school district can be anticipated as a
result of this use.
4
b. Parks and Recreation: Woodland Park, Conrad Mansion and other park facilities
are in the nearby area and within walking distance. Park facilities are adequate
and this proposal will create minimal impact.
C. Police: The Kalispell Police Department can adequately respond to emergency
situations at the complex.
d. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department who have reviewed this proposal and believe they could provide
adequate service in the case of a fire.
e. Water/Sewer: City water and sewer is currently provided to the residence.
g. Solid Waste: The City of Kalispell will provide solid waste pick-up for the
facility. Location of the receptacle should be coordinated with the City Public
Works Department.
s
h. Roads: Minimal additional traffic can be anticipated to be generated from this
use onto the streets in the area. Any additional traffic which will be generated
will be able to be accommodated with the existing roadways.
4. Immediate Neighborhood Impact: Potential for an insignificant increase in traffic in the
neighborhood can be anticipated. There should not be a significant impact with regard
to noise or other disturbing elements.
5. Immediate Neighborhood Integrity: The current restoration and rehabilitation of this
historically significant home will make a positive contribution to the neighborhood as
well as the community as a whole.
6. Impact on Property Values: By making the major investment involved in the restoration
and rehabilitation of this fine old mansion, property values in the area.will be maintained
and enhanced.
REACTION OF NEARBY PROPERTY OWNERS
A notice of public hearing was mailed to property owners within 150 feet of the subject property
approximately 15 days prior to the hearing. At the writing of the staff report, no comments had
been received by the staff.
SU14MARY OF FINDD;GS
The proposed bed and breakfast is a conditionally permitted use in the R-3, Residential zoning
district and is in compliance with the guidelines and special conditions outlined in the zoning
ordinance. The restoration and rehabilitation of this historically significant building will make
a positive contribution to the community. Adequate parking, open space, landscaping and access
are proposed for the bed and breakfast facility. Property values and neighborhood integrity will
be enhanced by the restoring of this beautiful old home to its previous grandeur.
k
MaLlIaturar
It is recommended that the Kalispell City -County Planning Board and Zoning Commission adopt
staff report #KCU-96-3 as findings of fact and recommend that the City Council grant the
Conditional Use Permit, subject to the following conditions:
1. That the development of the site will be in substantial conformance with the approved
site plan. The approved site plan shall govern the general location of the building,
parking, landscaping, and roadways.
2. A minimum of seven parking spaces shall be provided for the facility, one of which shall
be handicapped. The parking lot shall be paved and the parking spaces adequately
identified.
3. Placement and location of the solid waste receptacles for pick-up shall be coordinated
with the City Public Works Department.
4. All applicable permits (Certificate of Occupancy, State Health, Electrical, etc.) and
licenses shall be obtained prior to operation.
5. No more than five rooms shall be provided for overnight guests at one time and shall be
limited to the principal structure and not extended to any accessory or additional
structure.
44ti-,,re,
6. Room rentals to families or individuals shall not exceed fourteedays.
7. The bed and breakfast facility must be accessory to and contained within the existing
single-family dwelling occupied by the dwelling's owner.
8. The bed and breakfast facility will be subject to a yearly review by the Zoning
Administrator.
9. 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.
10. The bed and breakfast facility must maintain an up-to-date guest register.
11. 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 Iodgers.
12. 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.
13. 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 these conditions.
b .
14. A freestanding placard or a nameplate, not to exceed three square feet, attached to the
front entryway or gate of the house with the words "Bed and Breakfast" may be
permitted. The sign shall be architecturally harmonious with the residential structure.
15. 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 non -boarding customers is permitted. No alcoholic beverages
shall be sold on the premises.
16. No people, other than the residents of the dwelling may be employed or otherwise assist
in the operation of a bed and breakfast facility.
17. 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.
18. The conditional use permit shall terminate 18 months from date of issuance if
commencement of the authorized activity has not begun.
F: \FRDO\... \KCU96-04. RPT
7
I
0