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11/20/06 City Council MinutesA REGULAR MEETING OF THE KALISPELL CITY COUNCIL WAS HELD AT 7:00 P.M., MONDAY, NOVEMBER 20, 2006, IN THE COUNCIL CHAMBERS AT CITY HALL IN KALISPELL, MONTANA. MAYOR PAMELA B. KENNEDY PRESIDED. COUNCIL MEMBERS JIM ATKINSON, KARI GABRIEL, BOB HERRON, BOB HAFFERNLAN, RANDY KENYON, TIM KLUESNER, DUANE LARSON, AND HAND OLSON WERE PRESENT. Also present: City Manager James Patrick, Adjutant City Attorney Richard Hickel, City Clerk Theresa White, Police Chief Frank Garner, Fire Chief Randy Brodehl, Public Works Director Jim. Hansz, Public works Budget Resource officer Terri Loudermilk, Finance Director Amy Robertson, Planning Director Torn Jentz, and Recording Secretary Judi Funk. Mayor Kennedy called the meeting to order and led the Pledge of Allegiance. A. AGENDA APPROVAL Larson moved approval of the Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon vote. B. CONSENT AGENDA APPROVAL 1. Council Minutes -- Reic4ular Meeting -- November 6 2006 2. Postpone Action on Bid -- New Cft Hall Remodelin Project Staff is recommending the Council postpone action on the bids received for the City Hall remodeling project until December 4. 3. ordinance 1592 — Initial Zonin — Janet. Cahill — 2nd Readin Cahill is requesting a zoning designation of R-3, Urban Single -Family Residential on approximately four acres located at 60 Denver Avenue. 4. ordinance 1593 -- Zoning.Text Amendment — Sunburst Foundation Inc. — 2nd Readin This is a request to allow a "Family Support and Education Center" as a permitted use in the R-4, Two -Family Residential, zoning district and add a definition of the term to the Kalispell Zoning ordinance. Atkinson moved approval of the Consent Agenda. The motion was seconded. There was no discussion. The motion carried unanimously upon roil call vote. Kalispell City Council Minutes Nov 20, 2006 Page 1 C. STUDENT ISSUES None. D., PUBLIC COMMENT Erica Wirtala, Sands Surveying, spoke in favor of the final plat for Village Heights and stated she is available for questions. Janet Cahill, 2241st Avenue East, Violence Free Crisis Line, thanked the Council members for their support in the relocation of the shelter to 60 Denver Avenue. Bob Erickson, Jackola Engineering, spoke in favor of the final plat for Stratford Village Phase 4 and stated he is available for questions. Angie Kruckenberg, 1.11.6 Sunnyside Drive, asked the Council if they received a letter and pictures showing her home in relation to a large piece of property recently purchased by Just Dirt, Ltd. She commented they do not want their private road connecting to any of the subdivision roads and asked the Council to deny an excessive amount of building. Joanne Neiman, 735 4th Avenue East, representing Town Champions said there is a "crying need" for openness, accountability, and responsiveness by this Council and the City staff. Neiman accused the Council of poor and hasty decision making and said the petitions her group are circulating would require the City to provide necessary information on critical issues prior to any public comment period, and would ensure that future annexations provide significant public benefits. Roxanna Brothers, 786 4th Avenue WN, stated that Town Champions is not a secret organization and she does not understand why everything has to be done in such a hurry. She seconded the remarks made by Neiman and remarked that people they have spoken with are very concerned. C.M. `Butch" Clark, 500 Silberud Lane, referring to Agenda Item #4, proposed that he build 50 feet of sidewalk in front of his property with another 50 feet to the north, connecting with the sidewalks there. Clark said does not feel he should have to build sidewalks on 1.4th Street because there are no sidewalks there at all. E. PUBLIC HEARING — DX DANIEL ABBOTT ENCROACHMENT EASEMENT REQUEST rrr�i irurnrrrrrr�.w�r. Mayor Kennedy opened the public hearing. Dr. Daniel Abbott, 86 Juniper Bend Drive, thanked Council for allowing the public hearing and stated the neighbors are in full support of the easement sale. He said even some of the City staff are in favor of the sale, noting that Parks Director Mike Baker commented during a work session that the monies from the sale could be used to develop a trail system. Dr. Abbott said that many of Jentz' remarks in his summary letter are misinformed. He said he will make any necessary changes to be compliant, but he should not have to destroy the house to do so. (Jentz' summary outline and Dr. Abbott's responding letter are attached and by this reference made part of the official record) Kalispell City Council Minutes Nov 20, 2006 Page 2 Bill Astle, 705 Main Street, Dr. Abbott's attorney, stated they have stipulated to a zoning fine of $1500 in Municipal Court, and now they would like to address the setback violation. He said Dr. Abbott wants to purchase an easement of 15 feet onto the Golf Course to meet the additional setback requirement. He said they have submitted an appraisal of $3600 for the easement, which is full market value. Astle noted the sale would cause an insignificant detriment while providing a substantial benefit; the City would receive money for something that doesn't impair the use of the property. Jim Holland, 81 Grandview Drive, read a letter from Dolores Holland in support of Dr. Abbott's encroachment easement. He said at the last meeting some Council members took issue with his use of the word "draconian" and he feels he used the word quite correctly. Holland also criticized that a Council member indicated the neighbors' comments don't matter; they matter a great deal and have a great stake in this. (Letter is attached hereto and made a part hereof) David Fortenberry, 605 7th Avenue East, spore in favor of Dr. Abbott's easement and his good character. He stated the addition is not a detriment to the Golf Course, or to the City, and suggested the money could be used for the bike trail system in the area of the hospital. Fortenberry stated there are multiple advantages to Dr. Abbott's purchasing an easement and no disadvantages. Jim Blasingame, 242 Juniper Bend Drive, spoke in support of the purchase of the easement. Ken and Betty Barton, 90 Juniper Bend, gave their full support to Dr. Abbott and stated the Council should grant the easement and the structure should be allowed to remain without any modification. John Dudis, Crowley Law Firm, stated their firm represents the Kalispell Golf Course Association and they are opposed to the sale of any easement. He stated Dr. Abbott should bring his issue to the Board of Adjustments for a variance instead of the Council, adding that easements should not be granted onto City property because of the precedent it sets. He said the golf association is also concerned with liability in the instance where someone visiting Abbott is injured while on that easement, adding it is part of the fairway. Dudis reminded the Council that the golf association holds a long term lease on the Golf Course; adding that an easement would be bad judgment at best, and illegal at worst. Jon Heselwood, 785 North Main, Golf Course Superintendent at Buffalo Hills, stated he is in the process of remodeling his house and it doesn't seem fair that the rules are going to change and you can just "buy your ordinance", adding this is a bad precedent and Dr. Abbott knew what the rules were before he started. Hesselwood informed the Council that Dr. Abbott took the fence down between his property and the golf course without permission, and he has forty foot poles in his driveway that he suspects will be erected with netting. Steve Dunfee, 178 Cheviot Loop, General Manager of Buffalo Hills Golf Course, stated he was disappointed when Dr. Abbott took down the fence, even after he was informed the fence could not be removed. He said he feels this easement would set a precedent all around the Golf Course, noting that most people who signed the petition thought this was a simple height limit issue. Dunfee said other subdivisions around the Golf Course are indicating they want the same opportunity and he asked the Council what will happen next with the long term lease and what will be done in the future? Kalispell City Council Minutes Nov 20, 2006 Page 3 Don walter,134 Ridgeview Drive, President of the Kalispell Golf Association, said there is a safety issue with the house being that close and there are numerous golf ball marks on the side of the new addition. He said this will set a precedent for people buying their way out of situations and there are no positive outcomes for allowing this. Ken Barton, 90 Juniper Bend, rebuttal, stated he used to live on Riverview Greens and there are homes there that do not have fences along the golf course. He said the Buffalo Hills fences are not decorative and he has the right to remove the fence if he wants to. Jinn Cash, Lakeside, stated he takes umbrage at the attempt to impugn Dr. Abbott's character. He said Dr. Abbott did not buy the house to make a windfall; he bought the house to be close to the hospital. Mayor Kennedy closed the public hearing. (All written correspondence received at the November 6 regular Council meeting up to the close of the public hearing is attached and by this reference made a part of the official record) F. PUBBLIC HEARING -- POLICE AND FIRE IMPACT FEES Mayor Kennedy opened the public hearing. Merna Terry, 1505 whalebone Drive, Impact Fee Advisory Committee member, stated she is comfortable with the calculations for the fire and police impact fees. She said that all of the impact fees should net the City approximately $6,000 per new home, or about $3,000,000 per year. Mayor Kennedy closed the public hearing. All written correspondence received prior to the close of the public hearing is attached and bythis reference made a part of the official record) G. REPORTS/RECOMMENDATIONS AND SUBSEQUENT COUNCIL ACTION G/L REQUEST To PURCHASE ENCROACHMENT EASEMENT — DR. DANIEL ABBOTT Dr. Abbott is requesting to purchase an encroachment easement from the City on Buffalo Hills Golf Course. Mayor Kennedy asked for a motion. Hafferman stated it wouldn't be proper procedure to have a motion prior to discussion on the public hearing. Hickel noted a motion is not necessary to discuss the issue. Kalispell City Council Minutes Nov 20, 2006 Page 4 Hafferman stated that one of his concerns is orderly procedure and that a statement made by Jentz changed his mind about the motivation of staff. He said there was animosity in the statement and these decisions should not be based on revenge. Hafferman added the fence is not issue, the