E1. Ord 1946, Eave Setback 2nd ReadingCITY OF
KALISPELL
Development Services Department
201 Is' Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
REPORT TO: Jarod Nygren, Interim City Manager
FROM: PJ Sorensen, Assistant Director of Development Services
SUBJECT: Ordinance 1946: Zoning Text Amendment
Residential Setbacks Eave Exception
MEETING DATE: October 20, 2025 (Second Reading)
BACKGROUND: Hayden Homes has submitted a petition for a zoning text amendment relating to
how setbacks are applied to a structure's eaves in residential zones. Current zoning regulations,
under Section 27.37.010(177), defines a setback as "The horizontal distance required between any
structure (i.e. the furthest extension of the structure, typically an eave line or deck) and a lot line...."
This amendment would allow eaves to extend up to two (2) feet into the setback areas in the R-1, R-
2, R-3, R-4, and R-5 zones. Specifically, the amendment would be as shown on the attached Exhibit
A.
The Kalispell City Council, at their meeting on October 6, 2025, unanimously approved the first
reading of Ordinance 1946 relating to the proposed text amendment.
RECOMMENDATION:
TEXT AMENDMENT: It is recommended that the Kalispell City Council approve the second
reading of Ordinance 1946, an ordinance to amend the City of Kalispell Zoning (Ordinance 1677), as
shown on Exhibit A, attached hereto and hereby incorporated by reference.
FISCAL EFFECTS: There are no anticipated fiscal impacts at this time.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Ordinance 1946
September 9, 2025, Kalispell Planning Commission Minutes
Staff Report
Application Materials
Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
Sections 27.04.040(3); 27.05.040(3); 27.06.040(3); 27.07.040(3); and 28.08.040(3):
Add "Eave encroachments — See Section 27.20.093"
Appendix C — Property Development Standards for All Uses:
Add "***" to all setback entries for R-1, R-2, R-3, R-4, and R-5 zones
Add "*** See Section 27.20.093 for allowable eave encroachment into setback" to
footnotes
Add a new section: Section 27.20.093: Setback Encroachment for Eaves. In R-1, R-
2, R-3, R-4, and R-5 zones, eaves on a structure are allowed to encroach up to two
(2) feet into a required setback area.
Amend Definitions - Section 27.37.010(177): Setback. The horizontal distance
required between any structure (i.e. the furthest extension of the structure, typically
an eave line or deck, except as otherwise specifically allowed under this
ordinance) and a lot line. This distance is to be measured at right angles to the lot
line. The setback line shall be parallel with the lot line.
ORDINANCE NO. 1946
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE (ORDINANCE
NO. 1677), BY AMENDING SECTIONS 27.04, 27.05, 27.06, 27.07 AND 27.08, RESIDENTIAL
SETBACK, EAVES; ADDING SECTION 27.20.093, SETBACK ENCROACHMENT FOR
EAVES; AND AMENDING DEFINITIONS SECTION 27.37.010(177), SETBACK, TO
AMEND HOW SETBACKS ARE APPLIED TO A STRUCTURE'S EAVES IN
RESIDENTIAL ZONES AND DECLARING AN EFFECTIVE DATE.
WHEREAS, Hayden Homes has submitted a written request to amend the Kalispell Zoning
Ordinance, relating to how setbacks are applied to a structure's eaves in residential
zones to allow eaves to extend up to two (2) feet into the setback areas in the R-1, R-
2, R-3, R-4, and R-5 zones; and
WHEREAS, the request was forwarded to the Kalispell Zoning Commission by the Kalispell
Planning Department as a recommended text amendment by allowing eaves to
extend up to two (2) feet into the setback areas in the R-1, R-2, R-3, R-4, and R-5
zones after making such evaluation under 27.29.020 of the Kalispell Zoning
Ordinance; and
WHEREAS, the Kalispell Zoning Commission recommended that the text of the Kalispell Zoning
Ordinance be amended by allowing eaves to extend up to two (2) feet into the
setback areas in the R-1, R-2, R-3, R-4, and R-5 zones; and
WHEREAS, the City Council has reviewed the Kalispell Planning Department Report and the
transmittal from the Kalispell Zoning Commission and hereby adopts the findings
made in Report #KZTA-25-01 by allowing eaves to extend up to two (2) feet into the
setback areas in the R-1, R-2, R-3, R-4, and R-5 zones.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION 1. The City of Kalispell Zoning Ordinance, Ordinance No. 1677, is
hereby amended as follows on Exhibit "A".
