Resolution 4897 - Preliminary Plat - Empire EstatesRESOLUTION NO.4897
A RESOLUTION GRANTING A VARIANCE TO THE PRELIMINARY PLAT OF
EMPIRE ESTATES SUBDIVISION, MORE PARTICULARLY DESCRIBED ON EXHIBIT
"A", IN SECTION I, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M. FLATHEAD
COUNTY, MONTANA.
WHEREAS, On July 7, 2003 the Kalispell City Council passed Resolution No. 4806 approving
the preliminary plat of Empire Estates Subdivision; and
WHEREAS, as a part of the subdivision approval process the Empire Estates Subdivision is
required to comply with the Subdivision Ordinances of the City of Kalispell located
at Title 28 of the Kalispell City Code; and
WHEREAS, at Chapter 3, Section 3.06 of the Subdivision Ordinance, Empire Estates Subdivision
is prohibited from creating Through Lots or Reverse Lots "except where essential to
provide separation of residential development from traffic arteries or to overcome
specific topographic or orientation difficulties'; and
WHEREAS, a reconfiguration of some of the lots of the Empire Estates Subdivision was
necessitated in order to insure that all of the lots complied with the minimum lot size
and minimum width standards of the R-4 zoning district. This reconfiguration
created "double frontage" lots at lots 1 through 5, Block 11, of the subdivision which
are prohibited by Ordinance 28.3.06 set forth above; and
WHEREAS, Tri-City Planning Office Staff report KZV-04-1 dated June 1, 2004, reviewed this
specific situation and recommended certain findings of fact be made by Council and
further recommended that Council grant this variance to the Empire Estates
Subdivision.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. The findings of the Tri-City Planning Office Staff report KZV-04-1 dated
June 1, 2004 are hereby adopted by Council as its Findings of Fact.
SECTION H. The Empire Estates Subdivision, Lots 1 through 5, Block 11 are granted a
specific variance from Ordinance 28.3.06 on the condition that the plat
contain a note along the eastern boundary of Lots 1 through 5, Block l I that
denotes a 15 foot landscape buffer and no access strip.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 7TH DAY OF JUNE 2004.
ATTEST:
Theresa White T
City Clerk
EXHIBIT "A"
Empire Estates Legal Description
Property can be described as being the West half of the Southwest Quarter of Section 1, Township
28 North, Range 22 West, P.M.M., Flathead County, Montana. Subject to and together with a
60'County road known as Stillwater Road.