price of the property is not the issue, and staffs' feelings are not the issue. He said the contractor is a key player who should have known the rules and regulations and there is no credible evidence that Dr. Abbott set out to circumvent the regulations. He questioned whether the golf course would be affected because this is only an easement, not a purchase of property. Hafferman said the neighbors apparently will not object, other City residents will not be harmed, and a trail would be beneficial. He said the zoning violation has gone through the courts and is taken care of, however, that does not satisfy the need for a building permit and life safety issues and he feels the easement should be granted contingent on fixing those issues. Herron asked Hickel if we are in violation of the golf course lease if we grant the easement. Hickel stated there is no restriction in the lease that would prohibit the City from conveying an interest in the property. :Herron moved Council grant the right to purchase an encroachment easement for Dr. Abbott subject to a sales price of two times the appraised value or a minimum of $10,000. The motion was seconded. Herron said he thinks the staff has done an excellent job in pointing out the zoning violations, but he agrees with Hafferman that he is not sure what harm would be done if an easement is granted and it's a good way to get money for the parks. Olson asked why the Board of Adjustments isn't handling this. Patrick stated that option was presented to the applicant, but he chose to bring the matter before the Council. Olson questioned why the City is compounding the problem by trying to deal with an easement. He said Dr. Abbott should just be fined and that should be the end of it. Patrick responded that the law has been broken. The City can either make him tear down the addition, grant the easement, or change the ordinance, which would literally affect everyone who has setbacks. Mayor Kennedy said she is concerned that there is no foundation beneath the building and there could be issues with the integrity of the building itself. She said there was a lot of misinformation regarding this issue, but the main issue is that the building had no City inspections at all and that was a "travesty". Mayor Kennedy said she can not support an easement at this point because the inspections must be done first and the building must meet all standards. She reiterated the law has been broken and we must uphold by law. Mayor Kennedy also questioned the legality of selling the easement and wonders if it will come back later to haunt the City. Kalispell City Council Minutes Nov 20, 2006 Page 5 Herron remarked that he agrees with 99% of Mayor Kennedy's comments, but stated we need to vote on the easement in order for the building department to even look at this property. He said we need to fix this violation before we can deal with the others. Mayor Kennedy asked if the easement could be written contingent on the building meeting the building codes. Hickel said he doesn't see why it couldn't, but it would have to be drafted very carefully. Hafferman moved an amendment to the motion to grant the easement contingent upon completion of the structure in accordance with building and life safety standards, and that no fences be removed or altered. The motion was seconded. Gabriel asked if the inspection would take place prior to any additional building, or after the building is completed. Mayor Kennedy said that's a good point, adding she feels very uncomfortable trying to solve this tonight without legal staff reviewing the issues brought forward this evening. Gabriel moved to table the motion (without the amendment) until December 4. The motion was seconded. The motion to table carried upon vote with Atkinson, Gabriel, Kenyon, Olson, and Mayor Kennedy voting in favor, and Hafferman, Herron, I luesner, and Larson voting against. G12. RESOLUTION 5162 -- SETTING IMPACT FEES FOR POLICE Larson moved Resolution. 5162, a resolution to set the impact fees and adopt certain schedules and classifications for the imposition of such fees upon all users creating additional demand on City of Kalispell police facilities and to set the effective date. The motion was seconded. Hansz gave a staff report. Hafferman commented he is in favor of the fees because the existing City residents should not have to bear the costs of new people coming in. The motion carried unanimously upon roll call vote, G13. RESOLUTION 5163 SETTING IMPACT FEES FOR FIRE Atkinson moved Resolution 5163, a resolution to set the impact fees and adopt certain schedules and classifications for the imposition of such fees upon all users creating additional demand on City of Kalispell firefighting facilities and to set the effective date. The motion was seconded. Patrick gave a staff report. Kalispell City Council Minutes Nov 20, 2006 Page 6 Gabriel thanked the staff and the Impact Fee Advisory Committee for their work on this issue. The motion carried unanimously upon roll call vote. G/4. REQUEST TO WAIVE CONDITION OF PRELIMINARY PLAT — BUTCH CLARK Larson moved that the condition of preliminary plat approval for a two -lot subdivision at 1342 3rd Avenue East be amended to state that sidewalks be exempted on 14th Street and a sidewalk be placed on the east side of Lot 6 and on Lot 5 to the north. The motion was seconded. Jentz gave a staff report. Mayor Kennedy applauded Clark's willingness to build a sidewalk in front of his neighbor's property, adding that a sidewalk on 14th Street would serve no purpose. Herron agreed. Gabriel said she's having a hard time agreeing to a condition that forces Clark to build a sidewalk in front of his neighbor's house. Gabriel offered a friendly amendment to the motion encouraging Clark to put in the sidewalk on Lot 5, but not requiring it. There was no second. Gabriel stated she wants it noted that even though she will support the motion, she is not comfortable with requiring a homeowner to put a sidewalk on his neighbor's property. Olson reminded everyone that the wisdom of the Council not to require sidewalks in instances such as this is the reason there are areas all over Kalispell without them. Kenyon commented he will support the motion because he looked at the property and there are no sidewalks on either 13th or 14th Streets until you reach 2nd Avenue. Atkinson remarked he is going to vote against the motion because the only way to get sidewalks is to order them a piece at a time. Larson argued that ordering the installation of sidewalks in that area will never happen. The motion carried upon vote with Gabriel, Hafferman, Herron, Kenyon, Kluesner, Larson, and .Mayor .Kennedy voting in favor, and Atkinson and Olson voting against. 015. AWARD BID -- OLD SCHOOL STATION SID 344 PHASE 3: WELL TREATMENT BUILDING Two bids were received for Phase 3 consisting of the water well equipment building. Swank Enterprises submitted a bid of $595,900.00, with Davidson Construction bidding $596,000.00. Kalispell City Council Minutes Nov 20, 2006 Page 7 Kenyon moved Council award the bid for Old School Station Phase 3 to Swank Enterprises. The motion was seconded. Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote. G16. AWARD BID — WASTEWATER TREATMENT PLANT PLC REPLACEMENT Two bids were received for replacement of the programmable logic control system, one for Schedule A and one for Schedule B. Staff is recommending Schedule A be awarded to Northwest Automation of Troy, and Schedule B be awarded to Kalispell Electric. Atkinson moved council award the bid for Schedule A to Northwest Automation ($106,910) and for Schedule B to Kalispell Electric ($67,200). The motion was seconded. Hansz gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon vote. G17. APPROVE TASK. ORDERS -- UPPER ZONE WATER SUPPLY AND STORAGE PROJECT Task orders #5, #7, and #8 would complete the remaining engineering work for the public water supply improvements in the upper pressure zone. Larson moved Council approve task orders #5, #7, and #8 to Robert Peccia and Associates for the Upper zone water Supply and Storage Project. The motion was seconded. Hansz gave a staff report and answered questions. Hafferman stated he will vote against this because all of the easements have not been secured. The motion carried upon vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. G18. ORDINANCE 1594 — ADVANCED LIFE SUPPORT — 1ST READING This ordinance requires that all emergency ambulance services in the City be certified by the State of Montana as Advanced Life Support Service providers. Larson moved first reading of Ordinance 1594, an ordinance establishing that the minimum standard of emergency medical services that may be provided in the City of Kalispell shall Kalispell City Council Minutes Nov 20, 2006 Page 8 meet all of the national standards of Advanced Life Support Services and declaring an effective date. The motion was seconded. Brodehl gave a staff report and answered questions. There was no further discussion. The motion carried unanimously upon roll call vote. G/9. FINAL PLAT — STRATFORD VILLAGE PHASE 4 ('I'abted on Oct. 16) This is a request for final plat approval of Stratford Village Phase 4, a residential subdivision creating three single family and 20 townhouse lots on approximately three acres at the current terminus of Bluestone Drive. Larson moved to remove the motion approving the final plat for Stratford Village Phase 4 from the table. The motion was seconded. Patrick explained the bonding requirements for Phases 1 through 3 have been completed. Jentz gave a staff report. There was no discussion. The motion carried unanimously upon vote. G/10. FINAL PLAT — VILLAGE HEIGHTS This is a request for final plat approval of Village Heights Subdivision, an eight -unit townhouse subdivision on approximately two and a half acres located on the east side of Village Loop. Kenyon moved Council approve the final plat of Village Heights. The motion was seconded. Jentz gave a staff report. There was no discussion. The motion carried unanimously upon vote. G111. RESOLUTION 5165 — RESOLUTION OF INTENT AND CALL FOR PUBLIC HEARING -- BUDGET AMENDMENT FOR. CITY HALL REMODELING A budget amendment would be required to authorize the necessary funding to remodel the Wells Fargo building for the new City Hall. A public hearing would be scheduled for December 4. Larson moved Resolution 5165, a resolution of intent calling for a public hearing to amend the annual appropriations of the City of Kalispell, Montana, as set forth in the 2006-2007 budget Kalispell City Council Minutes Nov 20, 2006 Page 9 