I5. CUP - Cahoon TownhousesPLANNING FOR THE FUTURE
M01UANA
REPORT TO: Doug Russell, City Manager" K?
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
SUBJECT: KCU-16-03 — Conditional Use Permit (CUP) for four (4) townhomes
MEETING DATE: July 5, 2016
BACKGROUND: This is a request from Angela Cahoon for a conditional use permit to construct
four (4) townhomes within the R-4 (Residential) Zoning District, per Section 27.07.030 of the
Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and townhouse
development, limited to two (2) attached units as a permitted use. Three (3) or more attached
townhouses require a conditional use permit to analyze the compatibility with the surrounding
neighborhood. Currently the property is developed with a single-family residence. Developing the
property would include the demolition of the existing residence and detached garage. The property
owner will need to connect to city sewer and water, which are in the vicinity of the property.
Individual service line extensions are required in order to serve the townhomes.
The subject property is located at 1221 6th Street West. The property can be legally described as Tract
5DT in Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County,
Montana.
The Kalispell Planning Board held a duly noticed public hearing June 14, 2016, to consider the
application request. Staff presented staff report KCU-16-03 providing details of the proposal and
evaluation. Staff reported that the proposed CUP was compatible with the zoning, the growth policy,
and the applicant has met the burden of proof requirements. Staff recommended that the Planning
Board adopt the staff report as findings of fact, and recommend to the City Council that the CUP be
approved, subject to six (6) conditions.
During the public comment portion of the hearing, the applicant spoke regarding the CUP request.
Additionally, three members of the general public spoke regarding the CUP request. The public had
concerns that four (4) units were too many for the subject property. They felt that four units would
create a parking and traffic issue along 6th Street West. Separately, one member brought to the
Board's attention that there was a pending lawsuit between himself and the applicant. He felt the
Board should not be taking any action at this time, as the lawsuit had not been resolved. There being
no other public testimony the public hearing was closed. A motion was presented to adopt staff
report KCU-16-03 as findings of fact, and recommend to the Kalispell City Council that the CUP be
approved, subject to conditions.
The Board discussed the pending lawsuit, at which time staff informed them that there was not an
injunction and they could proceed on the merits of the application request. Board discussion
concluded that moving forward on the merits was appropriate, with the understanding that the city
attorney would review the pending lawsuit, prior to sending the application to the City Council. The
Board also discussed parking, at which time a motion was presented to add a condition that would
require a minimum of three parking spaces (total of 12) for each unit. Board discussion concluded
that the addition of a condition for more parking was not appropriate, and upon roll call vote the
motion failed by a vote of 1 in favor and 4 opposed. Further discussion concluded that the CUP was
appropriate, and the original motion passed unanimously on roll call vote.
RECOMMENDATION: It is recommended that the City Council approve Conditional Use Permit
KCU-16-03, with the six (6) conditions of approval.
FISCAL EFFECTS: Approval of the request would have minimal fiscal impact to the City.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Grant of Conditional Use
CUP Staff Report KCU-16-03
Minutes of the June 14, 2016, Kalispell Planning Board with written public
comment attached
Application Materials
Cossitt Correspondence regarding application
c: Aimee Brunckhorst, Kalispell City Clerk
Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59901
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Angela Cahoon
1272 Wildcat Drive
Columbia Falls, MT 59912
(406) 212-0726
LEGAL DESCRIPTION: Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana.
ZONE: Residential, R-4
The applicant has applied to the City of Kalispell for a conditional use permit to construct four (4)
townhouse units on an existing lot located at 1221 6th Street West, Kalispell, Montana in the R-4
zoning district.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
June 14, 2016, held a public hearing on the application, took public comment and recommended the
application be approved subject to six conditions.
After reviewing the application, the record, the KPD report, and after duly considering the
matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby
adopts Kalispell Planning Department Conditional Use Report #KCU-16-03 as the Council's
findings of fact, and issues and grants to the above -described real property a conditional use permit
to construct four (4) townhouse units on an existing lot located at 1221 6th Street West, Kalispell,
Montana in the Residential, R-4 zoning district subject to the following conditions:
That commencement of the approved activity must begin within 18 months from the date of
authorization or that a continuous good faith effort is made to bring the project to completion.
2. Final designs for storm water management, water service, water meter placement, and sanitary
sewer service for each townhouse that comply with Kalispell's Standards for Design and
Construction shall be submitted for review and approval by the City of Kalispell Public Works
Department prior to construction.
3. Each townhouse unit is required to have individual sewer and water service line connections.
The sewer and water service lines shall be reviewed and approved by the Kalispell Public
Works Department prior to construction. City permits required for driveway and service
connections within the public right-of-way shall be obtained prior to construction.
4. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and
Design Standards along 6th Street West the length of the property.
5. A letter from the Kalispell Public Works Department shall be submitted to the Kalispell
Building Department stating that all new infrastructure has been accepted by the City of
Kalispell.
6. Prior to any work within the public right-of-way, the property/owner will work with the Parks
Superintendent to establish tree protection zones and file a permit for any tree removals with
the Parks and Recreation Department.
Dated this 5th day of Jam, 2016.
Mark Johnson
Mayor
STATE OF MONTANA
ss
County of Flathead
On this day of , 2016, before me, a Notary Public, personally
appeared Mark Johnson, 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
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-16-03
May 19, 2016
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding
a request for a conditional use permit for the construction of four townhouse units at
1221 61h Street West. A public hearing on this matter has been scheduled before the
Planning Board for June 14, 2016, beginning at 6:00 PM, in the Kalispell City Council
Chambers. The Planning Board will forward a recommendation to the Kalispell City
Council for final action.
A. BACKGROUND INFORMATION:
Owner/Applicant: Angela Cahoon
1272 Wildcat Drive
Columbia Falls, MT 59912
(406) 212-0726
Location: The subject property is located at 1221 61h Street West. The property can be
legally described as Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 21
West, P.M.,M., Flathead County, Montana.
Size: The subject property is approximately 19,700 square feet or .45 acres in size.
Summary of Request: A request for a conditional use permit to construct four (4)
townhomes within the R-4 (Residential) Zoning District per Section 27.07.030 of the
Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and
townhouse development limited to two (2) attached units as a permitted use. Three (3)
or more attached townhouses require a conditional use permit to analyze the
compatibility with the surrounding neighborhood. Currently, the property is developed
with a single-family residence and detached garage. Developing the property would
include the demolition of the existing residence and garage. The property owner will
need to connect to city sewer and water, which are in the vicinity of the property.
Individual service line extensions are required in order to serve the townhomes.
Figure 1: Site Plan
Existing Land Use and Zoning: The property is developed with a single-family
residence and detached garage.
Figure 2: Existing Residence
The property is located within the R-4 (Residential) Zoning District. The Kalispell
Zoning Ordinance describes the intent of this district:
"This district is comprised of primarily single-family and duplex
dwellings. Development within the district will require all public utilities,
and all community facilities. This zoning district would typically be
found in areas designated as urban residential on the Kalispell Growth
Policy Future Land Use Map."
Adjacent Zoning: The existing zoning and land uses of the land surrounding the
subject property are as follows:
West:
R-4
North:
R-4
East:
R-4
South:
R-4
Adjacent Land Uses:
West: single-family homes (including townhomes) and multi -family
North: single-family homes
East: single-family homes (including townhomes)
South: single-family homes
Relation to the Growth Policy: The subject property is within the Urban Residential
land use category, which is the basis for the R-4 Zoning. The Growth Policy 2020 states
that townhomes are an anticipated form of housing within the Urban Residential land
use category where adequate services and facilities are available. City services including,
sewer, water and streets are in the vicinity and available to the subject property.
Utilities/Services: Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #5, Kalispell
B. EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria
in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the
3
proposal, as submitted, conforms to all of the following general conditional use permit
criteria, as well as to all other applicable criteria that may be requested:
1. Site Suitability:
a. Adequate Useable Space: The minimum lot area required in the R-4 Zone
is 6,000 square feet. The R-4 Zoning allows for 2 attached townhouses as a
permitted use. Accordingly, four units as proposed would require a
minimum of 12,000 square feet (2 units per 6,000 square feet). The subject
property is approximately 19,700 square feet meeting the minimum lot size
required for the number of units being proposed. The property also has flat
topography leaving the entire site buildable.
b. Height, bulk and location of the building: Building height will not exceed
the R-4 height restriction of 35' tall from bottom of finished floor to roof
ridgeline. The structures will also meet the minimum required setbacks and
lot coverage requirements for development within the R-4 Zone. The R-4
Zone requirements give due consideration to the height, bulk and location of
the proposed townhomes.
C. Adequate Access: The townhomes will be gaining their access via 61h Street
West. 6th Street West is an improved City street providing adequate access
to the townhomes. There is also an improved City alleyway located north of
the property that can be used for access purposes.
d. Environmental Constraints: There are no known environmental
constraints, such as steep slopes, streams, floodplains, or wetlands, on the
property which could affect the proposed use.
2. Appropriate Design:
a. Parking Scheme/Loading Areas: Each townhome unit will have two off-
street parking spaces as required by Chapter 27.24 of the Kalispell Zoning
Ordinance.
b. Lighting_ Chapter 27.26 of the Kalispell Zoning Ordinance sets standards
for all outdoor lighting for residential structures.