SECTION 2. All parts and portions of Ordinance No. 1677 not amended hereby
remain unchanged.
SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 20TH DAY OF OCTOBER, 2025.
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
Mark Johnson
Mayor
EXHIBIT A
Sections 27.04.040(3); 27.05.040(3); 27.06.040(3); 27.07.040(3); and 28.08.040(3):
Add "Eave encroachments — See Section 27.20.093"
Appendix C — Property Development Standards for All Uses:
Add "***" to all setback entries for R-1, R-2, R-3, R-4, and R-5 zones
Add "*** See Section 27.20.093 for allowable eave encroachment into setback" to
footnotes
Add a new section: Section 27.20.093: Setback Encroachment for Eaves. In R-1,
R-2, R-3, R-4, and R-5 zones, eaves on a structure are allowed to encroach up to
two (2) feet into a required setback area.
Amend Definitions - Section 27.37.010(177): Setback. The horizontal distance
required between any structure (i.e. the furthest extension of the structure, typically
an eave line or deck, except as otherwise specifically allowed under this
ordinance) and a lot line. This distance is to be measured at right angles to the lot
line. The setback line shall be parallel with the lot line.
KALISPELL CITY PLANNING COMMISSION
MINUTES OF REGULAR MEETING
September 9, 2025
CALL TO ORDER AND ROLL
The regular meeting of the Kalispell City Planning Board and
CALL
Zoning Commission was called to order at 6:00 p.m. Commission
members present were Doug Kauffman, Joshua Borgardt, Cate
Walker and Rory Young (Zoom). PJ Sorensen, Kirstin Robinson,
and Donnie McBath represented the Kalispell Planning
Department.
APPROVAL OF MINUTES
Borgardt moved and Walker seconded a motion to approve the
minutes of the August 12, 2025 meeting of the Kalispell City
Planning Board and Zoning Commission.
VOTE BY ACCLAMATION
The motion passed unanimously on a vote of acclamation.
HEAR THE PUBLIC
KZTA-25-01— EAVES SETBACK
Hayden Homes has submitted a petition for a zoning text
amendment relating to how setbacks are applied to a structure's
eaves. Current zoning regulations, under Section 2737.010(177),
defines a setback as "The horizontal distance required between
any structure (i.e. the furthest extension of the structure, typically
an eave line or deck) and a lot line...." This amendment would
allow eaves to extend up to two (2) feet into the setback areas in
the R-1, R-2, R-3, RA and R-5 zones.
STAFF REPORT
PJ Sorensen representing the Kalispell Planning Department
reviewed Staff report #KZTA-25-01.
Staff recommends that the Kalispell City Planning Commission
adopt the findings in staff report KZTA-25-01 and recommend
to the Kalispell City Council that the proposed amendment be
adopted as provided herein.
BOARD DISCUSSION
None.
PUBLIC COMMENT
Peter Hagen - Hayden Homes — 250 SE Timber Ave. Redmond,
OR - Hayden Homes — Supports the amendment because it
benefits the community with minimal impact.
Kisa Davison — Iron Star Construction - 326 6t1i Ave E — Read a
letter written by Iron Star's job superintendent Shane Cooke that
supports the amendment. She is also in support of the amendment
for the same reasons that Mr. Hagen and Mr. Cooke presented.
MOTION — KZTA-25-01
Walker moved and Borgardt seconded that the Kalispell City
Planning Commission adopt the findings in staff report KZTA-
25-01 and recommend to the Kalispell City Council that the
proposed amendment be adopted as provided herein.
Kalispell City Planning Commission
Minutes of the meeting of September 9, 2025
Page I 1
BOARD DISCUSSION
Sorensen clarified to Borgardt and Walker that historically the 5ft
setbacks were for fire protection and that, if the amendment is
adopted, additional fire separation requirements could apply
under the building code. Sorensen also advised Borgardt that
snowfall on a fence is a private issue that does not put the city at
risk. Young advised the commission that his firm has previously
represented Hayden Homes and Iron Star Construction but is not
currently representing them and offered to recuse himself should
the commission feel there is a conflict of interest. The commission
unanimously agreed that there was no conflict.
ROLL CALL
Motion passed unanimously on a roll call vote.