adopted by the City Council. The motion was seconded. Patrick gave a staff report. Hafferman said we are not ready to hold a public hearing yet because the City Manager was directed to bring alternatives to the Council and none have been received. He stated there are a lot better ways of getting space other than this extensive remodel, especially when the City is going to be faced with the same problem in ten years. Hafferman commented he feels the space needs can be satisfied with expanding and adding onto the City Hall we have now and there is no need to rush into something without a plan. Atkinson remarked that he has been on the City Council since 1987 and since then numerous expansion plans have been received and placed on the shelf. He said it may not be the very best the City can do, but he feels it's the best we can do right now given the parameters of staying downtown, consolidating offices, and expanding the police department. Atkinson said the City has to move forward because it's not going to cost any less next year or the year after and he feels the Council would be good stewards of the taxpayers' money by doing this and doing it now. The motion carried upon roll call vote with Atkinson, Gabriel, Herron, Kenyon, Kluesner, Larson, Olson, and Mayor Kennedy voting in favor, and Hafferman voting against. H. MAYS COUNCIL CITY MANAGER'S REPORTS No Action Mayor Kennedy wished residents and staff an enjoyable Thanksgiving Holiday. Olson commented that because the police department needs more room he will support a new City Hall, even if we did it a little fast. He said the police department is worth every dime it takes. Patrick stated that Hafferman's request for more information on the Council Chambers, etc. in the new building has not been forgotten; he and the architect are working on getting the information together. Larson stated he is concerned with ex parte communication regarding the Abbott issue. I. ADJOURN The meeting was adjourned at 9:50 p.m. ATTEST: f T eresa white City Clerk Approved December 4, 2006 Kalispell City Council Minutes Nov 20, 2006 Page 10 Dr. Abbott — 85 Juniper Bend - Zoning ordinance and Building Code Violations Statement made by Tom Jentz, Planning Director, October 2006 86 Juniper Bend is a triangular shaped piece of property that was created in 1996 from a larger triangular sized lot. This was not an old substandard grand fathered lot. It was a conforming R-3 lot containing 7,200 square feet but because of its design it would only accommodate a small house because of the setbacks. The owner of the original lot at the time of subdivision was aware of this. The previous owner worked at great length with PJ to get a house located on the property. The location of the existing house and garage maximized the buildable area of the site. There was no additional space to expand into. Latter a detached garage was built on the property. A garage under the zoning code is allowed to encroach closer to the property lines as is the case in all zoning districts, but it is limited to 18 feet in height. Dr. Abbott purchased the property at 86 Juniper Bend after it was fully developed. Dr. Abbott bought the house as is. In 2004 Dr. Abbott talked at various times with me, Narda Wilson and PJ Sorensen. He was interested in increasing the height of the fence because the golf course was such a hazard. He also was interested in expanding the house or living space. (Note he identified the golf course as a hazard and wanted a taller fence but he also wanted to build closer to that hazard. L Narda and PJ informed him of the limitations of the property and the efforts of the previous owner to expand as far as he did. The sales price would reflect the fact that while it was golf course frontage, the lot had inherent problems. He paid for and bought a small house on the golf course. Dr Abbott was told that he could apply for a variance but that we would not support it because the lot was less than 8 years old and it had a house on it. The hardship that "I wanted a bigger house" was not valid. Concerning the fence, he was told that the residential zone had a maximum 6.5 foot fence height but he should go talk to the Golf Association because it was their fence and possibly they could make some changes possibly with the tee box to reduce hazards toward Dr. Abbott. Dr. Abbott apparently did not get any satisfaction from the Golf Association but did determine that the golf association fence encroached onto his property a short distance, I believe 1.5 feet. AS a side note, Greg Thurston, Kalispell Public works latter went out after the fence was down and determined that the encroachment was imperceptible, in other words the fence did not encroach. In the spring early summer of 2005, Dr. Abbott proceeded to take down the golf association fence, presumably because it was encroaching on his property. He then had delivered to his property some tall used telephone posts, the 18 foot variety. At that point we had neighborhood complaints that he was going to put up some hideous fence. When staff went out to the site, we noted the telephone poles ready to be erected and were surprised to see the addition to the house almost completed. Staff had no knowledge of the house construction because a building permit was not secured for the addition. The work involved the construction on top of the accessory garage which bridged over to the main house attaching the garage to the house. When Dr. Abbott was asked about a building permit he made two conflicting comments: I thought the contractor was supposed to get the building permit and; I did not think I needed any building permit or special approvals because I was adding on to an existing house and foundation. Dr. Abbott was in our office many times and knew he had a problematic lot. He was specifically told that his property was completely built out as it was. If he truly felt that he stumbled onto a new solution one would assume that he would have checked with any one of the three of us to verify if it was workable, and especially that he did not need a permit (building permit, variance, etc, ) to do an addition.. Concerning the building permit, who ever was responsible for the permit, the contractor Was explicitly responsible for seeing that a foundation, gas, electrical, framing and sheetrock inspections were conducted. Apparently only the electrical was inspected and that was by a sate inspector. None of the other inspections Were phoned in or called for. The entire building is almost finished and to date no city building inspections have occurred. Dr. Abbott is now requesting permission to lease property from the golf association because he now finds himself short of land to comply with the set back standards. DTI.. Abbott's attorney has suggested that he buy an easement form the city in order to rectify the setback issue. He stated that many times he has used the purchase of an easement on someone else's land to rectify a setback issue. This is true and I have participated with Mr. A.stle in some of those cases. There is a distinct difference in this case however. I have never seen this process used to rectify a zonin ordinance violation. The law has always been honored. I have seen it used to get clear title when property developed years before zoning came into play was developed and when people actually built over their property lines. It is also important to note that Dr. Abbott purchased a one bedroom piece of property with an odd floor plan on a lot that Was fully developed. one could call this a distressed lot and accordingly the lot and house would be so priced. Dr. Abbott should have paid a purchase price that reflected this. With the improvements he has now made, he has actually removed the distress and is now profiting over and above what legally could happen on this lot. He is financially benefiting in a significant way that the previous property owner who listened and followed all procedures could not benefit from. Should he choose to sell the property he now would be marketing not a one bedroom bungalow but a standard golf course frontage house. In conclusion, the old saying, Ignorance of the law is no excuse" is often stated. That statement however, does not apply here. Based on the conversations staff has had with Dr. Abbott, Staff feels that there was no ignorance, he was an informed individual. Secondly we strongly feel this is a case of don't ask, don't tell and if you are caught let's make a deal. If the deal is sweet enough, it will wipe away the wrong. Several times during public comment it has been stated that two wrongs do not make a right. However every time there is a violation, there is a need to rectify that violation. The laws of the city have been broken. There is no argument there If we do not strive to correct the violation, we encourage people," if at first you do not succeed, then violate the code. In effect we reward those who break our ordinances. This approach undermines all of the health and safety codes including building permits and Zoning ordinances we have in the city and cuts at the very roots of our ability to enforce any program or to encourage our staff to do likewise. We recommend that he remove the work that violates the zoning ordinance and was conducted with out a building permit and that he bring the structure into compliance with both the Zoning ordinance and the city building code. If the council recommends approval for the purchase of an easement staff recommends 3 things. The structure will also have to undergo a fair amount of demolition to satisfy the building department that any and all of the work meets code including a foundation on the garage that was designed for a garage and not a two story house. The easement price should reflect the windfall profit the owner will receive from turning a one bedroom house lot on a golf course with a limited market to a much larger house appealing to a larger sales crowd. Finally, staff will need direction on how to process future requests for easement purchases when a property owner wants more land next to public property, be it a golf course, a city park or a city street. In other words, every lot owner in the city abuts some form of public land and can make the Dr. Abbott case; I do not have enough land. I want to use a little bit of yours. November 19, 2006 Dear City Council and Mayor 1. I would like to thank the City Council and Mayor for allowing a public hearing on the sale of a non-exclusive easement for the purpose of insuring that my existing building meets all Kalispell City Zoning requirements for set back. 2. The neighbors are in full support of the easement sale and have written many supporting letters and attended multiple meetings as City Hall. 3. Some of the City Staff are in support of the sale of an easement. Mike Baker from the parks Department has stated that monies from the sale of the easement could be well used to develop the City Parrs trail system. 