C. Traffic Circulation: The townhouses will gain their access from 6th Street
West, an improved city street. 6th Street West connects to a network of
streets in the vicinity, providing adequate traffic circulation.
d. Open Space: The proposed townhouses will meet the setbacks and lot
coverage requirements of the R-4 Zone, which provides for open spaces
around the units. No additional open space is required for the proposed
project.
rd
e. Fencing/ Screening/ Landscapin : The landscaping will be grass/sod. There
are existing mature trees on the property that may be affected by the new
construction. Fencing for the units will have to comply with Section
27.20.040 of the Kalispell Zoning Ordinance.
f. Signage: There will be no signage associated with the townhomes.
3. Availability of Public Services/Facilities:
a. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed single-
family use.
b. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. There is adequate access to the property from the public road
system and the townhouses will be constructed to meet current building
and fire code standards for building and access.
C. Water: City of Kalispell water infrastructure is within 6th Street West south
of the subject property. The developer will be required to pay the cost for
additional service line connections for the each of the four units.
d. Sewer: City of Kalispell sewer infrastructure is located within the alleyway
north of the subject property. The developer will be required to pay the cost
for additional service line connections for the each of the four units.
C. Storm Water Drainage: Storm water runoff from the site shall be managed
and constructed per the City of Kalispell Construction and Design
Standards. Prior to receiving a building permit the developer will need to
submit a construction storm water management plan to the Public Works
Department. This plan will need to show how storm water will be treated
and where it will be directed during construction activities.
f. Solid Waste: Solid waste pick-up will be provided by the City of Kalispell.
g. Streets: The proposed townhomes front 6th Street West, which is an
improved public street. 61h Street West connects to a network of city streets
that provide adequate circulation to and from the property.
h. Sidewalks: No sidewalks exist along 6th Street West in front of the property.
Sidewalks will be required to be constructed per the City of Kalispell
Construction and Design Standards along 6th Street West the length of the
property.
i. Schools: This site is within the boundaries of School District #5. A very
minor impact to the district may be anticipated from the proposed
townhouses depending on the demographics of the residents. On average
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two students K-12 would be anticipated from four dwelling units.
j. Parks and Recreation: There should be no significant increase in demand
on the parks and recreation programs and facilities as a result of this use.
No additional parkland is required form the proposed townhomes.
4. Neighborhood impacts:
a. Traffic: Four townhomes will not have a significant impact on the traffic
generated in the area. It is anticipated that each of the four residential units
will produce approximately 9.57 trips ends/day (Per ITE trip generation
model). The four units would generate approximately 29 net (already one
residence of property) trips per day. The width and quality of 6th Street West
is more than adequate to handle the additional traffic load.
b. Noise and Vibration: Other than during construction, the townhomes will
not create any objectionable noise and vibration beyond what would
normally be associated with a single-family residence.
C. Dust, Glare, and Heat: Other than during construction, the townhomes will
not create any objectionable dust, glare, and heat beyond what would
normally be associated with a single-family residence.
d. Smoke, Fumes, Gas, or Odors: Other than during construction, the
townhomes will not create any objectionable smoke, fumes, gas, or odors
beyond what would normally be associated with a single-family residence.
e. Hours of Operation: Hours of operation does not apply to this project since
it is for townhomes. If a home based occupation were to occur the residents
would have to comply with the home based occupation section of the zoning
ordinance, outlined in Section 27.20.060.
5. Consideration of historical use patterns and recent changes: The area is a
mix of single-family residences including townhouses and multi -family
developments on small lots. The subject property is developed as more of a
ranch home on a large lot compared to others in the vicinity. Development of the
property with the four townhomes would be more in line with the surrounding
developments. More intensive townhouse development exists directly to the west
and east of the property. The R-4 Zoning of the project site and the Urban
Residential land use designation anticipates this kind of townhouse
development.
6. Effects on property values: Currently, the existing residence is in disrepair and
will be demolished. Replacing the existing structure with four (4) new units will
create more value to the property than the existing residence. Accordingly, it is
anticipated that property values will increase with the development of the
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townhomes.
C. RECOMMENDATION
The staff recommends that the Planning Board adopt staff report #KCU-16-03 as
findings of fact and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the following conditions:
CONDITIONS OF APPROVAL
1. That commencement of the approved activity must begin within 18 months from
the date of authorization or that a continuous good faith effort is made to bring the
project to completion.
2. Final designs for storm water management, water service, water meter placement,
and sanitary sewer service for each townhouse that comply with Kalispell's
Standards for Design and Construction shall be submitted for review and approval
by the City of Kalispell Public Works Department prior to construction.
3. Each townhouse unit is required to have individual sewer and water service line
connections. The sewer and water service lines shall be reviewed and approved
by the Kalispell Public Works Department prior to construction. City permits
required for driveway and service connections within the public right-of-way
shall be obtained prior to construction.
4. Sidewalks, curb and gutter shall be constructed per the City of Kalispell
Construction and Design Standards along 6th Street West the length of the
property.
5. A letter from the Kalispell Public Works Department shall be submitted to the
Kalispell Building Department stating that all new infrastructure has been
accepted by the City of Kalispell.
6. Prior to any work within the public right-of-way, the property/owner will work
with the Parks Superintendent to establish tree protection zones and file a
permit for any tree removals with the Parks and Recreation Department.
7
KALISPELL CITY PLANNING BOARD & ZONING COMMISSION
MINUTES OF REGULAR MEETING
JUNE 14, 2016
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Board
members present were: Charles Pesola — Acting President, Rory
Young, Steve Lorch, and Doug Kauffman; Ronalee Skees took
her seat at 6:20 p.m. Chad Graham and Christopher Yerkes were
absent. Tom Jentz, Jarod Nygren and PJ Sorensen represented the
Kalispell Planning Department.
APPROVAL OF MINUTES
Kauffman moved and Young seconded a motion to approve the
minutes of the May 10, 2016 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote by acclamation.
PUBLIC COMMENT
None.
CAHOON CONDITIONAL
A request from Angela Cahoon for a conditional use permit to
USE PERMIT
construct four (4) townhomes within the R-4 (Residential) Zoning
District which allows single-family, duplex and townhouse
development limited to two (2) attached units as a permitted use.
Three (3) or more attached townhouses require a conditional use
permit to analyze the compatibility with the surrounding
neighborhood. Currently, the property is developed with a single-
family residence and located at 1221 6th Street West.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Department
reviewed the staff report for the board.
Nygren said this request is for a conditional use permit for four
attached townhomes. The property is located at 1221 61h Street
West, which is just east of Meridian Road. The surrounding land
uses consist of single-family, townhome development, and multi-
family. The subject property is currently developed with a single-
family residence with a detached garage and is approximately one-
half acre in size. The property will be divided into four sublots, for
the proposed townhomes.
Nygren added individual sewer and water lines will be required for
each unit and he described the current location of these services.
Sidewalks will also be required on the south side of the property
along 61h Street West. The units will be approximately 1650 square
feet each, two -stories with a single car garage.
Nygren reviewed the surrounding zoning and noted the growth
policy is Urban Residential which anticipates townhomes as a
form of housing when adequate facilities are available. Nygren
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page I 1
reviewed photos of the property and noted that the residence,
garage and possibly some trees will have to be removed from the
property along 61h Street West. Any trees removed will be replaced
according to the requirements of the city's Parks & Recreation
Department.
Nygren stated two public comment letters have been received that
both indicate that parking and traffic could be an issue in the area.
Nygren clarified that the development includes two off-street
parking spaces for each unit meeting the city's parking
requirements. No access off the alley -way is currently being
proposed.
Staff recommends that the Kalispell Planning & Zoning
Commission adopt staff report #KCU-16-03 as findings of fact
and recommend to the Kalispell City Council that the conditional
use permit be approved subject to the six conditions in staff report.
BOARD DISCUSSION Young asked about the alley access and Nygren clarified there is
no vehicle access onto the alley currently proposed. However there
wouldn't be anything that would prohibit that access in the future.
Kauffman asked if a garage could potentially be constructed off
the alley and Nygren said yes.
Lorch asked if there is R-2 zoning to the east and Nygren indicated
the closest zone is RA-1, which is quite a distance from this
property. He added the zoning of this property and surrounding
zoning is R-4.
Kauffman asked if this is the first step before a preliminary plat
would come to the table and Nygren stated a plat would not be
required because townhouse subdivisions are exempt. The
conditional use permit is required because they are 3 or more
attached units. Nygren explained further.
PUBLIC HEARING Valerie Poston, 1120 5`° Street West stated she lives across the
street from this proposed development. Poston said her concern is
the number of townhouses because the area is already extremely
busy with traffic from the high school and Peterson & Elrod
schools. She is nurse at the hospital and not only is she concerned
with safety but also the additional traffic four townhouses would
generate. There are busses that also use 61h Street and there are no
sidewalks from Meridian to the high school. She asked why some
of the parking can't be put in the back of these residences.
Jim Cossitt, 1231 6th Street West stated he owns 1229 & 1231 6th
Street West which means that he owns '/2 of the subdivision that is
known as 6th Street West Townhouses. Cossitt distributed 4 sets
of his written comments to the board. His initial concern with this
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page 12
application is there is a serious problem with non -disclosure and
good faith. He explained the law suit he filed against the prior
owners and the Lis Pendens he filed naming Angela Cahoon and
the City of Kalispell as defendants. Copies of these documents
are attached to these minutes.