OLD BUSINESS
Sorensen updated the commission on city council action on items
from the August Planning Commission meeting.
NEW BUSINESS
Sorensen updated the board on the upcoming October 14, 2025
Planning Commission Meeting and Work Session.
ADJOURNMENT
The meeting adjourned at approximately 6:26 PM.
WORK SESSION
Transitioned into work session on the Montana Land Use
Planning Act.
Chad Graham
President
APPROVED as submitted/amended:
Kirstin Robinson
Recording Secretary
Kalispell City Planning Commission
Minutes of the meeting of September 9, 2025
Page 12
RESIDENTIAL SETBACKS EAVE EXCEPTION
ZONING TEXT AMENDMENT - STAFF REPORT #KZTA-25-01
KALISPELL DEVELOPMENT SERVICES DEPARTMENT
SEPTEMBER 9, 2025
This is a report to the Kalispell City Planning Commission and the Kalispell City Council regarding
a request from Hayden Homes for a text amendment to the Kalispell Zoning Ordinance to allow
eaves to extend up to two (2) feet into the setback areas in the R-1, R-2, R-3, R-4, and R-5 zones. A
public hearing has been scheduled before the Planning Commission for September 9, 2025,
beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Commission will
forward a recommendation to the Kalispell City Council for final action.
BACKGROUND INFORMATION
Hayden Homes has submitted a petition for a zoning text amendment relating to how setbacks are
applied to a structure's eaves. Current zoning regulations, under Section 27.37.010(177), defines a
setback as "The horizontal distance required between any structure (i.e. the furthest extension of the
structure, typically an eave line or deck) and a lot line...." This amendment would allow eaves to
extend up to two (2) feet into the setback areas in the R-1, R-2, R-3, R-4, and R-5 zones.
A: Applicant: Hayden Homes
250 SE Timber Ave
Redmond, OR 97756
B. Area Effected by the Proposed Changes: Any "R" zoned property within the jurisdictional
boundaries of the City of Kalispell will be affected by the proposed changes.
C. Proposed Amendment: The proposed amendment would include:
Sections 27.04.040(3); 27.05.040(3); 27.06.040(3); 27.07.040(3); and 28.08.040(3):
Add "Eave encroachments — See Section 27.20.093"
Appendix C — Property Development Standards for All Uses:
Add "***" to all setback entries for R-1, R-2, R-3, R-4, and R-5 zones
Add See Section 27.20.093 for allowable eave encroachment into setback" to
footnotes
Add a new section: Section 27.20.093: Setback Encroachment for Eaves. In R-1,
R-2, R-3, R-4, and R-5 zones, eaves on a structure are allowed to encroach up to
two (2) feet into a required setback area.
Amend Definitions - Section 27.37.010(177): Setback. The horizontal distance
required between any structure (i.e. the furthest extension of the structure,
typically an eave line or deck, except as otherwise specifically allowed under
Page 1 of 3
this ordinance) and a lot line. This distance is to be measured at right angles to
the lot line. The setback line shall be parallel with the lot line.
D. Staff Discussion: Traditionally, the City of Kalispell has used a setback definition which
creates a bright line where nothing from the structure can extend beyond the line. There are
some benefits to that approach in that it is relatively simple to understand and administer.
The five foot side setback through most of the zoning districts also aligns well with the
building code, which begins to require fire protection measures once eaves are closer than
five feet from the property line.
However, it is fairly common in most cities to allow for some encroachments into the
setback. Eaves are the most common, but sometimes include bay windows, decks, or other
appurtenances. Often in those situations, particularly with bay windows, the calculation of
the allowable encroachments can get rather complex. In many jurisdictions, the end result
isn't any different (and in some situations actually more restrictive) than the approach taken
by Kalispell. The flexibility allowed with an eave encroachment can be beneficial both in
terms of floor area and architectural appearance of a home. However, avoiding the
complexity of those regulations would be preferrable. This proposal, which is limited to a
two -foot eave encroachment, would allow for additional flexibility while still maintaining a
fairly simple application of the rule.
EVALUATION BASED ON STATUTORY CRITERIA
The statutory basis for reviewing a change in zoning is set forth by 76-2-303, M.C.A. Findings of
Fact for the zone change request are discussed relative to the itemized criteria described by 76-2-
304, M.C.A.
