CUP FAILED Waatti/2-Unit TownhouseFAILED November 6, 2006
City of Kalispell
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Matt Waatti, The Villas, LLC
15 Vista Loop
Kalispell, MT 59901
LEGAL DESCRIPTION: Parcels 1 and 2 of Certificate of Survey No. 17264, located in Section 7,
Township 28 North, Range 21 West, P.M.M., Flathead County, Montana
ZONE: Urban Single Family Residential, R-3
The applicant has applied to the City of Kalispell for a conditional use permit to construct a two -
unit townhouse on an 8,810 square foot tract of land located on 6th Avenue West North. Townhouses are
conditionally permitted in the R-3 zone subject to certain provisions, including density limitations.
The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on
October 10, 2006, held a public hearing on the application, took public comment and recommended that
the application be approved subject to certain 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-06-10 as the Council's findings of fact, and
issues and grants to the above -described real property a conditional use permit to construct a two -unit
townhouse in an R-3, Urban Single Family Residential zoning district subject to the following conditions:
1. That the development of the site shall be in substantial compliance with the application submitted,
the site plan, materials and other specifications as well as any additional conditions associated with
the CUP as approved by the city council. (Kalispell Subdivision Regulations, Appendix C — Final
Plat)
2. The developer shall submit to the Kalispell Public Works Department an engineered drainage plan
that meets the requirements of the current city standards for design and construction.
3. The approved engineered drainage plan shall be implemented prior to the issuance of a certificate
of occupancy.
4. Prior to issuance of a building permit for the townhouse units a site plan and elevations shall be
reviewed and approved by the Planning Department. The townhouse units shall be designed
utilizing either landscaping or alternative design or both to minimize the prominence of the garages
from the street.
5. The project site's frontage along 6t' Avenue West North shall be improved in accordance with the
City of Kalispell's Standards for Design and Construction and Montana Public Works Standards;
and shall be certified by an engineer licensed in the State of Montana. All work shall be reviewed
and approved by the Kalispell Public Works Department prior to issuance of a building permit.
This infrastructure shall include the improvement of the boulevard and installation of a sidewalk.
6. Prior to issuance of a building permit the following requirements shall be met per the Kalispell Fire
Department: (Kalispell Subdivision Regulations, Section 3.20).
a. Fire Department access shall be provided in accordance with International Fire Code
(2003).
7. A letter from the Kalispell Public Works Department shall be submitted to the Building
Department stating that all new infrastructure along 6th Avenue West North has been accepted by
the City of Kalispell prior to issuance of a certificate of occupancy.
Dated this 6th day of November, 2006.
STATE OF MONTANA )
ss
County of Flathead )
Pamela B. Kennedy
Mayor
On this day of , 2006 before me, allotary Public, personally appeared
Pamela B. Kennedy, 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 she 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