Cossitt noted that the filing of a Lis Pendes puts the public on
constructive notice of matters that affect either title or right to
possession of real estate. He added when he recorded the Lis
Pendes he claimed an interest to the title of that real estate. When
Angela Cahoon bought this property she took title via a Warranty
Deed on 4/22/16, knowing that there was a law suit pending, and
filed the application for the conditional use permit without
disclosing this.
Cossitt provided the board clerk with a copy of the Lis Pendes
(copy attached to these minutes). He said it is inappropriate for the
Kalispell Planning Department (Board) or the Kalispell City
Council to continue consideration of this application without his
affirmative consent, without dismissal of the law suit, or without a
judicial determination of the merits of the law suit. He added the
city had constructive notice and failed to search the land records.
Cossitt reviewed his written comments on the staff report for the
board. (Copy attached to these minutes). He added if the board
recommends approval of the conditional use permit he urges the
board to adopt a condition that requires that the side yards or the
setbacks be more in the neighborhood of 10 — 12 feet, not the 5
feet required.
Angela Cahoon, 127 Wishart Road, Columbia Falls stated she
recently finished a subdivision in Columbia Falls with these same
units and she is very proud of them. She thought this property at
1221 6th Street West in Kalispell was a great investment and she
innocently purchased the property. At closing the title company
did make her aware that there was a Lis Pendens against this
property, however she has never spoken to Mr. Cossitt, and the
title company assured her that the reason for the Lis Pendens was
due to the fact that there was a tree on the property line that has
been an issue. She agreed to purchase the property and has since
contacted a dangerous tree removal service to remove the tree and
she is hopeful that this would settle the matter. Cahoon
apologized as one of the workers did some work before 7:00 a.m.
and she added it will not happen again. Cahoon introduced the
project manager, Mark Cahoon.
Mark Cahoon, 127B Wishart Road, Columbia Falls stated they
completed a subdivision in Columbia Falls with this same type of
townhouses and if any one has any concern about his conduct or
honesty please contact the City of Columbia Falls. They have
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page 13
been 100% open and have not tried to hide anything. Cahoon said
they have already mowed the grass a few times and just got
cleared to finish the asbestos removal so now they can go ahead
and demolish the garage and the house. He has tried to contact
Mr. Cossitt as they want to get along with the neighbors.
As far as the trees go they were told if the tree had to be removed
they would have to replace it, and they have agreed to that.
Cahoon noted that Angela Cahoon did buy the property.
Cahoon noted that the person who started the work before 7 a.m.
was from Habitat for Humanity as the Cahoons' had offered to let
them recycle some of the materials from the site. He added each
townhouse will be a different color, about 1650 square feet w/3
bedrooms and 2-1/2 baths. He described the parking at the
Columbia Falls project where they added an additional parking
spot in front, providing 3 off-street spots in exchange for
vegetation between the units, and he noted it did alleviate some of
the parking on the street. They are open for any suggestions to
make this project work well.
Cindy Buckalew stated that she owns 1215 & 1217 - 6th Street
West and she doesn't have a problem with them building there but
she does have a problem with that many units. If the garages are
going to be in the front it doesn't really leave any room for guest
parking and that will overflow into the street. Sixth street is a
through street and is a race track from Meridian Road to 51h
Avenue. The street and alley are in poor condition and she has
called the city without much response.
Cossitt said not -with -standing the concerns he has expressed he is
pleased someone has stepped up to the plate and committed capital
to develop this property on 6th Street West. It will enhance his
property values. However he feels it is appropriate that they
resolve their squabble with him first. He also shares the concerns
about the density and the traffic that was mentioned.
MOTION Lorch moved and Kauffman seconded a motion to adopt Staff
Report KCU-16-03 as findings of fact and recommend to the
Kalispell City Council that the conditional use permit be approved
subject to the six conditions in staff report.
BOARD DISCUSSION Lorch said there is an elephant in the room and he doesn't feel that
the board has any business discussing the lawsuit. Lorch
suggested the board review the application for the conditional use
permit on its merits. The city's attorney will have a chance to
review the issues and will advise the planning staff on whether the
application should be moved forward to the city council.
Young asked if the board should ask the staff for additional
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page 14
information that is not a part of the staff report and Pesola said his
initial thought was to table the application to allow the staff to
review the options and then come back for an initial vote.
Kauffman agreed.
Jentz suggested that a Lis Pendens is a pending action. There is no
injunction and nothing stopping the board from taking action.
Jentz said he is comfortable with the board looking at the merits of
the project and moving it forward, with the direction that the city
attorney review the action prior to sending the conditional use
permit application to city council.
Lorch suggested he would like to hear from the applicant and what
the issues would be to delay their project for a month's time. He
added the application should be considered based on the
regulations that the board is required to consider for review.
Young also noted he would like to proceed with the review of the
conditional use permit application.
Lorch noted that there are duplexes built on standard size city lots
all the time and Nygren said these units require 6,000 square foot
minimum lot size and this lot is 19,700 square feet. They actually
could be requesting six units on this property and they are only
proposing four. Nygren said density is not an issue in this case.
Lorch agreed this proposal looks less congested in terms of the
build -out vs. the square footage of the lot.
Lorch continued one of the main concerns relates to parking and
because of the design of the driveways it eliminates any on -street
for the entire frontage.
There was lengthy discussion regarding density and increasing on -
and off-street parking spaces for each unit to 3. It was noted that
requiring 3 off-street parking spaces would exceed the requirement
and increasing the amount of spaces would only be a suggestion
not be added to the conditions. Jentz noted it could be conditioned
if there is a specific issue that would support findings of fact.
Further discussion was held.
MOTION — INCREASING ON- Lorch moved and Kauffman seconded a motion to amend the main
AND OFF-STREET PARKING motion to add a condition that would require a total of 12 on- and
off-street parking spaces adjacent to or on the property to
eliminate the public concerns regarding safety, traffic and
visibility, and congestion.
BOARD DISCUSSION Young said he has a hard time supporting this motion because it is
putting a condition on this developer that would not be placed on
any other developer, in any other part of the city.
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page 15
Pesola said he appreciates the concern for safety on that street
however, he doesn't know that the concern provides sufficient
findings of fact to create a larger burden on the applicant. He
would tend not to support the amendment.
Skees noted she is going to err on that side as well because it
would add a condition that is not already required, or potentially
would not be required in the future. Skees added that she would
hope that through this discussion, and if the interested parties want
to work with their neighbors, parking is something that they would
want to resolve for the neighborhood.
ROLL CALL
The motion to increase on- and off-street parking failed on a roll
call vote of 1 in favor and 4 opposed.
BOARD DISCUSSION
The board directed staff to request a review of the issues by the
city attorney.
ROLL CALL
The original motion passed unanimously, on a roll call vote.
COURTHOUSE EAST
A request from Minna Winder to amend the requirements of the
PLANNED UNIT
Courthouse East Planned Unit Development. The Courthouse East
DEVELOPMENT
PUD permitted a maximum of 28 units in order to comply with the
AMENDMENT — MINNA JOY
limits of the underlying R-5 Zoning. The applicant is requesting
WINDER
that the maximum number of units be increased from 28 to 29
units. The request would allow the applicant to convert a 3
bedroom residential unit into a 2 bedroom residential unit and an
efficiency studio unit. The subject property is located at 723 51h
Avenue East.
STAFF REPORT
Jarod Nygren, representing the Kalispell Planning Board reviewed
staff report KZC-16-02 for the board.
Nygren said this is a request to amend the Courthouse East
Planned Unit Development (PUD). Nygren noted this request is a
zone change. The conditions associated with this PUD that were
approved in 2005 are the zoning. He reviewed the recent
amendments to the PUD ordinance that calculates how density is
determined for the board. The density requirement being measured
as gross would allow up to 30 units so the applicant is requesting
and additional unit for a total of 29 units. The increase would be
the conversion of an existing 3-bedroom into a 2-bedroom unit and
then creating an efficiency unit. No additional square footage is
being included. Nygren noted that the Courthouse East
Homeowners Association has approved the additional unit.
Staff recommends that the Kalispell Planning Board adopt staff
report KZC-16-02 as findings of fact and recommend to the
Kalispell City Council that condition # 7 of the Courthouse East
Kalispell City Planning Board
]Minutes of the meeting of June 14, 2016
Page 16
PUD be amended to allow 29 units.
BOARD DISCUSSION
Lorch asked if the city could expect that they will come in for the
30th unit at some point, and is there any reason why 30 wouldn't
be granted? Nygren said a request would have to be submitted and
staff didn't want to make the decision to increase the units allowed
to 30, but that could happen in the future by going through the
same process.
PUBLIC HEARING
No one was in attendance and the public hearing was closed.
MOTION
Lorch moved and Kauffman seconded a motion to adopt staff
report KZC-16-02 as findings of fact and recommend to the
Kalispell City Council that condition #7 of the Courthouse East
PUD be amended to allow 29 units.
ROLL CALL
The motion passed unanimously on a roll call vote.
OLD BUSINESS
Nygren noted staff continues to work on the amendments to the
Growth Policy with city council and after getting through 2/3rds of
the document there have been several changes. Nygren added it
may be coming back to the planning board for review.
Jentz mentioned that the city council is moving forward with
action on the South Kalispell Urban Renewal Plan update. It is
scheduled for a vote on the July 5th city council meeting.