4. City Planer Mr. Jentz is strongly opposed to the easement sale. 5. I believe that some of Planner Jentz's very strong opposition has occurred because he has been misinformed on some of the issues. For example Mr. Jentz was misinformed when he told the Council that I had purchased my house and property at a bargain price and that the purchase price was discounted because of the irregularly shaped lot. He also stated that the property was bought "as is" and He further stated that I stand to make a "windfall Profit" on this property if the easement is sold and he also suggests that the price of the easement should reflect this windfall profit. I paid full fair market price for the property and there were no discounts. Lot shape was not a consideration for me in the decision to buy. The major consideration for me was the proximity of the house to the KRMC hospital where I work. I have a letter from the seller, which states that the sales price was full market and not discounted and was an arms length deal. I will provide a copy of this letter. With the costs of the construction and the current real estate market, I believe that if I were to sell this property I would take a loss. 6. Mr. Jentz was also misinformed when he told the City Council that no permits had been obtained. I have a copy of an electrical permit application, the electrical permit, and the State's Electrical actions list, which shows the application was received, the permit was issued, and the final inspection was done. Permit # 177169 Although my name appears on the application for the permit as the owner, the signature on the application is that of the contractor. I relied on the contractor to obtain this permit and by the same token to obtain any other required permits. Licensed contractors and subcontractors did all of the construction on this addition. I now know that the ultimate responsibility for obtaining permits falls on the owner and that by not knowing which permits were required I made a mi stake . 7. Mr. Jentz was also misinformed when the told the City Council that I had had many meetings with him and other staff to discuss the addition of a story on an existing building. I had no meetings with Mr. Jentz prior the beginning of the upward addition to an existing building. I had one meeting with Mr. Jentz after I was informed that there was a permit and Zoning issue. I did have a meeting with P.J. Sorenson in any first weep of ownership of the house in 2004 and asked the specific question if it was possible to extend the house southward toward the golf course fence. Mr. Sorenson informed me that the lot was irregular and that no additional structures would fit on the lot and that he would oppose any attempt to get a variance to allow a southward expansion. I had one phone call with Narda regarding the variance application process during this same day in 2004. In 2005 I contacted a contractor and told him that I needed more room and that no additional structures would be allowed on the lot. I asked the contractor if it would be possible to do and upward addition on an existing building. He said it would be possible and that he would nuke all the necessary arrangements. I had no knowledge that an upward addition would change zoning setback requirements for and existing building at this time. 8. Mr. Jentz has stated that a major demolition of my house will be required to accomplish required building inspections to his satisfaction. I have spoken to an independent building inspector and he told me that compliance with Building codes can be confirmed with litnited dry wall removal, review of photographs taken during phases of construction, review of shop drawings and other non destructive inspections. Modem technology such and hifm red cameras and fiber optic scopes, and other modern inspection methods may allow complete inspection without major destructive inspection. I ant concerned with safety and I intend to fully comply with all building codes requirements, and will make any necessary changes to be in full compliance. 9. Concerns have been raised about fire safety and fire equipment access to my house and upward addition. The Kalispell Fire Department Fire Inspector dial a Fire Department Access and Egress safety review of my property on November 9, 2406. The inspection showed the following: Fire Department equipment access meets department standards. The nearest fire hydrant is less than Zoo feet to the structure, which is acceptable. Access to all parrs of the exterior of the structure for the purpose of fire fighting is acceptable, specifically the area between the garage and the property line (golf course) All bedrooms have acceptable egress openings as required. Smoke detectors are installed M* locations as required by FPA-72 and appear to be functioning. Door to garage is a fire door: therefore I recommend it to be self --closing I will provide a copy of the Fire Inspection report. I am not asking for a windfall profit, I am just asking for preservation of my home and that the building inspection techniques be used that cause the minimum amount of destruction of my property while still confirming compliance with building codes. Thank you. Daniel Abbott 11/17/06 Attu: Kalispell City Council Re: Abbott property set -backs Dear Council members: I am unable to attend the November 20 council meeting, but I would like to add my comments to those of the many neighbors who have attended previous meetings to address the difficulties surrounding Mr. Abbott's building project. First, I feel it is important to spear to his character. He has been an exemplary neighbor — friendly, helpful, and consciously mindful of "neighborhood". It would seem completely out of character to nam isge Mr. Abbott willfully flouting the city' s building requirements. Second, as I perceived the council's make-up and personality, it also seems inconceivable that it would choose to enact the suggested "punishment" of making him tear down part of his home to rectify his mistake. There is a reasonable approach to the problem, which has been suggested previously by couni-1 umbers: an inspection to determine its safety. I applaud the well-intentioned nature of the council, and its respect for the various aspects of this problem. I trust you will choose the high path, recognising the complete support of the many neighbor who have voiced their approval of the Abbott home, as well as understanding the 'difficulty an ordinary citizen might find himself in, albeit inadvertently and innocently; I trust you will choose the reasonable and appropriate solution to this dilerr,4. ............ Respectfiilly, c Dolores Holland Grandview Dr. Kalispell Vail HUUOLL Fage 1 of 1 Theresa White From: Short, Daniel (KALISPELL, MT) [dan—short@)ml.com] Sent: Monday, November 20, 2006 2:50 PM To: citycouncilkalispell.com SubJect: Dan Abbott Members of the city council- 1 understand that one of my neighbors, Dan Abbott on Juniper Bend Drive, is on the agenda for your meeting tonight concerning his request for a variance or an easement of some type to allow him to get approval to finish his home. 1 feel that allowing the Abbotts to finish their home would enhance the neighborhood and the area. His second floor does not appear to obscure anyone's view and does not impact the aesthetics of the golf course. 1 therefore support the Abbott's request and urge the city council and the planning office to reach some sort of accommodation with the Abbots so they can finish their home. Thank you, Dan Short 164 Juniper Bend Drive Kalispell, MT 59901 250-5064 Disclaimer: CAUTION: electronic mail sent through the Internet is not secure and could be intercepted by a third party. For your protection, avoid sending identifying information, such as account, Social Security, or card numbers to us or others. Further, do not send turnersensitive, action -oriented messages, such as transaction orders, fund transfer instructions, or check stop payments,, as it is our policy not to accept such items electronically. If you are not an intended recipient of this e-mail, please notify the sender, delete it and do not read, act upon, print, disclose, copy, retain or redistribute it. Click here for important additional terms relating to this e-mail. bttr),./Jwww-ml.co email t rms 11 /Z0126 Page I of 2 Theresa White From: Jimmy L. Cash Ocashl @bresnan.net Sent: Monday, November 13, 2006 11:09 AM To: citycouncilkalispell.com Subbed: Letter in support of Dr. Dan Abbott To: Kalispell City Council Members FM: Jimmy L Cash, Brig. Gen, USAF, Ret. SUBJECT: Dr. Dan Abbott's Purchase of an easement for the purpose of meeting zonIt ing setback requirements. Please accept my thanks to all members for taking the time to read my input to this situation. After attending the November 6th city council meeting, it was very obvious to me that some members did not fully understand what led Dr. Abbott into this project, and also, why so many of his neighbors and acquaintances support it's successful conclusion. I have no ax to grind in this case either way, so hopefully my comments can be taken as fairly unbiased. I would like to make two points. First, we are dealing with someone who is a major contributor to this community. I have known Dr. Abbott for about two years. He initially bought this property, because it was near the hospital and within walking or biking distance to the Emergency Room. In an emergency he can be on duty in less than five minutes. Of the time I have known him, I cannot recall one weekend that Dr. Abbott has not been on call for emergency surgery. And, I cannot recall one weekend he was not called in for an emergency. He performs these duties in the most positive way that I have observed in any professional during my working career. Ladies and Gentleman, this is an outstanding act of generosity of one's time and effort, and of enormous value to the community. Again, he chose this home in Kalispell, not to make money as has been alleged, but to be near the hospital and his work. Second, neither Dr. Abbott, nor I, nor any other citizen of this area, lives with the rules of the city on a day to day basis, as the professionals do. We depend on advice and counsel provided to us by those who should know the answer. I know that Dr. Abbott was advised that building in a manner not changing the foot print of his home did not require a building permit. That is why he chose to simply add a bedroom above his garage. And, that is why all his neighbors support Dr. Abbott's efforts to complete the project. Ladies and gentlemen, this has gone on for over a year, and it has been a nightmare for Dr. Abbott and his family. On one hand, he has worked diligently saving lives in our community, and at the same time worked very hard to satisfy requirements set forth by the city to solve this problem without doing something as outlandish and wasteful as tearing down the structure. It is time to come to the common sense solution that was agreed to by a judge and our City Attorney to grant him purchase rights for an easement for this structure. In my 44 year association with this valley, I have not seen an individual who willingly gives so much to the welfare of the people treated as shabbily as we have treated Dr. Abbott. Jimmy L. Cash I1/141. 