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CUP Milbrandt/3-Unit ApartmentAV05025 144-1 o City of Kalispell Kalispell, Montana o- 17 GRANT of CONDITIONAL USE A LICA-NL T Barry and Ingrid Mil ra dt 2955 Farm to Market Road Kalispell, MT 59901 LEGAL DESCRIPTION: .As s es or' s Tract t 5 -15 & 5 ZA located M S ection 17, Township 2 8 Nord, Range 21 West, P.M.M., Flathead County, Montana ZONE: Low Density Residential Apartment, R.A.- .e applicant has applied to the City of Kalispell for a conditional use pennit to allow a three um't apartment to be built on the same parcel as an existing single farnily residence on approximately 12,017 square feet in an R.A.- 1, Low Density Residential Apart ment zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, o December 1 , Zoo ,, held a public hearing on the application, took public comment and recommended that the application be limited to a duplex structure and that it he approved subject to 10 conditions. ons. After reviewina the application, the record, the TC o report, and after duly considering the matter, the City Council of the City o Kalispell, pursuant t the Kalispell Zoning Ordir�ar�ce, erel y adopts ri -City Planning ice, Conditional Use Report KCI - 4 -11 as the Co ncil's findings of fast, and issues and grants to the above -described real property a. conditional use perTnit to allow the construction of a duplex in are RA- 1, Low Density Residential A. went zoning district subject to the following conditions: The proposal will be developed in substantial conformance with the approved site plan and other application materials except as modified by these conditions. That the conditions associated with this pennit shall be met prior to occupancy of the building. . That additional development on the site be limited to a dgplex structure and the.parking ire e accommodated ors -site. . That a docunent be filed at the Flathead Counly Clerk and Recorders Office.walyingrotest to the future . rade or Fifth Avenue East to Cfty. standards. That a document be recorded at the Flathead County Clerk and Recorders Office granting access to the site via the private road easement to the north prior to the application for a ulld.ig permit. . The access road located to the north of this propel which is off -site shall be developed as proposed under Kalispell Conditional Use Permit KCU-03-7 including paving, curb and gutter, sidewalk along the north side of the propel and a five Foot landscape buffer on the north and south sides of the roadway. . That the landscaping of the site be in accordance with a landscape plan approved by and coordinated with the City Parks and Recreation I e went. . The proposal shall comply with the Kalispell Design and Construction. Standards for water, sever, store drainage, and other applicable Facilities which shall he approved by the City Engineer prior to the issuance of a building permit. 20AWpO25 1AA41 0 . The property owners shall receive approval from the Kalispell Fire Department for compliance with the Uniform Fire Code for emergency access, number and placement of firehydrants. . To accommodate pick-up of residents by Eagle Transit service, locate the bus stop and access area in ac of ante with their re onnnnation . o. The conditional use permit is valid for a period of 18 months from the date of authorization after which time if the co=eneement of activities has not occurred the permit shall be void.. A continuous, good faith effort to design the building, obtain financing and other activities shall be considered a commencement. Dated this 3rd day of JanuW, 2005. STATE OF M NTANA s County of Flathead Pamela B. KennedV"� Mayor On this IAclay o , 2005 before me, a Notary Public, personally appeared Pamela B. Kennedy, Mayor of t e City o alis e 1, known to me to be the person whose name is sub scribed to the within str mer t and acknowledged tome that she executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, 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, Homan My Commission Expires 317 7 h4�t'0 Cut,N