Nygren reviewed the agenda for the July meeting and indicated
there will two annexation requests, one on West Reserve Drive
just east of the new Town Pump; and the we have also have an
annexation/deannexation of a piece of property in the Core Area
where there is a sliver of industrial land. In addition there will be
a conditional use permit from the Tree Frog Tavern on Highway 2
West for an accessory casino.
NEW BUSINESS:
None.
ADJOURNMENT
The meeting adjourned at approximately 8:00 p.m.
NEXT MEETING
The next regular planning board meeting is scheduled for July 12,
2016 beginning at 6:00 p.m. and located in the Kalispell City
Council Chambers, 201 1st Avenue East, Kalispell.
Chad Graham
President
APPROVED as submitted/corrected: / /16
Michelle Anderson
Recording Secretary
Kalispell City Planning Board
Minutes of the meeting of June 14, 2016
Page 17
Q
Q.
CERTIFIED CERTIFIED
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111111111111111111 ITI 1111111111111 IN '1111300
Few 55.00
Debbie Pierson. Ratht.d County MT by NC V117013 3-04 PtA
James H. Cossitt (Mont. 4773)
PO Box 1889
Kalispell, UT 59903-1889
Tel' 406-752-5616
Email: ihegs;ossittlaw.com
ATTORNEY FOR PLAINTIFF
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MONTANA ELEVENTH DISTRICT COURT
FLATHEAD COUNTY
James H. Cossitt,
Plaintiff(s),
vs,
James Hammond; Veronica
Hammond,
Defendant(s)
< -
Cause # 15-
ROBERTBALLISON
LIS PENTI)ENS
COMES NOW Plaintiff, pursuant to § 70-19-102, MCA, and hereby gives notice to
all whom it may concern:
11 This action affects the title or right of possession of real property.
2. The names of the parties to this action are set forth in the caption.
MT59goi.
The Strggt a-ddip_ss of the affected real estate is 12216Lh Street West, Kalispell,
The legal description of the affected real estate is:
Cossitt v, Hammond, et al, Case * DV-i5-_(_)
Us Pendens
Page I of 3
2Psaw.2cf7112
Fever •s oa
e1312015 3:04 PH
LEGAL DESCRIPTION
A tract of land situated to Government tot 2 of Section 18, Township 29 Norm, Range 21 wgst, P.M.,M., Flathead County,
Montana, described as follows:
Beginning at the Southwest Corner of Lot 8, Block ?2, Westem Addition to Kalispell, Montana; thence in a Westerly
direction on a line parapet with the North boundary of Sixth Street, Kalispell, Montana, a distance of 16 feet to a point;
thence
S&merfy on a line parallel with the Western boundary of the alley in Lot 12, WesternAdditlan to Kalispell, Montana, a
distance of 13 feet to a pant; thenca in a Westerly direction on a tine parapet to the North boundary of Stith Street,
Kalispell, Montana, a distance of 378 feet to a point; which point is the beginning of the description of the tract of land to
be described; thence
Northerly at a right angle parallel to the West botetdary of Tenth Avenue West, Kalispell, Montana, a distance of 346 [eel
to a point; thence
Westerty at a right angle on a line parallel to the South boundary of Fifth Street, Kalispell, Montana, a distance of 126 [eel
to a point; thence
youtherty at a right angle on a line parallel to the West boundary of Tenth Avenue West, Kalispell, Montana, a distance of
346 feet to a point; thence
Eastefty at a right angle on a line parallel to the North boundary of Sixth Street, Kalispell, Montana, a stance of 12fi feel
to the Place of Beginning.
EXCEPTING THEREFROM that certain tract deeded to Gustav A. Anderson ti Emma S. Anderson, recorded in Book 385
at page 140, records of Flathead County, Montana, described as follows:
Commencing at the Southwest comer of Lot 6, Block 12 Western Addition to Kalispell, according to Ine plot the, on file
in the office of the County Cleft and Recorder of Flathead County, Montana; thence in a Westerly direction on a line
parallel with the North boundary of Bah Street West of Kalispell, a distance of 16 feet to a point; thence
t Southerly on thence in a Westefty diretwith the aont n 3 tine boundary
arallel of the lotey in said Block j2 or Western Addition a distance of the North boundary o 6ah street Wes. of Kalispell at3 feet
to a point;
distance of 378 feet to a pant; thence
Northerly al o right angle, parallel to the West boundary of 10th Avenue West of Kalispell, a distance of 173 feet to a point
which is the place of beginning; thence trom said place of beginning
Northerly and parallel to the West boundary of 104h Avenue West of Kalisrell, a distance of 173 feet to a point; thence
Weslerty at a right angle a distance of 126 feet to a point; thence
Southerly at a right angle a distance of 173 feet to a point; Ihence
Easterly at a right angle a distance of 126 feet to the place of beginning.
ALSO EXCEPTING THEREFROM ae that portion
conveyed Flathead the City of
County, Kalispell by Grant Deed and Dedication recorded
May 15,
5, Pursuant to § 70-19-102(2)r the film of this notice is constructive nc�3t'ce of
the pendency of this action.
Dated: August 3, 2015
,lames H. Cassia, P-C.
Attorney for Plaintiff
Cnssitty. Hair.mond, ct Ill. Case x DV•15 (_)
Page 2 of 3
Lis Pendens
Public comments by James H. Cossitt, owner of 1231 & 1229 6th Street
West, Kalispell MT 59901 (260-6969) (email: jim.cossitt@a gmaii.com)
submitted at public hearing on 6/14/16 with respect to:
REQUEST FOR A CONDITIONAL USE PERMIT
KALISPELL PLANNING DEPARTMENT
STAFF REPORT #KCU-16-03
May 19, 2016
This is a report to the Kalispell City Planning Board and Kalispell City Council regarding
a request for a conditional use permit for the construction of four townhouse units at
1221 6th Street West. A public hearing on this matter has been scheduled before the
Planning Board for June 14, 2016, beginning at 6:00 PM, in the Kalispell City Council
Chambers, The Planning Board will forward a recommendation to the Kalispell City
Council for final action.
A. BACKGROUND INFORMATION:
Owner/Applicant: Angela Cahoon
1272 Wildcat Drive
Columbia Falls, MT 59912
(406) 212-0726
.pplicant is straw man, acting on
of an undisclosed 3rd party,
z Enterprises, LLC and / or Mark
7. Lacks good faith and candor.
Applicant has no experience ? Not the
actual developer ? Bare legal title only
for other part?.
Location: The subject property is located at 1221 6th Street West. The property can be
legally described as Tract 5DT in Lot 2 of Section 18, Township 28 North, Range 21
West, P.M.,M., Flathead County, Montana.
Size: The subject property is approximately 19,700 square feet or .45 acres in size.
Summary of Request: A request for a conditional use permit to construct four (4)
townhomes within the R-4 (Residential) Zoning District per Section 27.07.030 of the
Kalispell Zoning Ordinance. The R-4 Zoning District allows single-family, duplex and
townhouse development limited to two (2) attached units as a permitted use. Three (3)
or more attached townhouses require a conditional use permit to analyze the
compatibility with the surrounding neighborhood. Currently, the property is developed
with a single-family residence and detached garage. Developing the property would
include the demolition of the existing residence and garage. The property owner will
need to connect to city sewer and water, which are in the vicinity of the property.
Individual service line extensions are required in order to serve the townhomes.
Site plan is illegible even when blown up to 200% or more. Fails to meet minimum due process
;tandard of imparting meaningful notice to interested parties of intended governmental action.
z»
I>
p
ZE
Figure 1: Site Plan
_A4C 1 .. I
A
----- --------
----------
Existing Land Use and Zoning: The property is developed with a single-family
residence and detached garage.
Figure 2: Existing Residence
2
The property is located within the R-4 (Residential) Zoning District. The Kalispell
Zoning Ordinance describes the intent of this district:
"This district is comprised of primarily single-family and duplex
dwellings. Development within the district will require all public utilities,
and all community facilities. This zoning district would typically be
found in areas designated as urban residential on the Kalispell Growth
Policy Future Land Use Map."
Adjacent Zoning: The existing zoning and land uses of the land surrounding the
subject property are as follows:
West:
R-4
North:
R-4
East:
R-4
South:
R-4
Adjacent Land Uses:
West: single-family homes (including townhomes) and multi -family
North: sing e- ami y omes
East: single-family homes (including townhomes)
South: single-family homes
Relation to the Growth Policy: The subject property is within the Urban Residential
land use category, which is the basis for the R-4 Zoning. The Growth Policy 2020 states
that townhomes are an anticipated form of housing within the Urban Residential land
use category where adequate services and facilities are available. City services including,
sewer, water and streets are in the vicinity and available to the subject property.
Utilities/Services: Sewer service:
City of Kalispell
Water service:
City of Kalispell
Solid Waste:
City of Kalispell
Electric:
Flathead Electric Cooperative
Phone:
CenturyLink
Police:
City of Kalispell
Fire:
City of Kalispell
Schools:
School District #S, Kalispell
B. EVALUATION OF THE REQUEST
This application has been reviewed in accordance with the conditional use review criteria
in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the
3
27.33.090: Burden of Applicant. The burden of proof for satisfying the aforementioned criteria considered for
approval shall rest with the applicant and not the City Council. The granting of the Conditional Use Permit is a
matter of grace. resting in the discretion of the City Council ......
proposal, as submitted, conforms to all of the following general conditional use permit
criteria, as well as to all other applicable criteria that may be requested:
1. Site Suitability:
B. i. b:
What are the
setback
requirements ?