1. Is the zoning regulation made in accordance with the growth policy?
Setbacks are not directly addressed in the growth policy, although the efficient use of land is
an overarching theme throughout the policy. Allowing eave encroachments, particularly as
lot sizes are getting smaller, is a minimal encroachment into the setback area which allows
for larger building floor plans on the same lot size.
2. Does the zoning regulation consider the effect on motorized and nonmotorized
transportation systems?
The proposed amendment would have a minimal effect on the transportation systems except
to the extent that more efficient development could help support more efficient
transportation systems.
3. Is the zoning regulation designed to secure safety from fire and other dangers?
Any development will continue to be required to meet building, fire, and health codes. One
of the key aspects of this proposal is that building codes allow for eaves to be within five
feet of a property line (the typical side setback) provided that certain fire protections are
Page 2 of 3
built into the design. As part of building permit review, those details can be implemented.
4. Is the zoning regulation designed to promote public health, public safety, and the general
welfare?
The general health, safety, and welfare of the public will be protected by city regulations
which would apply to the development of any of the properties affected.
5. Does the zoning regulation consider the reasonable provision of adequate light and air?
The development standards within the zoning ordinance help provide for appropriate
interaction between developed properties, including light and air. The eave encroachment
being proposed would be a minimal encroachment into the existing setback area and
substantially maintains adequate light and air between properties.
6. Is the zoning regulation designed to facilitate the adequate provision of transportation,
water, sewerage, schools, parks, and other public requirements?
The zoning ordinance creates a more predictable, orderly, and consistent development
pattern. That pattern allows for a more efficient allocation of public resources and better
provision of public services.
7. Does the zoning regulation consider the character of the district and its peculiar suitability
for particular uses?
The eave encroachment does not change the character of the residential districts. The
primary use would continue to be residential. The amendment would only impact eaves
with more flexibility in building design.
8. Does the zoning regulation consider conserving the value of buildings?
Building values are conserved by providing reasonable standards within zoning districts and
through development standards under city regulations including building and fire codes.
9. Does the zoning regulation encourage the most appropriate use of land throughout the
municipality and promote compatible urban growth?
The amendment helps create consistency throughout comparable zones, which promotes
compatible urban growth.
RECOMMENDATION
Staff recommends that the Kalispell City Planning Commission adopt the findings in staff report
KZTA-25-01 and recommend to the Kalispell City Council that the proposed amendment be
adopted as provided herein.
Page 3 of 3
Development Services
CITY OF Department
Kalispell, MT 59901
111CAILISPEILIL 201 1st Avenue East
Phone (406) 758-7940
ZONING TEXT AMENDMENT
Email: planning(a)kalispell.com
Website: www.kalispell.com
Project Name
Eagle Valley Ranch
Property Address
Flathead County Tract 2921 X1 9-XXX-3
NAME OF APPLICANT
Hayden Homes
Applicant Phone
1509-824-2977
Applicant Address
250 SE Timber Ave
City, State, Zip
Redmond, OR 97756
Applicant Email Address
phagen@hayden-homes.com
If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application.
OWNER OF RECORD
Spartan Holdings LLC
Owner Phone
1 406-250-1892
Owner Address
341 W 2ND ST STE 1
City, State, Zip
ISAN BERNARDINO, CA 92401-1804
Owner Email Address
CONSULTANT (ARCHITECT/ENGINEER)
Phone
Address
City, State, Zip
Email Address
POINT OF CONTACT FOR REVIEW COMMENTS
Peter Hagen
Phone
1509-824-2977
Address
250 SE Timber Ave
City, State, Zip
Redmond, OR 97756
Email Address
phagen@hayden-homes.com
List ALL owners (any individual or other entity with an ownership interest in the property):
Development Services
c rry c>r= Department
1K..'N IL I S P ELL 2011st Avenue East
Kalispell, MT 59901
Phone (406)755-7940
What is the proposed zoning text amendment? (if modifying an existing code section, please list the specific section - for example: Section 27.07.040(3))
allow exceptions to the 5' setback in residential zoning including the eaves up to 2'
What is the purpose or intent of the proposed text amendment?
