Legals April 13, 2019
No. 26135 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION BIGFORK ZONING DISTRICT The Board of Commissioners of Flathead County, Montana, hereby gives notice, pursuant to Section 76-2-205(5), M.C.A., that it passed a Resolution of Intention (Resolution No. 956DQ) on April 9, 2019 to change the zoning designation in a por¬tion of the Bigfork Zoning District from B-6 (Rural Area Commercial) to B-2 (General Business). The boundaries of the area proposed to be amended from B-6 to B-2 are described as: Tract 1: A tract of land in the Southeast Quarter of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana and more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter of the Southeast Quarter of said section 17; thence West along the Southerly boundary of the Southeast Quarter of the Southeast Quarter, a distance of 233.71 feet to a point; thence North a distance of 60.00 feet to the True Point of Beginning of the tract of land being described and also being on the Northerly boundary line of Highway No. 326; thence West and parallel with the Southerly boundary line of the Southeast Quarter of the Southeast Quarter and following along said highway right of way, a distance of 104.36 feet to a point; thence North 01°21'30" West, a distance of 208.71 feet to a point; thence East and being parallel with the Southerly boundary line of the tract of land being described, a distance of 104.36 feet to a point, thence South 01°21'30" East and being parallel with the Westerly boundary line of the tract of land being described, a distance of 208.71 feet to the Point of Beginning. Shown on Deed Exhibit recorded in Book 501, Page 865 Tract 2: Certificate of Survey No. 2452, a tract of land in the Southeast Quarter of the Southeast Quarter of Section 17, Township 27 North, Range 19 West, P.M.M., Flathead County, Montana. The regulations defining the B-6 and B-2 zones are contained in the Flathead County Zoning Regulations, on file for public inspection at the Office of the Clerk and Recorder, Courthouse, 800 South Main, Kalispell, Montana, at the Flathead County Planning and Zoning Office, 40 11th Street West, Kalispell, Montana, and on the Planning and Zoning Office's website at: http://flathead.mt.gov/planning_zoning/downloads.php. Documents related to the proposed zone change are also on file for public inspection at the Of¬fice of the Board of Commissioners and the Flathead County Planning and Zoning Office. For thirty (30) days after the first publication of this notice, the Board of Commissioners will receive written protests to the change proposed for a portion of the Bigfork Zoning District from persons owning real property within Flathead County whose names appear on the last completed assessment roll of Flathead County and who either are registered voters in Flathead County or execute and acknowledge their protests before a notary public. DATED this 9th day of April, 2019. BOARD OF COUNTY COMMISSIONERS Flathead County, Montana By: /s/ Philip B. Mitchell Philip B. Mitchell, Chairman April 13, 20, 2019 MNAXLP __________________________
No. 26120 PUBLIC OPPORTUNITY TO PROTEST TRANSFER OF OWNERSHIP OF MONTANA ALL-ALCOHOLIC BEVERAGES LICENSE The Docks Bayside, LLC (Member: Nicholas J. Coussoulis) has applied for Transfer of Ownership of Montana All-Alcoholic Beverages with Catering Endorsement License No. 07-999-2583-002 to be operated at Harbor Grille (formerly d/b/a The Docks), 7135 US Highway 93 South, Lakeside, Flathead County. The public may protest this new license in accordance with the law. Who can protest this transfer? Protests will be accepted from residents of the county of the proposed location (Flathead), residents of adjoining Montana counties (Lincoln, Glacier, Pondera, Teton, Lewis & Clark, Powell, Lake, Sanders), and residents of adjoining counties in another state if the criteria in 16-4-207(4)(d), Montana Code Annotated (MCA), are met. What information must be included? Protest letters must be legible and contain (1) the protestor's full name, mailing address, and street address; (2) the license number (07-999-2583-002) and the applicant's name (The Docks Bayside, LLC); (3) an indication that the letter is intended as a protest; (4) a description of the grounds for protesting; and (5) the protestor's signature. A letter with multiple signatures will be considered one protest letter. What are valid protest grounds? The protest may be based on the applicant's qualifications listed in 16-4-401, MCA, or the grounds for denial of an application in 16-4-405, MCA. Examples of valid protest grounds include: (1) the applicant is unlikely to operate the establishment in compliance with the law; (2) the proposed location cannot be properly policed by local authorities; and (3) the welfare of the people in the vicinity of the proposed location will be adversely and seriously affected. How are protests submitted? Protests must be postmarked to the Department of Revenue, Office of Dispute Resolution, P.O. Box 5805, Helena, Montana 59604-5805 on or before April 23, 2019. What happens if the transfer is protested? Depending on the number of protests and the protest grounds, a public hearing will be held in Helena or Lakeside. All valid protestors will be notified of the hearing's time, date and location. Hearings typically are scheduled within 90 days. A protester's hearing testimony is limited to the grounds in the protester's letter. Following the hearing, the Department of Revenue will notify the public whether the license transfer is approved or denied. How can additional information be obtained? The cited MCA statutes are online at leg.mt.gov/bills/mca_toc/. Questions may be directed to Patty Kautz, Compliance Specialist for the Department of Revenue's Alcoholic Beverage Control Division, at (406) 444-0017 or pkautz@mt.gov. April 6, 13, 2019 MNAXLP __________________________