Structures may
meet the
setbacks, what
about trees ?
2.
B. 2.c:
Does it? Given the:
1. congestion at the
W end of 6th due to
cluster and excessive
amount of high
densitt units west of
1221;
2. the high traffic to
FHS in Ah1 & PM
from September to
May;
3. bend in 61h St W
and on street parking
congestion;
4. trash dumpsters
on 6th Street Nh'
remove usable space
from street:
5. intended Ilse of
12-3 &
Flathead Industries ?
a. Adequate Useable Space: The minimum lot area required in the R-4 Zone
is 6,000 square feet. The R-4 Zoning allows for 2 attached townhouses as a
permitted use. Accordingly, four units as proposed would require a
minimum of 12,000 square feet (2 units per 6,000 square feet). The subject
property is approximately 19,700 square feet meeting the minimum lot size
required for the number of units being proposed. The property also has flat
topography leaving the entire site buildable.
b. Height, bulk and location of the building: Building height will not exceed
the R-4 height restriction of 35' tall from bottom of finished floor to roof
ridgeline. The structures will also meet the minimum required setbacks and
lot coverage requirements for development within the R-4 Zone. The R-4
Zone requirements give due consideration to the height, bulk and location of
the proposed townhomes.
C. Adequate Access: The towmhomes will be gaining their access via 6th Street
West. 61b Street West is an improved City street providing adequate access
to the townhomes. There is also an improved City alleyway located north of
the property that can be used for access purposes.
d. Environmental Constraints: There are no known environmental
constraints, such as steep slopes, streams, floodplains, or wetlands, on the
property which could affect the proposed use.
Appropriate Design:
a. Parking Scheme/Loading Areas: Each townhome unit will have two off-
street parking spaces as required by Chapter 27.24 of the Kalispell Zoning
Ordinance.
b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards
for all outdoor lighting for residential structures.
C. Traffic Circulation: The townhouses will gain their access from 6th Street
West, an improved city street. 61h Street West connects to a network of
streets in the vicinity, providing adequate traffic circulation.
d. Open Space: The proposed townhouses -,&U meet the setbacks and lot
coverage requirements of the R-4 Zone, which provides for open spaces
around the units. No additional open space is required for the proposed
project.
B. 1.d: Agree, not required per 27.34.060: DN ellings, Multi -family. However.
Nvitli cramming 4 units tail this parcel combined with the other high density Uses In this
area. make it conditional on more space or the other criteria of ?7.34.060(2).
B. a. e: "may° be affected" ? Total failure by applicant to sustain the burden of proof.27.33.090. Pending lawsuit, not
disclosed by applicant, alleges trees are a trespass and nuisance. No consideration of CUP until lawsuit disclosed by
applicant and resolved. Failure to disclose lawsuit & lis pendens = lack of good faith by applicant.
e. P'encin Screenin Landsca in : The landscaping will be ass/sod. There
ar existing mature trees on the property that may be affected by the new
cons c ion. encing or e uni s w ave o comp y with Section
27.20.040 of the Kalispell Zoning Ordinance.
f, Si is e: There will be no signage associated with the townhomes.
3. Availability of Public Services/Facilities:
a. Police: Police protection will be provided by the Kalispell Police Department.
No unusual impacts or needs are anticipated from the proposed single-
family use.
b. Fire Protection: Fire protection will be provided by the Kalispell Fire
Department. There is adequate access to the property from the public road
system and the townhouses will be constructed to meet current building
and fire code standards for building and access.
C. Water: City of Kalispell water infrastructure is within 6th Street West south
of the subject property. The developer will be required to pay the cost for
additional service line connections for the each of the four units.
d. Sewer: City of Kalispell sewer infrastructure is located within the alleyway
north of the subject property. The developer will be required to pay the cost
for additional service line connections for the each of the four units.
e. Storm Water DrainajZe: Storm water runoff from the site shall be managed
and constructed per the City of Kalispell Construction and Design
Standards. Prior to receiving a building permit the developer will need to
submit a construction storm water management plan to the Public Works
Department. This plan will need to shot how storm water will be treated
and where it will be directed during construction activities.
f. Solid Waste: Solid waste pick-up will be provided by the City of Kalispell.
g. Streets: The proposed townhomes front 61h Street West, which is an
improved public street. 6th Street West connects to a network of city streets
that provide adequate circulation to and from the property.
h. Sidewalks: No sidewalks exist along 6th Street West in front of the property.
Sidewalks will be required to be constructed per the City of Kalispell
Construction and Design Standards along 6th Street West the length of the
property.
Schools: This site is within the boundaries of School District #5. A very
minor impact to the district may be anticipated from the proposed
townhouses depending on the demographics of the residents. On average
J
B. 4. a: Given the intensive development to the west and the FI intended uses of 1233 & 1235: See above,
superficial conclusion of adequacy of "width and quality" overlooks: 1) high density units to west that lack adequate parking
mean much more congestion to the west right at the curie; 2) street size is impaired due to on street presence of garbage
dumpsters; 3) curve in road to west obstructs vision; 4} FHS race track from September to May, AM and PM and a much
higher % of newbie drivers
Gm
B. 4(a): See
comments at 2c
above.
B. 4.b & e. On
both 6/7/16
(hammer & demo)
and 6/9/16
(chainsaw)
construction
started at 0625.
KPD advises
ordinance violation
if not limited to
0700-2200.
j. Parks and Recreation: There should be no significant increase in demand
on the parks and recreation programs and facilities as a result of this use.
No additional parkland is required form the proposed townhomes.
Neighborhood impacts:
a. Traffic: Four townhomes will not have a significant impact on the traffic
generated in the area. It is anticipated that each of the four residential units
will produce approximately 9.57 trips ends/day (Per ITE trip generation
model). The four units would generate approximately 29 net (already one
residence of property) trips per day. The width and quality of 61h Street Vilest
is more than adequate to handle the additional traffic load.
b. Noise and Vibration: Other than during construction, the townhomes will
not create any objectionable noise and vibration beyond what would
normally be associated with a single-family residence.
C. Dust Glare and Heat: Other than during construction, the townhomes will
not create any objectionable dust, glare, and heat beyond what would
normally be associated with a single-family residence.
d. Smoke Fumes Gas or Odors: Other than during construction, the
townhomes will not create any objectionable smoke, fumes, gas, or odors
beyond what would normally be associated with a single-family residence.
e. Hours of Operation: Hours of operation does not apply to this project since
it is for townhomes. If a home based occupation were to occur the residents
would have to comply with the home based occupation section of the zoning
B. 5. Historical use patterns show more space between structures. West garage wall at 1221 is 15 feet from lot line.
East side of 1229 is 9.5 feet from lot line. Add condition for more 10-15 feet side yard setback to maintain historical use
patterns.
S. Consideration of historical use patterns and recent changes: The area is a
mix of single-family residences including townhouses and multi -family
developments on small lots. The subject property is developed as more of a
ranch home on a large lot compared to others in the vicinity. Development of the
property with the four townhomes would be more in line with the surrounding
developments. More intensive townhouse development exists directly to the west
and east of the property. The R-4 Zoning of the project site and the Urban
Residential land use designation anticipates this kind of townhouse
development.
6. Effects on property values: Currently, the existing residence is in disrepair and
will be demolished. Replacing the existing structure with four (4) new units will
create more value to the property than the existing residence. Accordingly, it is
anticipated that property values will increase with the development of the
pplicant misrepresentation, failure to disclose pending lawsuit. Staff failed to check land records for unpaid taxes and legal
aims, staff report has poor analysis and wrongly concludes that applicant has met the 8/P on all the the applicable criteria,
o not adopt the report at this time and require more intensive fact finding better analysis and see if the staff even comes to
e same conclusion. City on constructive notice of lawsuit and fails to even mention it. Deny CUP uintil lawsuit
included.
C. RECOMMENDATION
The staff recommends that the Planning Board adopt staff report #KCU-16-03 as
fmdings of fact and recommend to the Kalispell City Council that the conditional use
permit be approved subject to the following conditions:
CONDITI-ONS OF APPROVAL
1. Impossible
due to nonPP
1.
ty gi
That commencement of the approved activity must begin within 18 months from
disclosure of
the date of authorization or that a continuous good faith effort is made to bring the
lawsuit.
project to completion.
Cannot get
financing
without
2.
Final designs for storm water management, water service, water meter placement,
resolution of
and sanitary sewer service for each townhouse that coin ell's
ce comply with Kalis p
same. Inability
Standards for Design and Construction shall be submitted for review and approval
to complete
by the City of Kalispell Public Works Department prior to construction.
without
financing.
3.
Each townhouse unit is required to have individual sewer and water service line
6. Related to
lawsuit,
connections. The sewer and water service lines shall be reviewed and approved
New condition:
by the Kalispell Public Works Department prior to construction. City permits
side yard
required for driveway and service connections within the public right-of-way
setbacks be
shall be obtained prior to construction.
set at 10-15
feet per
4.
Sidewalks, curb and gutter shall be constructed per the City of Kalispell
spacing to
spacing
Construction and Design Standards along 61' Street West the length of the
maintain
property.
historical use
pattern.
