Council OKs permit for group home

What had looked to be a straightforward vote of approval for the third Montana Academy youth group home in Kalispell took an interesting twist Monday night, thanks to newly seated Mayor Tammi Fisher.

Lost Horizon Ranch was asking for a conditional use permit to operate a group home for up to eight people in their late teens who are transitioning from a structured environment to the work world or college.

Operated as Montana Academy at a home Lost Horizon Ranch owners Dr. John Santa and Dr. John McKinnon and their wives would buy at 520 First Ave. E., the home was the second location the owners had proposed.

Neighborhood concerns last year about operating the program in a home nearer Montana Academy’s other two group homes in Kalispell prompted the relocation to First Avenue East.

A provision in Montana law allows such group homes in any zoning areas, giving them a specific residential status. Zoning of the new property is R-4 for two-family residential use.

The state statute also prohibits imposing conditions more stringent than what would be imposed on any other residence in the area.

It was on this point that Fisher differed with the planning staff recommendation.

Staff and Planning Board members sent Lost Horizon Ranch’s request to the council with a recommendation for approval, with three conditions attached. Two are routine — begin construction within 18 months and acquire all proper licenses, inspection and approvals.

But the owners asked that a third condition be added as a means of allaying any neighborhood uncertainty.

The owners asked, and the planning staff agreed, that approval to operate the group home would end if Lost Horizon Ranch ever sells the property. Any future owners would have to request their own conditional use permit if they want to operate a group home. It would prevent an unwelcome surprise if future group homes are not operated to the same standard of quality carried out by Montana Academy.

But, Fisher pointed out and Senior Planner Sean Conrad confirmed, that runs counter to city zoning regulations.

Conditional use permits are applied to the land under Kalispell zoning law, not to the owners of that land.

“Conditional use permits run with the land for a number of reasons,” in part to provide continuity, Fisher pointed out. “It’s great of the Santas to agree [to the condition], but it can be [handled] with the neighbors [notifying] them of intent to sell rather than violating our zoning regulations.”

Kalispell City Attorney Charlie Harball had noted earlier that the condition did not violate the zoning laws per se, it simply did not comply with the letter of the ordinance. It was a mutually agreeable condition that worked for both sides and seemed appropriate in the use that borders commercial areas.

Fisher offered an amendment to council member Wayne Saverud’s earlier motion to approve the staff report and recommendations as presented.

Her amendment to drop the third condition but leave the rest of the proposal intact was approved 6-2, with council member Tim Kluesner abstaining because of a personal friendship with an interested party. Randy Kenyon and Jim Atkinson voted against the amendment.

Final approval of the amended motion was unanimous, with Kluesner abstaining.

Reporter Nancy Kimball can be reached at 758-4483 or by e-mail at nkimball@dailyinterlake.com