006 James Blasingame 242 Juniper Bend Drive Kalispell, Montana 59901 April 6,,, 2006 Kalispell City Council Regarding: Dan Abbott residence at 86 Juniper Bead Drive I am a new resident in the Juniper Bend area and can see Dr. Abbott's home from my townhouse. I also drive or walls past his home every day. I want the Council to know that his project is both low profile and attractive and certainly does not cause any problem with my walking and driving. I encourage the Council to consider granting an easement for the project as the most reasonable solution to the code and set -back issue. Sincerely, fr r y ames Blasingame May 22, 2006 Dear Kalispell City Council and Mayor: The Homeowners Association of Juniper Bend is aware of an improvement that was being made to the home of Dr. Dan Abbott and Kay Uibel located at 86 Juniper- Bend Drive. Their house is not a part of our subdivision but is adjacent to our development and we pass it on our way to and from our townhouses We have noticed that the improvements are nearly finished, but have been stopped for nearly a year. We would like to see the construction finished on their house and urge the City Council to find a solution that allows the construction to be f Wished as soon as possible. we have no problem with the structure as it is, but would life to see the construction completed. Sincerely yours, Kenneth A. 5ugden, President Juniper Bend Homeowners Association April 91 2006 To: Kalispell Mayor Pam Kennedy Kalispell City Council Members Kalispell City Planning Dept. From: Wayne and Kaaren Jensen Re: Neighborhood Issue: Neighbors Dr. Dan. Abbott and Kay Uibel have contacted us asking for our views, concerning a setback dispute with the city. They live at 86 Juniper Bend Dr. and we live at 212 Juniper Bend Dr. It is our understanding that three settlement proposals have been presented by the Abbotts to settle the dispute. One dealing with Variances, One with Granted Easements, and the Third a Purchase and Easement Back arrangement. From our point of view as neighbors, we find no problem with the Abbotts proposals, as the improvements put on their 16t does not block our view nor does it interfere with vehicle or foot traffic. From that standpoint it would seem inconceivable to insist the removal of the conflicting structure because of a building misunderstanding, that could and should have been addressed by the builder and the city inspector at the time of construction. Wayne A. Jensen r � i I� j� i� Kaaren J. Jensen Dear Kalispell City Council Members and Kalispell City Mayor: I (name) Co i k(ACEe4 J have resided in Kalispell for years J am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at Sb Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any Way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Torn Jentz have opposed any attempts made by Dan Abbott to comply With the set back requirements by l . obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement Would be an unnecessary Waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed) L��� (date) f (Address) I Dear Kalispell City Council Members and Kalispell City Mayor: i I have resided in Kalispell for years I am aware of a city punning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council . We have found Dr Abbott to be a good neigWor. _ _ We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics" of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. mtmning.#n easement from the city for the 15 feet of land required for the set back _p 2. Purchasing the land from the city at fair market value and then granting an &% nnent back to the city so the land would continue to be used as city open space, 3 . Obtnmv a variance to the zoning set back rcquirenwats. We .also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only Solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a d etfiment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, Si ,. - d at e , (Address)-.. � - Dear Kalispell City Council Members and Kalispe City Mayor: I _(name) I have resided in Kalispell for years 1 am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay U'tbel located at Sb Juniper Bend Kralispell to be addressed by the City Council . W e bave found Dr Abbott to be a good neighbor. T We are aware that approximately 1 year ago that an improvement was made to the house located at 96 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood brm' creasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not Mock views and do not interfere with foot or motorized traffic in any way and are totally acceptable to nee as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back reyuirernents from the public land (golf course) located behind (south of) the Abbott property - We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obt aiming _ fn easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or gr Cing an easement or Van* to resolve this issue. Thank you, (Signed) 41) (date)�� c� (Address) K Z--- 692 U/ Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) car I have resided in Kalis ell for p years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. ` We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Ilan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized tragic an any way and are totally acceptable to me as a neighbor. Recently we found out that.the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requiarem efts by 1. obtaiming an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely tarn down as the only solution to the set hack zoning issue, We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or g g an easement or Variance to resolve this issue. Thank you, I /i (Signed) �C ! rww (date) (Address) Dear Kalispell City Council Members and Kalispell City Mayvr I _(name) I have resided in Kalispell for C -�- Y ; ears I am aware of a city punning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr .Abbott to be a good neighbor. � We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and IP generally to benefit the neighy`borhood bincreasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper Mend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifla ly City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by l . Obtaining4 � easement from the city for the 15 feet of land required for the set back �._f 2, Purchasing the land from the city at fair market value and then granting an easement hack to the city so the land would continue to be used as city open space. FF 3. V titan ng a variw= to the zoning sect back requirenv ts. We also found out that the City planning department wants the hnproven cents located -it 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We fed that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to tale the appropriate action by allowing a land sale, or gr�ting an easeme or Variance to resolve this issue. Thank you, � n_ (Signed) (date) � _� _C)c (Address)?-�tU(� {)i\ 1 �p Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay libel located at 86 Juniper Bend Kalispell to be addressed by the City Council Ve have found Dr Abbott to be a good neighbor. We are aware that approximately l year ago that an improvement was made to the house located at 86 Juniper Bend. we find this m' - provement attractive and in goad design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Ilan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the unprovements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tarn Jentz have opposed any attempts made by Dan Abbott to comply with the set bade requirewgts by l . Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 96 Juniper Bend completely torn down as the only solution to the set back zoning issue, We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City ofKalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale or granting an easement or Variance to resolve this issue Thank y� (Signed) (Address Dul (date) — �j Dear Kalispell City Council Members and Kalispell City Mayor: I name f� I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Ilan Abbott and Kay Ubel located at 86 Juniper .Bend Kalispell to be addressed by the City Council .We have found ]fir Abbott to be a good neighbor. We are aware that apprwdmately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood.. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf cotu-se) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Tian Abbott to comply with the set back requirements by 1. obtair�ngan easement from the city for the IS feet of land required for the set hack `-' 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirenmts. We also found out that the City planning department rants the improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feet that to tear down this u* nprovement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sane, or grant' an easement or Varian to resolve this issue. Thank you, , r sigued} d ate) Z (Address) Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for KfLxAs . years I am aware of a city planning departm nt issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .'dire have found Dr Abbott to be a grad neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city planning department and specifically City planner Tom Jentz have apposed any attempts made by Dan Abbott to comply with the set back requirernggts by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set hack requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper bend completely torn down as the only solution to the set back zoning issue. We feel that to tear dawn this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage a land sale, r Thank yo , (Signed)— e City Council and the Mayor to take the appropriate action by allowing intingn easement or Variance to resolve this issue. (date) 404r Dear Kalispell City Cound Members and KalispO sty Mayor: 1 4ave resided in •_ � _ ftff years t am- aware of a -city phaimg dqmtment ime rt ��r off. Da Ott and Kay �`bd ]owed at � Junior Bead XA!spek to toe a►ddrtssed by the City Coma Ne have fouM Dr Abbott -to be a _gad neigbbor. We are aware that approximateby I year ago that an improvement was made to the use lamed at geam* to the nee byu==smg pwpaty vabA* and sesOxtim Of tin a The knprovanem to Dan's Prope" locaW at 86 Juniper bend do not bk)ck Wimd -do t' jNft fout'VMY' 'aetotlap acceptable tonne as a rr. Rsrwtiy we fowp►d out that the ianpxav to the Abbott property do not mew the set baac reqUirenmuft bvm -the pubUc' (golf course) loa#jad bebiod (south of) the Abbott We also reaentty foul out that the city P1 depaftmmt -wA spedfimW City planner Tom 7entz have opposed any attempts ma6e by Dan Abbott to co- the by 1. Wig_ F easeammt from the pty f+Dr the 1 S fed Qf tad requirW fbr the set 2. Put6asi4g tbe lead trom& the city at fair market value and then granting an �b�c�Fo�e sty �Ia the d :to beused = dty open 4iIlobift We also found out &tt the pity pianaiag dtpartmcnt wants the Improvements R"#ed at 16 Jw6per fiend -dmwn as tie o* "lution io tksaet back zonmg iasae. detriment to the neigtborhood and the Cities Ta base. We understand that most setback issues in t1wt.pW in the City of speD bave been -resolved by , -1WA Pawhafts tw Vaimim. We MWdft84b 11it CO CWftd aM 't'* Wyor to eke ibb ap-,l life action by aIIowing a -land sale, ar. or Vaeianc�e toresolve this issc�c. -Thank you, cdate) (Address) _- —-�,,,�. � •'� � \ P C_,,1._,_._.... Dear Kalispell City Council Members and Kalispell City Mayor: I , - _(name) fA I have resided in Kalispell for �. years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the G Council. Ne have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 85 Juniper Bend. We find this improvement attractive and in goad design and generally to benefit the neighborhood by -increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner- Fora Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obta ning_ p easement from the city for the 15 feet of land required for the set back ` _, 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely tarn dorm as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, , (Signed) date - f ► low r y: (Address)cis- to r L,--> "' 5=-T':fi6 Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) 7($ � r1 G G r �" I have resided in Kalispell for years 1 am aware of a :city planning department issue regarding the property of Dr. Dan Abbott .r and Ka Uibel located cated at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Ilan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not -meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tony 3entz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtaining#n easement from the city for the 15 feet of land required for the set back `- 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this %mprovernent would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or g ting an easement or Variance to resolve this issue. Thank you, ,_ oq.�Q (Signed)------ (date) (Address) % Q4­�UR164:)�W Dear Kalispell City Council Members and Kalispell City Mayor: I _(name);Y�_„n.,t-�vt I have resided in K.alispeU for -L years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council Ne have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Jumper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set hack requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and spD6f caliy City planner Torn Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtauung an easement from the city for the 15 feet of land required for the set back `-3 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely tarn down as the only solution to the set back is sue. ssue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base, We understand that most setback issues in that past in the City of Kafispeli have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, J)--, (Signed) date) r, y � / 2 � U � (Address) Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) f �- r . I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council . W e have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motored traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jeatz have opposed any attempts made by Dan Abbott to comply with the set back requirenwgts by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2 . Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the ]Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back it zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed)__ .�� (date) (Address) Dear Kalispell City Council Members and KAispell City Mayor: I _(name) �..i....•xta��u Q4532u-r .�. *�Tv^ I have resided in KAlispell for 4" "OFSI am aware of a city p ' department issue regarding; the property of Dr. Dan Abbott and lay Uibel at located at 86 Juniper Bead Kalispell to be addressed by the City Council -We have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 85 Juniper Bend. We fad this improvement athractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend Do not block and views and do not interfere with foot or motonzod traffic affc in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abban property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Plaming department and specifically City planner Tom Jentz has vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining dn easement from the city for the 15 feet of land required for the set beck 2. Purchasing the land from the city at fair market value and then gxanting an easement back to the city so the land would continue to be used as city open space- 1 0a variance to the coning set back nts. We also found out that the City planning department wanks the Improvements located at 86 Juniper Bend completely tom down as the only solution to the set back zoning issue., ''VU`e feel that to teary down this improvemmt would be an unneceswary waste and a detrimmnt to the neighborhood and the Cities Tax base. We understand that mast setback issues in that, past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to tale the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you���.,.��:��� e ti , ) (date) '4 -� - o b (Address) ��}�a�..�,Q.� '` � .���ae�.,�--• �qo � Dear Kalispell City Council Members and Kalispell City Mayor: I _(name —0 �U CL I have resided in Kalispell for years I am aware of a city p department issue regarding the property of Dr. Dan Abbott and Kay Uibel i* located at 86 Juniper Bend Kafispefl to be addressed by the City Council . we have found Dr Abbott to be a good neighbor. - We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attmetive and in good design and generally to benefit the neighborhood by increasing property vahies and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at $5 Juniper bead Do not black mW views and do not interfere with foot or motorized h-afk in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbon property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property - We also recently found out that the city Planning department and specifically City planner Tom Jentz has vehemently opposed any attempts made by DaiiAbbott to comply with the set back requirements by 1. Dbtaking do easement from the city for the 15, feet of Land required for the set back y 2. Purchasing the land from the city at fair market value and they granting an easement back to the city so the land would continue to be used as arty open 3. Obtairdng a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely tom down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detrinaent to the neighborhood and the Cities Tax bane. We Understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or V to resolve this issue. Thank you, (date) (Address) /� � Get �+.� �v Dear Kalispell City Council Members and KAispell City Mayor: I _(name) I � �o.^ �O t C 011 f(-/ C1 I have resided in Kaispell for �—i'd years I am aware of a city p department issue regarding the property of Dr. Dan Abbott and Kay Uibel A located at 86 Juniper Bend Kalispell to be addressed by the., City Council. We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend Do not block awl views and do not interfere with foot or motorized taramc m any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbot property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott properly. We also recently found out that the city Planning department and specifically City planner Tom Jentz has vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by l . Dbtaitun a�i easement from the city for the 15 feet of land required for the set back 2. Puurchwing the land from the city at value and then granting an easement buck to the city so the land would continue to be used as city open space. 3. ObUdning a rafiance to the zoning set back requiremnts. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue., We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We enc � e the City Council and the Mayor to take the appropriate action by allowing a land , or hs'� granting an 7of V � ' to e tSsue. Thank You, (date)--���� (Address) � � �i^�i�d /`�' � /� i�. ���• �� / / Aq � . Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Ilan Abbott and Kay [libel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. 