5.
A letter from the Kalispell Public Works Department shall be submitted to the
Kalispell Building Department stating that all new infrastructure has been
accepted by the City of Kalispell.
6. Prior to any work within the public right-of-way, the property/owner will work
with the Parks Superintendent to establish tree protection zones and file a
permit for any tree removals with the Parks and Recreation Department.
Summary & overall conclusions: multiple problems regarding good fiaith, fair dealing, adequate disclosure in the application
1. Angela is a straw person; undisclosed real owner is Mark ?;
2. No disclosure of the lawsuit by the applicant;
3. Applicant has no ability to get financing with lawsuit and lis pendens, feasibility and condtion of approval #1 cannot be met;
4. City staff failed to note lawsuit impact even though City has constructive notice via recorded lis pendens;
5. Item 2(e) and approval condition #6 are subjects of the lawsuit;
6. Sale via false notary calls into Q legal effect of the deed recorded on 4/22/16;
7. Lis pendens recorded 813/15 has priorty over current owner's title, she took subject to the lis pendens since JHC has a
senior interest via the Lis Pendens, City has constructive notice of the senior interest and JHC must consent
8. At time of purchase, false promises and no follow through on responsibility for clean up of property, conspiracy with
Hammonds to avoid responsibility to address lawsuit and clean up property;
9. clean up now, end trespass, conclude lawsuit and then come back for CUP.
EuI- 1;6; OF I?ISTR,iC t CC,iJ� x
James H. Cossitt (Mont. 4773)
PO Box 1889 '016 /RT
1
Kalispell, MT 59903-1889
Tel: 406-752-561b FILE
F,maiI: jhcta cossittlaw.com
ATTORNEY FOR PLAINTIFF`i` MONTANA ELEVENTH DISTRICT CO
FLATHEAD COUNTY
James H. Cossitt,
Plaintiff(s),
Vs.
James Hammond; Angela Cahoon;
City of Kalispell,
Defendant(s)
Cause # 15-693(B)
Robert B. Allison
1st AMENDED & SUBSTITUTED COMPLAINT
COMES NOW Plaintiff(s), James H. Cossitt ("Cossitt"), and pursuant to MRCP
15(a)(1)(B), files this i,t Amedned and Substituted Complaint, and state(s):
JURISDICTION, VENUE & PARTIES
1. The Montana District Court has original jurisdiction of this matter
pursuant to § 3-5-302 MCA.
2. Venue is proper in Flathead County pursuant to § 25-2-121, MCA.
3. Plaintiff James H. Cossitt ("Cossitt" or "Plaintiff') is a natural person
Nvho:
Cossitt v. Hammond, et al. Case # DV-15-693(B) Page i of 6
v,1 Amended & Substituted Complaint
James H. Cossitt (Mont. 4773)
PO Box 1889 Filed 6/9/i6
Kalispell, MT 59903-1889
Tel: 4o6-752-5616
Email: jhc0-cossittlaw.com
ATTORNEY FOR PLAINTIFF
MONTANA ELEVENTH DISTRICT COURT
FLATHEAD COUNTY
James H. Cossitt,
Plaintiff(s),
vs.
Angela Cahoon;
City of Kalispell,
Defendant(s)
Cause # 15-693(B)
Robert B. Allison
M
1st AMENDED & SUBSTITUTED COMPLAINT
COMES NOW Plaintiff(s), James H. Cossitt ("Cossitt"), and pursuant to MRCP
15(a)(1)(B), files this 1s1 Amedned and Substituted Complaint, and state(s):
JURISDICTION, VENUE & PARTIES
1. The Montana District Court has original jurisdiction of this matter
pursuant to § 3-5-302 MCA.
2. Venue is proper in Flathead County pursuant to § 25-2-121, MCA,
3. Plaintiff James H. Cossitt ("Cossitt" or "Plaintiff") is a natural person
Nvho:
Cossitt v. Hammond, et al. Case * DV-15-693(B) Page i of 6
i" Amended 8z Substituted Complaint
a. resides at 1231611, Street Nest, Kalispell; and
b. owns real estate located at both 1229 and 1231 6t1, Street West.
4. Defendant James Hammond (hereafter "Hammond") is a natural persons
who, with his wife Veronica, was the former owner of the real estate located at 1221 6th
Street West which is described as:
LEGAL DESCRIPTION
A tract of land situated in Government Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M_ Flathead County,
Montana, described as follows;
Beginning at the Southwest comer of Lot 6, Block 12, Western Addition to Kalispell, Montana; thence in a Westerly
direction on a line parallel with the North boundary of Sixth Street, Kalispell, Montana, a distance of 16 feet to a point, -
thence
Southerly on a line parallel with the Western boundary of the alley in Lot 12, Western Addition to Kalispell, Montana, a
distance of 13 feet to a point; thence in a Westerly direction on a line parallel to the North boundary of Sixth Street,
Kalispell, Montana, a distance of 378 feet to a point; which point is the beginning of the description of the tract of land to
be described; thence
Northerly at a right angle parallel to the West boundary of Tenth Avenue West, Kalispell, Montana, a distance of 346 feet
to a point; thence
Westerly al a right angle on a line parallel to the South boundary of Fifth Street, Kalispell, Montana, a distance of 126 feet
to a point; thence
Southerly at a right angle on a line parallel to the West boundary of Tenth Avenue West, Kalispell, Montana, a distance of
346 feet to a point; thence
Easterly at a right angle on a line parallel to the North boundary of Sixth Street, Kalispell, Montana, a distance of 126 feet
to the Place of Beginning_
EXCEPTING THEREFROM that certain tract deeded to Gustav A. Anderson & Emma S. Anderson, recorded in Book 385
at page 140, records of Flathead County, Montana, described as follows:
Commencing at the Southwest corner of Lot 6, Block 12 Western Addition to Kalispell, according to the plat thereof on file
in the office of the County Clerk and Recorder of Flathead County, Montana; thence in a Westerly direction on a line
parallel with the North boundary of bah Street West of Kalispell, a distance of 16 feet to a point, thence
Southerly on a line parallel with the West boundary of the alley in said Block 12 of Western Addition a distance of 13 feet
to a point; thence in a Westerly direction on a line parallel to the North boundary of 6ah Street West of Kalispell, a
distance of 378 feet to a point -,thence
Northerly at a right angle, parallel to the West boundary of 10th Avenue West of Kalispell, a distance of 173 feet to a point
which is the place of beginning; thence from said place of beginning
Northerly and parallel to the West boundary of 10th Avenue West of Kalispell, a distance of 173 feet to a point, thence
Westerly at a right angle a distance of 126 feet to a point; thence
Southerly at a right angle a distance of 173 feet to a point; thence
Easterly at a right angle a distance of 126 feet to the place of beginning.
ALSO EXCEPTING THEREFROM that portion conveyed to the City of Kalispell by Grant Deed and Dedication recorded
May 15, 1955 in Book 387, page 500, records of Flathead County, Montana.
5. Defendant Angela Cahoon (hereafter "Cahoon") is a natural person and is
the present owner of 1221 6t1, Street West.
Cossitt i-. Hammond, et al. Case # DV-15-693(B) Page 2 of 6
1st Amended Sr Substituted Complaint
6. The City of Kalispell, Montana, is a legal subdivision of the State of
Montana and, as it relates to this matter, acts through it's City Council and / or
Planning Department and / or City Planning Board and Zoning Commission.
ALLEGATIONS COMMON TO ALL COUNTS
7. On 8/3/15, Cossitt caused a Lis Pendens to be recorded with the Clerk and
Recorder as document # 2015 0000 17412.
8. James and Veronica Hammond conveyed their interest to Cahoon via a
Warranty Deed recorded on 4/22/16 as document # 2016 0000 7642.
9. On or about 5/5/16, Cahoon filed an Application for a Conditional Use
Permit ("CUP") with the City of Kalispell, Planning Department.
10. The CUP application contains false statements, omissions of material
facts, a false certification and fails to disclose the existence of either the Lis Pendens or
this lawsuit.
i1. Cossitt's interest in the property, via the Lis Pendens, is senior to any
interest acquired by Cahoon via the Warranty Deed.
12. As the holder of a senior interest in the property, Cossitt must either join
the CUP application or consent to it as a condition precedent to consideration of the
CUP by the City of Kalispell.
13. Hammonds and Cahoon have failed to maintain and / or allowed the real
estate to fall into disrepair, become a nuisance and to trespass onto Cossitt's property as
follows:
a. allowed trees to encroach / trespass the property boundary
between 1221 and 1229 61h Street Westbv
Cossitt v. Hammond, et al. Case # DV-15-693(B) Page 3 of 6
i9l Amended & Substituted Complaint
encroaching and growing onto the property at 1229; and
I encroaching and groNNring into the fence itself and damaging
the fence;
iii. encroaching and trespassing into the airspace above 1229;
iv. shedding debris onto the ground at 1221.
b. allowed trees to encroach into the public roadway of 61h Street West,
resulting in large amounts of tree debris / waste accumulating on the roadway
and walkway; and
C. have failed to mow the entire yard or portions of the yard at 1221
during 2015; and
d. allowed deep piles of leaves, branches, brush, dead grass and other
piles of flammable yard waste to accumulate at 1221; and
e. left abandoned appliances (yard grill and other items) at 1221; and
f. left an abandoned and unused Aljo trailer in the backyard;
g. allowed discarded auto parts, auto tires, debris, old oil filters and
other garbage to accumulate at 1221;
h. conducted construction operations starting @ 0625 in the morning.
