Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Zoning Setbacks topic
No spam. Unsubscribe anytime.
Planning commission recommends eave‑encroachment zoning change, sends KZTA‑25‑01 to City Council
Summary
The Kalispell Planning Commission voted 4‑0 on Sept. 9 to recommend City Council adopt KZTA‑25‑01, a zoning text amendment that would allow eaves to extend up to 2 feet into required setbacks in R‑1 through R‑5 residential zones; supporters said the change improves design flexibility and can add roughly 80–140 sq ft to a house.
The Kalispell City Planning Commission voted on Sept. 9 to forward staff findings and recommend adoption of zoning text amendment KZTA‑25‑01, which would allow eaves to encroach up to 2 feet into required setback areas for R‑1 through R‑5 residential zones. The commission announced the motion passed by a 4‑0 tally and staff said City Council will hold first reading of the proposed ordinance on Oct. 6.
Staff presented the amendment as a limited revision to the city setback definition that would measure the required horizontal distance to the exterior wall of a structure, while allowing eave encroachments up to 2 feet. Staff said the change would require edits in several ordinance locations, including the setback definition, a cross‑reference in section 27.20.093 (staff cited a corresponding internal reference), and a footnote to the property development standards table in Appendix C. Staff recommended the commission adopt staff report KZTA 25‑01 as findings of fact and forward the recommendation to City Council.
Peter Hagen, representing applicant Hayden Homes, told the commission the change would align Kalispell’s practice with the international building code and surrounding jurisdictions, streamline development review and improve home design without increasing lot sizes. "Allowing eaves into the setbacks can create an additional 80 to 140 square feet of usable interior space," Hagen said, adding that the flexibility can support affordability and design variety. Keesa Davidson, owner of Iron Star Construction, read a letter from Shane Cook, a former city building inspector, arguing the current practice of measuring to the furthest projection penalizes thoughtful architectural design and can discourage sustainable features such as shading eaves.
Commissioners asked staff for clarifications about how the zoning change would interact with building code and fire‑separation requirements. Staff said zoning and building code are separate: building code would continue to govern fire protection and structural details, and certain eave configurations closer than 5 feet may trigger additional building permit requirements or fire‑protection measures. Staff noted the city has historically used a "bright‑line" 5‑foot side setback for ease of administration and that the proposed rule preserves a simple approach while permitting a modest eave exception. In response to a question about snow shedding from eaves, staff said that is generally a private property issue rather than a new city liability.
Commissioner Rory Young disclosed that the applicant and proponents develop in subdivisions he is responsible for and offered to recuse; the commission indicated no concern and proceeded. The motion to recommend KZTA‑25‑01 was made on the record and seconded; the recorded affirmative votes included Joshua Borgart, Doug Kaufman, Kate Walker and Rory Young. The chair announced the motion passed 4‑0. The commission and staff said City Council first reading is scheduled for Oct. 6.
Next steps: the commission’s recommendation and staff findings will be included in the Council packet for first reading on Oct. 6. If the Council approves first reading, the item will follow the city’s ordinance adoption process, including any required public hearings and subsequent readings.
