Ordinance 1511 - FAILED - Zoning Text Amendment - Decks Encroaching into SetbackMOTION FAILED 09/07/04
ORDINANCE NO. 1511
AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE
NO. 1460), BY ALLOWING OPEN DECKS LESS THAN 30 INCHES IN HEIGHT TO
ENCROACH UP TO 50 PERCENT INTO THE SIDE AND REAR YARD SETBACK AREAS
IN ALL RESIDENTIAL DISTRICTS, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, William C. Rice has submitted a written request to amend Section 27.22.020 of the
Kalispell Zoning Ordinance, by allowing open decks less than 30 inches in height to
encroach up to 50 percent into the side and rear yard setback areas in all residential
districts, and
WHEREAS, the request was forwarded to the Kalispell City Planning Board and Zoning
Commission by the Tri-City Planning Office after having been evaluated under
27,14.030, Kalispell Zoning Ordinance, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission recommended that open
decks less than 30 inches in height be allowed to encroach up to 50 percent into the
side and rear yard setback areas in all residential districts be denied, and
WHEREAS, the City Council has reviewed the TCPO Report and the transmittal from the
Kalispell City Planning Board and Zoning Commission and hereby adopts the
findings made in Report #KZTA-04-3 as the Findings of fact applicable to this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION L The City of Kalispell Zoning Ordinance, Ordinance No. 1460, is
hereby amended as follows on Exhibit "A", attached hereto and
thereby made a part hereof.
SECTION II. All parts and portions of Ordinance No. 1460 not amended hereby
remain unchanged. .
SECTION III. 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 DAY OF , 2004.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
EXHIBIT A
KALISPELL ZONING ORDINANCE TEXT AMENDMENT
27.22,020: Accessory Uses, Subsection 3, Accessory Use Restrictions
h Open decksporches and landings less than 30 inches in height can
extend into the required side and rear yard setbacks...up to 50 percent.