COUNT I / TRESPASS
14. Plaintiff(s) replead(s) TIT 1-13.
15. Hammond and Cahoon have allowed their trees to enter on to or
above, remain on or above and damaged Cossitt's property and use of his property as set
forth in 1113 above. This conduct constitutes trespass.
16. As a result of the trespass, Plaintiff has been damaged and the use of his
property is impaired.
Cossitt v. Hammond, et al. Case # DV-15-693(B) Page 4 of 6
r.s' lAmended & Substituted Complaint
WHEREFORE, Plaintiff(s) demand(s) judgment against Defendants Hammond
and Cahoon as follows:
a. for declaratory and injunctive relief to prevent future trespass, to prevent past or
ongoing conduct and to restrain future conduct;
b. for monetary damages to compensate for the losses resulting from the trespass; and
c. for such other and further relief as is just and equitable.
COUNT II f NUISA.NCE
17. Plaintiff(s) replead(s) tT 1-16.
18. Hammond and Cahoon have engaged in a wide range of intentional or
reckless conduct described above that is either injurious to health, indecent or offensive
to the senses, or an obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of Cossitt's life or property, and that constitutes a nuisance.
19. The conduct set forth in t 13 above constitutes a nuisance.
2o. As a result of the nuisance conduct, Plaintiff has been damaged.
WHEREFORE, Plaintiff(s) demand(s) judgment against defendants Hammond &
Cahoon as follows:
a. for declaratory and injunctive relief to prevent past or ongoing nuisance conduct
and to restrain future conduct;
b. for monetary damages to compensate for the losses resulting from the nuisance,
including damages for emotional distress and punitive damages; and
for such other and further relief as is just and equitable.
COUNT III / INJUNCTION
21. Plaintiff(s) replead(s) ¶¶ 1-20.
Cossitt v, Hammond, et al. Case # Dv-15-693(B) Page 5 of 6
it Amended & Substituted Complaint
22. As a result of the trespass and nuisance conduct, Plaintiff has been
damaged and has no adequate remedy at law or in damages.
WHEREFORE, Plaintiff(s) demand(s) judgment againit all defendants s follows:
a. for declaratory and injunctive relief to prevent past or ongoing trespass or
nuisance conduct; and
b. for such other and further relief as is just and equitable.
Dated: June 9, 2016 /d/ Ait!L� 7rr" . &M&
James H. Cossitt (Bar #4773)
James H. Cossitt, P.C.
ATTORNEY FOR PLAINTIFF
Cossitt v. Hammond, et al. Case # DV-15-693(B) Page 6 of 6
ist Amended & Substituted Complaint
PEANNING Fop, THL ruru tE
Planning Department
201 tat Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispeU.com/ planning
APPLICATION FOR CONDITIONAL USE PERMIT
PROPOSED USE:-q --
OWNER(S) OF RECORD
Name: �U P6_
Mailing Address:
City/State/Zip:
lrl Phone: If: I1�z - 6 `7`_
14q 0_
PERSON(S) AUTHORIZED TO REPRESENT THE OWNER(S) AND TO WHOM ALL
CORRESPONDENCE IS TO BE SENT:
Name:
Mailing Address: � {'
City/ State/ Zip: t [ i � .l 5 0('. } )—Phone:
LEGAL DESCRIPTION OF PROPERTY (Refer to Property Records):
Street h , Sec. Town- �} Range
Address: � (p � _V14 No.' ship No. —ZI--
Subdivision Tract Lot Block
Name: No(s). r � No(s). No.
1. Zoning District and Zoning Classification in which use is proposed:
2. Attach a plan of the affected lot which identifies the following items:
a. Surrounding land uses.
b. Dimensions and shape of lot,
C. Topographic features of lot.
d. Size(s) and location(s) of existing buildings
e. Size(s) and location(s) of proposed buildings.
f. Existing use(s) of structures and open areas.
g. Proposed use(s) of structures and open areas.
h. Existing and proposed landscaping and fencing.
1
2.
A)Surrounding land uses are a mixture of residential and multi -family
B) .45 ac Square Shape
C) Topography is flat
D) On the south -side of the lot there is a 2 car garage. To the north is
the house 1128 sq ft. All buildings/structures are already or will be
torn down immediately.
E) See sketch
F) 4 Townhouses
G) Townhouses
H) Landscaping will be grass/sod
3.
A) Traffic flow will be vehicles in a residential area
B) Access will be from 6#e Street West, Kalispell
C) Driveways will be provided to each townhouse. There is also alley
access.
D) All refuse and services are provided by the city.
E) Utilities are standard city utilities.
F) N/A
G) Yard will surround the townhouses
H) Townhomes are 2 stories.
1) N/A
J) N/A
K) N/A
3. On a separate sheet of paper, discuss the following topics relative to the proposed
use:
a. Traffic flow and control.
b. Access to and circulation within the property.
C. Off-street parking and loading.
d. Refuse and service areas.
e. Utilities.
f. Screening and buffering.
g. Signs, yards and other open spaces.
h. Height, bulk and location of structures.
i. Location of proposed open space uses.
j. Hours and manner of operation.
k. Noise, light, dust, odors, fumes and vibration.
4. Attach supplemental information for proposed uses that have additional
requirements (consult Planner).
I hereby certify under penalty of perjury and the laws of the State of Montana that the
information submitted herein, on all other submitted forms, documents, plans or any
other information submitted as a part of this application, to be true, complete, and
accurate to the best of my knowledge. Should any information or representation
submitted in connection with this application be incorrect or untrue, I understand that
any approval based thereon may be rescinded, and other appropriate action taken. The
signing of this application signifies approval for the Kalispell Planning staff to be present
on the property for routine monitoring and inspection during the approval and
development process.
Applieai Signature Date
2
1221 6th St W. SECTION 18, T.28N., R.21 W.
NORTH Assessor0327950
®Subject Property
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1221 6th St W.
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Date: May 17th, 2016 Kalispell Planning Dept.
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1221 6TH ST WEST
KALISPELL MT.
Tom Lentz
From: Jim Cossitt tjim.cossitt@gmail.com>
Sent: Wednesday, June 15, 2016 1:13 PM
To: Tom Jentz
Cc: Michelle Anderson; Jeff Clawson; Charlie Harball
Subject: Re: File # KCU-16-03, Cahoon conditional use permit, 12216th Street W
Attachments: 2016-06-14 - Staff report JHC.pdf; 2015-08-03 - Lis Pendens conformed.pdf
Charlie, I filed the attached amended complaint naming the city and the
gravamen of my beef with the City is on pass. 7-12 and relief sought is in
Count III. As the Planning Board moved forward last night, I will likely file
another amended complaint and get the City served per MRCP 4(l-} unless
you or the City Clerk will accept service.
The amended complaint is attached to the file labeled "2016-06-14 - Staff
Report JHC".
Please let me know if you have any questions or thoughts on how we might
get the city out of my squabble with these folks. I've reached out to both
them and the prior owners on multiple occasions and get no meaningful
responses whatsoever. They seem to be "damned the torpedoes, full speed
ahead" so unless the city puts the brakes on this, I will be ramping it up via
litigation but simultaneously reaching out to the applicant for cutting a deal.
Tom, I have attached in PDF format the materials I submitted at the
Planning Board meeting last evening.
I think you folks got sandbagged by this applicant and, in order to avoid this
type of snafu going forward, the city might want to consider amending your
CUP and other application process to require the applicants to provide a title
report or obtain consents of everyone in the chain of title or with liens,
claims or interests.
I
BW, the title work I obtained on this showed a bunch of unpaid property
taxes and Judgments on this real estate. The city should require any
applicant to have all the taxes paid In full as a condition of any applications
much like the Secretary of State requires to terminate a corp or LLC, a
certificate from the MDO&
With respect to the parking concern, I neglected to mention and ask that
Planning Department staff take into consideration:
that in 2000, when I bought 1231, I added another off street parking
space with city permission. The Flathead Industnes folks who recently
bought 1233 & 1235 have advised me they intend to add more off street
parking. Clearly, those of us who live the congested "hood" of the 6th
Street W (with 2 more 4 plexes, one at 1230 and another one on the
corner of 6th St W & Meridian) have concluded on our own that 2
spaces l unit is not adequate.
This maybe a permitted use in the R 4 zone when viewed in the isolated
context of the CUP for a single project. However, when this CUP is viewed
in conjunction with the existing high density already allowed to the W of the
CUP project, and the loss of all on street parking at this CLIP, it is clearly a
topic on which reasonable minds can differ.
Nothing in this email should be construed as a modification of my position:
Cossitt's interest in the property, via the Lis Pendens, is
senior to any interest acquired by Cahoon via the Warranty Deed.
2
As the holder of a senior interest in the property, Cossitt
must either join the CUP application or consent to it as a condition
precedent to consideration of the CUP by the City of Kalispell.
In any event, please add the attached to the record for this public
hearing. Thank you for your responses to my earlier inquiries.
