Legals August 23, 2017

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No. 1618 NOTICE OF PUBLIC HEARING FLATHEAD COUNTY BOARD OF ADJUSTMENT The Flathead County Board of Adjustment will hold a public hearing on the items listed below on Tuesday, September 5, 2017 beginning at 6:00 PM in the 2nd Floor Conference Room of the South Campus Building, 40 11th Street West, Suite 200, Kalispell, Montana A request from Sands Surveying on behalf of Don & Paul Herbert for a conditional use permit for the placement of a Cellular Communication Tower at a property located at 1291 Belton Stage Road in the Middle Canyon Zoning District. A Cellular Communication Tower is a Public Utility Structure and a Minor Land Use in the Middle Canyon. Section 5.13 of the Flathead County Zoning Regulations (FCZR) outlines requirements to all wireless telecommunications facilities regardless of the zoning district or overlay in which they are located. Section 5.13.115(C) requires a conditional use permit for towers exceeding sixty feet within 1/4 mile of a State or Federal Highway. Because a Minor Land Use Review is similar to a Conditional Use Permit which requires a public hearing, a Conditional use Permit will be required and will include elements of review for both a Minor Land Use Review and a Conditional Use Permit. The subject property can legally be described as Tract 7B in Section 3, Township 31 North, Range 19 West, P.M.M., Flathead County, Montana. 2. A request from Sands Surveying on behalf of Don & Paul Herbert for a zoning variance to property located at 1291 Belton Stage Road within the Middle Canyon Zoning District. The applicants are requesting a variance to Section 5.13.115 ( C) Performance Standards for Cellular Communication Towers which states: A wireless telecommunication tower located within one-quarter (1/4) mile from the Centerline of the right-of-way of all State and Federal highways shall: ( C) If a wireless telecommunications tower exceeds sixty (60) feet in height or is located more than sixty (60) feet from the edge of the right-of-way of a State or Federal highway, it may be permitted as a conditional use provided that the tower be set back twenty (20) feet from the edge of the right-of way for every one (1) foot in height in excess of sixty (60) feet. Based on the distance from U.S. Highway 2, the applicants would be permitted to have a 103 foot tower subject to the conditional use permit. The applicants have requested the variance to place a 150 foot tower on the site. The subject property can legally be described as Tract 7B in Section 3, Township 31 North, Range 19 West, P.M.M., Flathead County, Montana. All decisions made by the Board of Adjustment are considered final actions. Interested parties are encouraged to attend the meeting to make their views or concerns known to the Board. Written comments are strongly encouraged and should be received by the Flathead County Planning & Zoning Office, no later than 5:00 pm, September 5, 2017. Information and documents pertaining to the above requests are on file in the Flathead County Planning & Zoning Office, 40 11th Street West, Ste 220 Kalispell, MT 59901, and may be reviewed during regular office hours, or you may call (406) 751-8200 for more information. Please note agenda items are subject to change without notice. Persons with a disability may request a reasonable accommodation by contacting Elaine Nelson at the Flathead County Commissioner's Office at 758-5503 or TTY (800) 335-7592, or call Montana Relay at 711. Requests should be made as early as possible to allow time to arrange the accommodation. /s/Mark Mussman Mark Mussman, CFM Planning Director August 23, 2017 MNAXLP

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