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CUP Hershberger/Two 2-Unit Townhouse Lots/Autumn Creek20OG29l l 0 b SCE _.. Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 APPLICANT: 60 LEGAL DESCRIPTION: 0 ZONE: - '' )AT 4 7f:,- City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE Lee &. Linda Hershberger 24212 SE 384th Street Enumclaw, WA 98022 Assessor's Tracts 6AAK, 6DI and 6AB in Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana R--2, Suburban Residential The applicant has applied to the City of Kalispell for a conditional use permit to allow the creation of two two -unit townhouse lots in a 20 unit subdivision known as Autumn Creek in an R- 2 zone. Townhouses are allowed in the R-2 zone as a conditionally permitted use. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on August 8, 2006, held a public hearing on the application, took public comment and recommended that the application be approved subject to three (3) conditions. After reviewing the application, the record, the. Kalispell Planning Department 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- 7 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow the creation of two two -unit townhouse lots in the R-2, Suburban Residential zoning district subject to the following conditions: I . 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) 2006291L 1 b0 S 6 2. Prior to issuance of a budding 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 so that they are not garage door oriented and the units differ in design and color. 3. The townhouse units shall be developed on lots 17A & B and 18A & B of the Autumn Creek subdivision. This use permit shall not become effective until the Autumn Creek subdivision has been approved. Dated this 2nd day of October, 2006. Pamela B. Kenne4 Mayor STATE of MONTANA SS County of Flathead ) On this day of , 2006 before me, a Notary 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, Monty a My Commission Expires ►.