JiM COSSltt, 1231 6th Street W, Kalispell MT 59901-4238 USA
Cell: 406-260-6969 1 Work: 406-752-5616 1 www.cossittlaw.com
"Integrity is doing the right thing, even when no one is watching." CS Lewis
"The last and greatest human freedom: the ability to choose one's own attitude in any given situation." Elie Wiesel
On Thu, Jun 2, 2016 at 5:47 PM, Tom Jentz <tjentz(G:;kalispell.com> wrote:
Jim - I have addressed your concerns below. Let me ;snow if you need any additional assistance, - Torn Jentz
From: Michelle Anderson
Sent: Wednesday, June 01, 2016 7:28 AM
To: Tom Jentz; Jeff Clawson
Subject: FW: File # KCU-16-03, Cahoon conditional use permit, 1221 6th Street W
Importance: High
Torn and Jeff,
Could we work together on getting this information to the requestor. I already have the application materials and staff
report on the website and the link to the Zoning Ordinance would be easy as the Ordinance is on the website as well. I
need clarification on the additional information he is asking for.
3
Thanks, Michelle
From: Jim Cossitt mailto:jim.cossittOgmail.com]
Sent: Wednesday, June 01, 2016 5:57 AM
To: Michelle Anderson
Cc: JHC, PC
Subject: File # KCU-16-03, Cahoon conditional use permit, 12216th Street W
Dear Planning Department:
I received the Notice of Public Hearing related to the above.
In accordance with the Montana Public Records Law, Title 2, Chapter 6,
Part 10, MCA, please:
1. provide a citation or link to the R 4 zoning and Kalispell Zoning
ordinance;
http://www.1�ahspeU.con-t/plann'mg/docun-ients/C-LirrentOrdinanceAppr
oved3-21-16 Page 44.
2. provide PDF copies of all staff analysis, memorandum,
recommendations and comment on the request (emails, letters, work papers,
any records) (I located the one posted on the website, if there are more
records, drafts, preliminary versions, this request seeks those);
4
There are no additional files, recommendations or information other
than what is already posted on the web site.
3. provide a citation or link to the factors / criteria / considerations used
by either the Board & Commission or staff to "analyze the compatibility
with the surrounding neighborhood".
Chapter 27.33 Kalispell zoning ordinance - CONDITIONAL USE
PERMITS. Specifically section 27.33.080
http://wvvw.kahspell.com/planning/documents/CurrentOrdinance
A pproved3-21-16
If there is any cost associated with this request, please advise me in advance
what those costs are, how calculated and basis therefor.
No cost assessed or required.
Where or in what department would I be able to access the building pen -nit
requests associated vvith this project ?
The Kalispell Buildingdepartment-,��vould be the appropriate0
office. Note that we do not have a building pen -nit application in the
office at this time. We are in the early review process. A building
permit application would non-nally be submitted sometime after the
conditional use permit was approved thus justifying the expense of the
applicant to finalize building plans for the project. We do have
exterior faqade drawings as shown in the application materials.
What other approvals, if any, are required by the City for approval of this
project ? Which departments have jurisdiction for that purpose ?
If the conditional use pen -nit application is approved, the applicant
would normally move forward with construction drawings and site
preparation. The applicant will be required to get a Storm water
development permit (administrative process from public works); a
R/W permit to address the construction of new curb cuts, sidewalk
work and diive�,-a�,s accessing across the public R/W (administrative
issued by Public Works); and a building permit (administrative process
issued by building department).
Thank you.
NM COSSitt, 1231 6th Street W, Kalispell MT 59901-4238 USA
Cell: 406-260-6969 1 Work. 406-752-5616 1 www.cossittlaw.com
0
"Integrity is doing the right thing, even when no one is watching." CS Lewis
"The last and greatest human freedom. the ability to choose one's own attitude in any given situation." Elie Wiesel
.. CERTIFIED CERTIFIED
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Debbie Pienon. Flathead Cowty MT by NC 8!3!?015 3:04 PM car"' t „ „�• tt:� IrStni(T1Gnt ti3 Mut'tiGh they
James H. Cossitt (Mont. 4773)
PO Box 1889
Kalispell, MT 59903-1889
Tel: 4o6-752-5616
Email: jhc(@=g &w_, m
ATTORNEY FOR PLAINTIFF
$ .: yc,- .g a true, COR@Ct and
compared Cr3" I at the origin,! on fie in the or La
of the Clerk at a District coEixha�
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MONTANA ELEVENTH DISTRICT COURT : N4
FLATHEAD COUNTY = �; , 1�
Jaynes H. Cossitt,
Plaintiff(s),
VS.
O
James Hammond; Veronica
Hammond,
Defendant(s)
81"
-. f
Cause # 15- q-
ROBERT B AWSON f,.r�' •i i �ttfi°��
LIS PENDENS
COMES NOW Plaintiff, pursuant to § 70-19-102, MCA, and hereby gives notice to
all whom it may concern:
This action affects the title or right of possession of real property.
2. The names of the parties to this action are set forth in the caption.
3. The street address of the affected real estate is 12216th Street West, Kalispell,
MT 599o1.
4. The legal description of the affected real estate is:
Cossitt v. Hammond, et at. Case * DV-15- C_) Page i of 3
Lis Pendens
101111111Ml®111�IAMN1110111111�1 20�I6a2 01` 1 22
Feet. Is.iFO
0/312025 3.44 PM
LEGAL DESCRIPTION
A tract of land situated in Government Lot 2 of Section 18, Township 28 North, Range 21 West, P.M.,M., Flathead County,
Montana, described as follows:
Beginning at the Southwest corner of Lot 6, Block 12, Western Addition to Kalispell, Montana; thence in a Westerly
direction on a line parahel with the North boundary of Sixth Street, Kalispell, Montana, a distance of 16 feet to a pant;
thence
Southerly on a fine parallel with the Western boundary of the alley in Lot 12, Western Addition to Kalispell, Montana, a
distance of 13 feet to a point; thence in a Westerly direction on a line parallel to the North boundary of Sixth Street,
Katisped, Montana, a distance of 378 feel to a point; which point is the beginning of The description of the tract of land to
be described; thence
Northerly at a right angle parallel to the West boundary of Tenth Avenue West, Kalispell, Montana, a distance of 346 feet
to a point; thence
Westerly at a right angle on a line parallel to the South boundary of Fifth Street, Kalispell, Montana, a distance of 126 feet
to a point; thence
Southerly at a right angle on a line parallel to the West boundary of Tenth Avenue West, Kalispell, Montana, a distance of
346 feet to a point; thence
Easterly at a tight angle on a line parallel to the North boundary of Sixth Street, Kalispell, Montana, a distance of 126 feet
to the Place of Beginning,
EXCEPTING THEREFROM that certain tract deeded to Gustav A. Anderson $ Emma S. Anderson, recorded in Book 385
at page 140, records of Flathead County, Montana, described as follows:
Commencing at the Southwest comer of Lot 6, Stock 12 Western Addition to Kalispell, according to the plot thereof on file
in the offwe of tht County Clerk and Recorder of Flathead County, Montana; thence in a Westerly direction on a fine
parallel with the North boundary of bah Street West of Kalispell, a distance of 16 feet to a point; thence
Southerly on a line parallel with the West boundary of the alley in said Block 12 of Western Addition a distance of 13 feet
to a point; thence in a Westerly direction on a tine parallel to the North boundary of 6ah Street West of Kalispell, a
distance of 378 feet to a point; thence
Northerly at a right angle, parallel to the West boundary of 10th Avenue West of Kalispell, a distance of 173 feet to a point
which is the place of beginning; thence from said place of beginning
Northerly and parallel to the West boundary of 10th Avenue West o1 Kalispell, a distance of 173 feet to a go nt; thence
Westerly at a right angle a distance of 126 feet to a point; thence
Southerly at a right angle a distance of 1,,73 feet to a point; thence
Easterly at a right angle a distance of 126 feet to the place of beginning.
ALSO EXCEPTING THEREFROM that portion conveyed to the City or Kalispell by Grant deed and Dedication recorded
May 15, 1855 in Book 357, pane 500, records of Flathead County, Montana.
5, Pursuant to § 70-19-102(2), the filing of this notice is constructive notice of
the pendency of this action,
Dated: August 3, 2015'
James H, Cossitt, P.C.
Attorney for Plaintiff
Cossitt v. Harnmond, et al. Case # DV-15- (_) Page 2 of 3
Lis Pendens
HINNIIIIIIII �:.300f! 12
ram.: t5.00
813/2015 3:04 PM
State of Montana )
:ss
County of Flathead ?
This instrument was acknowledged before me on August 3, 2015 by James II.
Cossitt.
PEG L RLUSON
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L;,Clicnts1t2z1- ffnmmond\2015•08.03 - Lis pendens.docx
Notary is for the State of Montana
Res' 'ng at:
commission expires:
Cossitt v. Hammond, et al, Case # DV- 15- (_)
Lis Pendens
Rctiiscd8(3/t5 .IFIC
-- !'age3of3
STATE OF MONTANA)
COUNTY OF RATMM)
I, Debbie Piston Couttty Clerk and Recorder,
in and for said county of Flathead, State of
Montana hereby certify the annexed and
fo;iow,ng to be a full, tru and correct copy of
a cenair.,�j '
together with the endorsernent therefor as the
same appears of record In this office, witness
my hand, and stal of said Flathead County,
Mont na, affixed this ,, n
day of N� A.D.-U '� S
�,>>�� S D CQ�iif��f
//1/711111110
DEPUTY