The intended request is to allow the setback requirement to meet the standard of the IBC
HOW WILL THE PROPOSED CHANGE ACCOMPLISH THE INTENT AND PURPOSE OF (please attach additional sheets):
a. Whether the new zoning was designed in accordance with the growth policy.
b. Whether the new zoning will affect motorized and nonmotorized transportation systems.
c. Whether the new zoning will secure safety from fire and other dangers.
d. Whether the new zoning will promote public health, public safety and general welfare.
e. Whether the new zoning includes the reasonable provision of adequate light and air.
f. Whether the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements.
g. Whether the new zoning gives consideration to the character of the district and its peculiar suitability of the property for particular uses.
h. Whether the new zoning was adopted with a view of conserving the value of buildings.
i. Whether the new zoning will encourage the most appropriate use of land throughout the municipality.
I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms,
documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge.
Should any information or representation submitted in connection with this application be inorrect or untrue, I understand that any approval based
thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be
present on the property for routine monitoring and inspection during the approval and development process.
Applicant Signature Date
Development Services
Department
CIA Y or
201
KALISPELL hone ( Avenue East
Kalispell, MT 59901
Phone406)758-7940
APPLICATION PROCESS
(application must be received and accepted by the
Kalispell Planning Department 35 days prior to the
Planning Commission Hearing)
A pre -application meeting with a member of the planning staff is required.
Application Contents:
1. Completed application form & attachments
2. Electronic copy of the application materials submitted. Either copied onto a disk or
emailed to planning@kalispell.com (Please note the maximum file size to email is
20MB)
3. Application fee based on the schedule in the link below, made payable to the City of
https://www. kalispell.com/DocumentCenter/View/447/Planni ng-Fees-Schedule-2023-PDF?bid Id=
-ttA D E 1 1
HOMES
Give As You Go
Hayden Homes
250 SE Timber Ave.
Redmond, OR 97756
July 17, 2025
To: City of Kalispell
201 First Avenue E
Kalispell, MT 59901
Subject: Zoning Text Amendment — Residential Setbacks
Dear Kalispell Planning Department,
Hayden Homes is writing to request a zoning text amendment to the City of Kalispell Zoning Code to
allow for exceptions to the setbacks in the Residential Zoning. The current definition of setback includes
"the furthest extension of the structure, typically an eave line or deck."
The proposed amendment would be to include exceptions to the setback that allow for eaves. This
amendment would align the Kalispell Zoning Code with the International Building Code and allow for
homebuilders to maximize the buildable lot area accordingly.
We believe this amendment supports both the intent of the zoning code and the City's broader goals.
The benefits of this proposed change are outlined below:
* This zoning text amendment supports the Kalispell Growth Policy by giving builders the
opportunity to offer diverse floor plans, utilize more of the building lot, and increase
affordability. The current setback code language restricts the size of homes builders can offer on
the same size lot.
* The new zoning will not impact any motorized and nonmotorized transportation systems.
* The new zoning will align with the current Internation fire code and building code requirements
ensuring safety from fire dangers.
* Light and air will not be impacted by the zoning text change amendment. Adequate light and air
are ensured with the 5-foot setbacks between the home and lot line.
250 SE TIMBER AVE. REDMOND, OR 97756 1 800-923-6607
CCB# OR-172526 I WA-HAYDEHL937BH I ID RCE 29-144 1 MT CR 16195A
• The new zoning will have no impact on transportation, water, sewerage, schools, parks, and
other public requirements as the setbacks will reside within the lot sizes already established by
the zoning code.
• The new zoning will not change the character of the district, and it will enhance the suitability of
the property for building homes within the residential zoning by increasing the building
envelope and allowing for a more diverse selection of housing.
If the new zoning is adopted it would enhance the value of the buildings by allowing the builders
to utilize the building envelope provided and maximize the living space offered to the
community.
e The new zoning will encourage the most appropriate use of land throughout the municipality by
allowing homebuilders to increase their offerings and utilize the entire building envelope for
livable space.
Thank you for your consideration of this request. While this change would certainly support the work of
homebuilders, its impact extends well beyond that. By allowing for more efficient use of land, the City
can foster more housing diversity, affordability and thoughtful growth — benefitting future residents and
supporting a stronger, more resilient community.
Sincerely,"
w
Peter Hagen
INW Land Acquisition Manager I P: 509.850.1900 1 Phagen@hayden-homes.com
250 SE TIMBER AVE. REDMOND, OR 97756 1 800-923-6607
CCB# OR-172526 I WA-HAYDEHL937BH I ID RCE 29-144 1 MT CR 16195,11k