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CUP LV Enterprises (Casa Mexico)O V�1 fl Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59901 IIIIIIII II II i III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII I111 IIII II I III IIII INPage000 f 2 69 Debbie Pierson, Flathead County MT by NC 5/24/'2017 3Q9 PM City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: LV Enterprises, Inc. 1600 Highway 93 South Kalispell, MT 59901'6 two S'fort LEGAL DESCRIPTION: Lot 9 and the south 50' of Lot 8 of 12;4ste- Addition to Kalispell, Block 1 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. ZONE: General Business, B-2 The applicant has applied to the City of Kalispell for a conditional use permit to operate an accessory casino in an existing restaurant at 1600 Highway 93 South, in the B-2 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on April 11, 2017, 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-17-02 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to operate an accessory casino in an existing restaurant in the General Business, B-2 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. The building permit submittal shall substantially comply with the approved plan. 3. The casino area shall be generally shielded or screened from view of the restaurant and patrons. 4. Exterior signage cannot include (a) terms such as gaming, gambling, cards, dice, chance, etc.; (b) any reference to any associated activity or any symbol or word commonly associated with gaming; or (c) any words, terms, figures, art work, or features intended or designed to attract attention to the fact that a casino is on site. For purposes of this condition, exterior signage would include any signs mounted in windows or otherwise visible from the exterior of the building. 5. Neon lighting on the building is prohibited. 6. Compliance with Ordinance 1745 (airport airspace protections) shall be submitted prior to building permit issuance. Dated this 1 st day of May, 2017. STATE OF MONTANA ss County of Flathead Mark Johnston Mayor s+ On this I — day of — M , 2017 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the Cit 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. AIMEE BRUNCKHORST �auNcxy NOTARY PUBLIC for ft State of Montana Residing at Lakeside, Montane µ�2 of My Commission Expires December 4, 2020 Notary Public, State of Montana