Planning commission recommends allowing 2-foot eave encroachments into residential setbacks

On Sept. 9, 2025, the Kalispell City Planning Commission voted 4-0 to recommend that the City Council adopt File KZTA-25-01, a zoning text amendment that would allow eaves to extend up to 2 feet into required setback areas in R-1, R-2, R-3, R-4 and R-5 residential zones.

The change would add an exception in the city’s setback definition and add a cross-reference in the property development standards table so that eave encroachments up to 2 feet are permitted where specified. PJ, city planning staff, presented the proposal and recommended adoption. "Staff would recommend that the Kalispell Planning Commission adopt staff report KZTA-25-01 as findings of fact and recommend to the City Council that the proposed zoning text amendment be adopted as presented," PJ told commissioners.

Why it matters

Supporters said the amendment is a modest technical change that can produce livable design benefits without increasing lot sizes. Peter Hagen, representing Hayden Homes, the applicant, said the update "aligns our local code with the international building and fire code and with the standards used by many of the surrounding communities" and argued it "supports better home design without having to increase the lot sizes." Hagen added: "It's not just a builder benefit. It's a thoughtful, low impact change that promotes good design, housing affordability, and long term community quality." Keesa Davidson, owner of Iron Star Construction, submitted and read a letter from Shane Cook, a former city building inspector, which asked the commission to clarify that setbacks be measured to the vertical exterior wall rather than architectural projections. As the letter states, "I respectfully request the city consider a zoning text change that would clearly establish that required setbacks are to be measured from the vertical exterior wall of the structure, not from architectural projections such as eaves, cornices, or bay windows..."

Staff presentation and concerns

PJ described the city's existing approach as a "bright line" that measures setbacks to the furthest projection (typically eave lines or decks) and said that approach is simple to administer and ties to building-code fire-protection thresholds. PJ said the 5-foot side setback commonly used in Kalispell aligns with building-code thresholds where additional fire-protection measures are triggered. The proposed amendment would retain that bright-line concept while allowing a 2-foot eave encroachment in the specified residential zones. PJ also explained a likely permitting consequence: "If this is adopted, we would probably be requiring additional details as part of a building permit" when eaves come within the 5-foot zone, because closer eaves can trigger additional fire-protection requirements.

Public comment and claimed effects

Hayden Homes and local builders told the commission the change could add modest interior square footage (the applicant estimated roughly "80 to 140 square feet" in some designs) and improve architectural flexibility, shading and energy performance. Supporters framed the change as a clarity and consistency measure to reduce variable interpretations that currently measure to outer projections.

Commission discussion and vote

Commissioners asked staff whether the eave change has caused significant permit problems historically and whether snow shedding or trespass risk would create liability for the city. PJ said such issues are typically private property concerns and noted existing building-code options already allow closer construction in some situations, with additional fire-protection requirements. After brief discussion, a motion to forward the recommendation to City Council was made and seconded (movers and second not specified in the record). The roll call vote recorded four votes in favor: Commissioner Joshua Borgart (aye), Commissioner Doug Kaufman (yes), Commissioner Kate Walker (yes) and Commissioner Rory Young (aye). Commissioners Pip Burke and Chad Graham were called but no recorded votes were captured. The chair declared the motion passed 4-0. PJ told the commission that City Council's first reading on the amendment is scheduled for Oct. 6, 2025.

What the amendment would do and next steps

If adopted by the City Council, the change would (1) add a new subsection allowing eaves to encroach up to 2 feet in specified residential zones; (2) add a footnote in Appendix C (property development standards) cross-referencing that subsection; and (3) modify the setback definition to add the new exception. Staff said other sections of the code would be adjusted for consistency.

Ending

The commission recommended the amendment be forwarded to the City Council for consideration at first reading on Oct. 6, 2025. The commission also directed staff to include any necessary building-permit detail requirements when drafting implementing language so that fire-protection and permit information is clear for applicants and reviewers.