'eve also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by .Dan Abbott to comply with the set back requirenvgts by 1. obta inuig an easement from the city for the,15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or gr g an eas e Variance to resolve this issue. Thank you, (Signed) f I At (date) v Ob (Address) 23q jtjqjfVv-,, Rua Df`. I A<jlsna Dear Kalispell City Council Members and Kalispell City Mayor: I _(name)_ I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay IJibel located at 86 Juniper Bend Kalispell to be addressed by the City Council . W e have found Dr Abbott to be a good neighbor. ` We are aware that approximately 1 year ago that an improvement Was made to the house located at 86 Juniper Bend. We find this improvement attractive and m good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere With foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set hack requirerrigp by l . obtaining an easement from the city for the 15 feet of land required. for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn dorm as the only solution to the set back zoning issue. We feel that to tear down this improvement Would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by casements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed) (date) 4�X (Address) �� Dear Kalispell City Council Members and Kalispell City Mayor: mdrMda I have resided. in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Utbel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found 1]r Abbott to to a good neighbor. w We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by- increasing property values and aesthetics of the neighborhood. The irnprovenvmts to Ilan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south off the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Date Abbott to comply with the set back requirements by 1. Obtauv ng .fin easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and . then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely turn down as the only solution to the set 'back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed) (date)A/�C (Address) �� Dear Kalispell City Council Members and Kalispell City Mayor: FA 1 _(Dame) �a1i ru I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. lean Abbott and Kay JJibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. ` We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by i�-easmg property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner 'tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtaining an easement from the city for the 15 feet of land required for the set back � . 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements_ We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue,. We feet that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or grant' ease r Variance to resolve this issue. Thank you, (Signed (dated (Address) I a Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) � 0� w I have resided in Kalispell for years j?, a I It && V-\ I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City -Council .we have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. we also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at $6 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encoura e the City Council and the Mayor to take the appropriate action by allowing a land sale, r granting an /eaement or Variance to resolve this issue. Thank }you, (Siqed date) � (Address)_ _ (,,W f re Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juru*per Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the -Crouse located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere With foot or motorized traffic in any Way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Manning department and specifically City planner Torn Jentz have opposed any attempts made by Dan Abbott to comply With the set back requirements by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land Would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the hnprovements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this urnprovement Would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed) - - (date) y_ -46 --d 64 (Address) 5--44C 4,0c"�— L -- Dear Kalispell City Council Members and Kalispell City Mayor., I -(name "-- f 2 0 _& V__0 I have resided in Kalispell for\a Iyears I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City. -Council .we have found Dr Abbott to be a good neighbor. We are aware that approximately t year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motored traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. we also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set bank requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue, We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed)_ � �,(�( �T(�-��^ C�,L�,,�_ (date) 2�� Dear Kalispell City Council Members and Kahspeff City Mayor. I -(narm) Y have resided in Kakvell for years 1 am aware of a city p department issue regarding the property of Dr. Ilan Abbott and Kay Uibe located at 86 Juniper Bend Kalispell to be addressed by the City Council. We have found Dr Abbott to be a good neighbor. + We are aware that approximately I year ago that an hnpwvement was made to the house located at 86 Juniper Bend. We find this hWrovement attradive and in good design generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Ilan Abbott's Property located at 86 Juniper bend Do not black mod views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbot property do not meet the set back requirements from the public land (golf course) located behind (southot) the Abbott property. We also found out that the city Phming dqmAment and specifically City planner Tom Je has vehm3ently opposed any attempts node by Dan Abbott to comply with the set back requirements by 1. Obt do easement from the city for the 15 feet of laud required for the set back 4 2. Purchasing the land from the city at fair market value and then an eawrwnt back to the city so the bM would continue to be used as city open spacew 3 . obtafigM a variance to the r mg suet back req ts. We also found out that the City p department wants the Improvements located at 86 Juniper lend completely torn down as the only solution to the set back zoning issue.. We feel that to tear down this improvement would be an unixzessary waste aid a detriffrnt to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City ofKA ispell have been resolved by easements, land purchases or v s, We encourage the it3' Council and the Mayer to tape the appropriate action by mowing a lard sale, orzrobt an easement or Varkmee to resolve this Thank you, date "i (Address) �P t"i/ S 7 Dear Kalispell City Council Members and Kalispell City Mayor. - l have resided in Kalispell for years 1 am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Libel located at 96 Juniper Bend. Kalispell to be addressed by the City Council .we have found Dr Abbott to be a good neighbor. .� We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by. increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traf fie in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by I. Obtaionione_ �n easement from the city for the 15 feet of land required for the set back ` _, 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the lard would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unn waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting a&easement or Variance to resolve this issue. Thank you, (Signed) (Address) (date)�Cc� Dear Kalispell City Council Members and Kalispell City Mayor: I _(name), I have resided in KaUp ell for c Years I and aware of a city planning department issue regarding the property of Dr. Ilan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council . W e have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by -increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not mcet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by I . obtaining_ an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then an granting easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning suet back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank u' A �� G (Signed) �"� (date) (Address) ok)I k S T110 I /� • I`G ��S(�2 �� � A T Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) �►��� `..�<<) I have resided in Kalispell for . W_ /) I ke,._ years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Jumper Bend Kalispell to be addressed by the City Council .fie have found Dr Abbott to be a good neighbor. We are aware that approximately t year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tarn Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by f l . Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open spare. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of K.alispeh have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, ��^ ' (Signed) / � � (date)�� � (Address) 20 1 .J�da6s-. �iGt,� /W� k4- geXJ( /4) T Dear Kalispeh City Council Members and Kalispell City Mayor: I name I have resided in y Kalis ell for ears � I am aware of a city planning department issue regarding the property of Dr. lean Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .we have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in goad design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Ilan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tam Jentz have opposed any attempts made by Dan Abbott to comply with the sot back requiren qts by 1. Obtaining an easement from the city for the 15 feet ofland required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this *improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. - or we understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, r ^� (Signed) - _ - (date) (.Address) Dear Kalispell City Council Members and KAispeff City Mayor: I have resided in Kalispell for years I am aware of a city p department issue regarding the property of Dr. Dan Abbott and Kay Uibel of located at 86 Juniper Bend Kalispell to be addressed by the City Co uncil . We have found Dr Abbott to be a good neighbor. We are aware that approxunately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We fnd this improvement attradive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper Mend Do not block and views and do not interfere with foot or motorized ftaffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbot property do not meet the set back requirements from the public land (golf course) located behind (south o fl the Abbott ProPenY• We also recently found out that the City PI department and speci ficaffy City planner Torn Jentz has vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining - do easement from the city for the 15 feet of land required for the set buck 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtafifing a variance to the caning set back requirements. We also found out that the City plaming department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a lam sale, or granting an easement or Variance to resolve this issue. Thank You, date) (Address) Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) - <. -\j I have resided in Kalispell for years I am aware of a city p department issue regarding the property of Dr. Dan Abbott and Kay Uibel as located at 86 Juniper Bend Kalispell to be addressed by the j:�ity Council. We have found Dr Abbott to be a good neighbor. _ We are aware that approximately 1 year ago that an improvement was made to the house heated at 85 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by =* masing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bead. Igo not block aid views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor, Recently we found out that the improvements to the Abbott property do not meet the set beck requirements from the public land"(golf course) located behind (south o fl the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz his vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining dn easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement bank to the city so the land would continue to be used as city open space- 3 . Dbt*' a variance to the zoning set back requirements. We also found out that the City p department wants the In rovements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnwxmmy waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting , easement or Varrice Ao resolve this issue. Thank you, ,-� , � ?uU.v " / fir.. �l (date)�a) (Address), Dear Kalispell City Council Members and Kalispell City Mayor. I _(name) I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere With foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott properly. