CUP Richard Dasen/Communication Tower0
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200700024774 Fees: $22.00 by. NW
MISC RE by KALISPELL CITY ATTN/T WHITE
Date 8/15/2007 Time 4:40 PM Page. 1 of 2
Paula Robinson, Flathead County Montana
City of Kalispeii
P. O. Box 1997
Kalispell, Montana 59903-1997
GRANT OF CONDITIONAL USE
APPLICANT: Richard Dasen
1286 Burns way
Kalispell, MT 59901
LEGAL DESCRIPTION: Lot 13 of Highland Park Professional Subdivision in Section 6,
Township 28 Forth, Range 21 West, P.M.M., Flathead County,
Montana
ZONE:
Health Care, H-1
The applicant has applied to the City of Kalispell for a conditional use permit to replace the
existing 40 foot internet communications tower with a 60 foot internet communications tourer in the
Health Care, H-1, zoning district. The property development standards for the H-1 zoning district
include a height limitation of 40 feet; a conditional use permit is required for heights up to 60 feet.
The Kalispell City Planning Board and zoning Commission, after due and proper notice, on
July 10, 2007, held a public hearing on the application, took public comment and recommended that
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-07-4 as the Council's findings
of fact, and issues and grants to the above described real property a conditional use permit to replace
a 40 foot internet communications tower with a 60 foot internet communications tower in the Health
Care, H--1, zoning district subject to the following conditions:
1. The structure plans shall be developed in conformance with the reviewed and approved plans
by the City of Kalispell's planning office, building department, and architecture review
committee (Kalispell Zoning Ordinance).
2. The applicant shall obtain a building permit prior to the construction of the 60-foot structure.
3. Approval of the proposed structure by the Kalispell City Airport Manager shall be obtained
and provided to the Kalispell Building Department prior to issuance of a building permit.
4. The communications device shall serve only the Montana Sky Networks business; no co -
locating is allowed on the structure with this conditional use permit. (Kalispell zoning
Ordinance).
Document Number: 200700024774
Page: 2
5. The structure shall be green in color to blend in with the pine trees of which shall not be
removed and the two satellites dishes shall be blended with the surrounding area to the extent
possible. (Kalispell Zoning Ordinance 27.35.090 (3), City of Kalispell Architectural Design
Standards and Architecture Review Committee recommendation on June 26, 2007.)
6. The conditional use permit is valid for a period of 18 months from the date of authorization
after which time if the commencement 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 6th day of Auzust, 2007.
STATE OF MONTANA
ss
County of Flathead
0n this fday of August, 2007 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.
R cALA
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Printed Name:
0 TAj =� Notary Public, State of Montana
' = Residing at Kalispell, Montana
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