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CUP Dengar Properties/Accessory CasinoI I I I I I II6 (II 1111111111111111111 Hill H III All !III IN I I I 20170001 age:If52 50 Page:ggl of 2 Debbie Pierson, Flathead County MT by SC 7/20/2017 10:23 AM VR Kalispell City Clerk PO Box 1997 Kalispell, MT 59901. City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Dengar Properties 1955 Hodgson Road N- Whitefish, MT 59937 C'r LEGAL DESCRIPTION: Lot I of Pack Addition to Kalispell, Addition No. 91. O fJ 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 on Highway 2 West, in the B-2 zoning district. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on July 12, 2016, 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-16-04 as the Council's endings 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. Sidewalks, curb and gutter shall be constructed per the City of Kalispell Construction and Design Standards along the property's U.S. 2 frontage. 4. The casino area shall be generally shielded or screened from view of the restaurant and patrons. 5. Exterior signagre 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. 6. Neon lighting on the building is prohibited. t� Z-11 Dated this 1st day of August, 2016. STATE OF MONTANA ss County of Flathead Mark John on Mayor On this 1 7 day of jz-liq 20 IX before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City-)6f 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 BRUNCKNORST NOTARY PUBLIC kw do State of Montana Residing at Lakeside, Mont" My Commission Expires December 4, 2020 tR7 A Nat # Public, State of Montana