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Ob ' ' _f easement from the city for the 15 feet of land required for the set back :+► 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open spare. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear dawn this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed)_ (Address) 0/1 .. _#_ __.) 6:4_� /1110) r C5 19 b I (date � D M., Dear Kalispell City Council Members and Kalispell City Mayor: 6 C-71- t>.- '_I I have resided in KAispell for years I am aware of a city p department issue regarding the property of Dr. Dan Abbott and Kay Uibel.A* located at 86 Juniper Bend Kalispellto be addressed by the City Council . We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attradive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend Do not block views and do not inure with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbot property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott properly. We also recently found out that the city Planning departmentand specifically City per Torn Jentz has vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Dbtainin do easement from the city -for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Ob4k�ng a variance to the zoning set back requirements, We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detrkwnt to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sales or granting an easement or Variance to resolve this issue. Ile (date) Thank you, r F (Address)` Dear Kalispell City Council Members and Kalispell City Mayor: I, have resided in Kalispell for - years I am aware of a city punning department issue regarding the property of Dr. Ilan Abbott and Kay iTibel located at 85 Juniper .Bend Kalispell to be addressed by the City Council . W e have found Dr Abbott to be a good neighbor. - We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by'increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's property located at 86 Juniper trend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Ilan Abbott to comply with the set back requirements by l . obtaining p easement from the city for the 15 feet of land rewired for the set back ` -t 2. Purchasing the land from the city at fair market valve and then granting an easement back to the city so the land would continue to be used as city open space, 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at Sh Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sak, or granting an easement or Variance to resolve this issue. Thank you, '� (Signed) 4. �--- -� —(date)_ 7 (Address) Bear Kalispell City Council Members and Kalispell City Mayor: I _(name) e, (tN If W�Y•. I have resided in or f Kalispell � $ _ years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay IJibel at located at 86 Juniper Bend Kalispell to be addressed by the City Council . we have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the douse located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 85 Juniper bend Do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz has vehemently opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open Space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Address) C7 � Cx Z q-7/:--Z74 (date) 6 d6 Sips 121� Bear Kalispell City Council Members and Kalispell City Mayor: I _(nameZz��y I have resided in Kalispell for a S years I am aware of a city planning department issue regarding the property of Dr. lean Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper Mend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open spare. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this 'improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank y , (Signe 2(date) 4110 �/Ov/ (Adds Dear Kalispell City Council Members and Kalispell City Mayor: _(name) PVbt1UP* zu W Van/, cL I have resided in Kalispell for ! years I am aware of a city planning department issue regarding the property of Dr. Ilan Abbott and Kay Uibel located at 86 Juniper Bend Kalispell to be addressed by the City .Council .We have found Dr Abbott to be a good neighbor. we are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and g � generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. we also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by 1. obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set track zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or antmg an easement or Variance to resolve this issue. Thank you, (Signed) date1 f f (Address) 'I Cf( Sir - (Address) woo Dear Kalispell ei Counci.l Members and Kalispell City Mayor: I _(name) l have resided in alispeR for _ years I am aware of a city planning department issue regarding the property of Dr. lean Abbott and Kay Uibel located at Sb Juniper Bend Kalispell to be addressed by the City -Council . We have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south ofl the Abbott property. We also recently found out that the city Planning department and specifically City planner Torn Jentz have opposed any attempts made by Dan Abbott to comply with the set back requirements by I . Obtame m" g an easement from the city for the 15 feet of land rewired for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely tarn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. 'We understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, A/f � (Signed) �� �� � /�Lf�� GP (date)- I (,Address) f � �� , ►/ O�t},( •T ��/SitL, Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for -L\-years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located at 86 Jumper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately I year ago that an improvement was made to the house located at 86 Juniper Bend. we find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 85 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott ProPertY We also recently found out that the city Planning department and specifically City planner Tom Jentz have opposed any attempts made by Dan Abbott to comply with the set hack requirements by I . Obtaining an easement from the city for the 15 feet of land required for the set back 2. purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. obtaining a variance to the zoning set hack requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this improvement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. ewe understand that most setback issues in that past in the City of Kalispell have been resolved by easements, land purchases or variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, (Signed) ate} (Address) f� Dear Kalispell City Council Members and Kalispell City Mayor: I _(name) I have resided in Kalispell for years I am aware of a city planning department issue regarding the property of Dr. Dan Abbott and Kay Uibel located. at 86 Juniper Bend Kalispell to be addressed by the City Council .We have found Dr Abbott to be a good neighbor. We are aware that approximately 1 year ago that an improvement was made to the house located at 86 Juniper Bend. We find this improvement attractive and in good design and generally to benefit the neighborhood by increasing property values and aesthetics of the neighborhood. The improvements to Dan Abbott's Property located at 86 Juniper bend do not block views and do not interfere with foot or motorized traffic in any way and are totally acceptable to me as a neighbor. Recently we found out that the improvements to the Abbott property do not meet the set back requirements from the public land (golf course) located behind (south of) the Abbott property. We also recently found out that the city Planning department and specifically City planner Tom Jentz have apposed any attempts made by Dan Abbott to comply with the set back requirements by 1. Obtaining an easement from the city for the 15 feet of land required for the set back 2. Purchasing the land from the city at fair market value and then granting an easement back to the city so the land would continue to be used as city open space. 3. Obtaining a variance to the zoning set back requirements. We also found out that the City planning department wants the Improvements located at 86 Juniper Bend completely torn down as the only solution to the set back zoning issue. We feel that to tear down this i*nprovement would be an unnecessary waste and a detriment to the neighborhood and the Cities Tax base. We understand that most setback issues in that past in the City p of Kalispell have been resolved by easements, land purchases or Variances. We encourage the City Council and the Mayor to take the appropriate action by allowing a land sale, or granting an easement or Variance to resolve this issue. Thank you, . (S'gned). ` �,... (date) (Address) — � Page 1 of 1 Theresa White From: Clarice Gates [gardengate79ghotmail.com] Sent: Monday, November 20, 2006 10:34 AM To: cityclerk@kalispell.com; pamgkowboy.com; robertt9montana.com; bherron@bherron.com; larsongcenturytel.com; jcat@montanasky.net; randyk9century.net; kari_gabriel_1 903@hotmail.com; maryolson200 @yahoo.com Subject: Public Hearing on Police and Fire Impact Fees Nov 20, 2006 Dear Mayor and members of city council: I am Clarice Gates and live at 426 7th. Ave West, Kalispell, MT 59901. Due to conditions beyond my control I am unable to attend your council meetings and workshops. I want to thank you for you work on impact fee to help cover the cost caused by the expansion of city boundaries. I am for the Police and Fire Impact Fees. Sincerely yours, Clarice Gates Get_ FREE cornan branded e-mail accounts and a Web site from Microsoft Office Live 11/20/2006