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15. Ordinance 1315A - Ockey - 2nd ReadingORDINANCE NO. 1315A AN ORDINANCE AMENDING SECTIONS 27.09.040(3), 27.10.040(3), AND 27.11.040(3) OF THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175), BY AMENDING THE MINIMUM SIDE YARD SETBACK TO TEN FEET IN THE RA-1, RA-2, AND RA-3 ZONING DISTRICTS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, Richard Ockey has submitted a written request to amend Section 27.09.040(3) of the Kalispell Zoning Ordinance, by reducing the'minimum side yard setback from ten feet to ten feet plus one additional foot for each foot over 25 feet in height in the RA-1, Low Density Residential Apartment District, and WHEREAS, the request was forwarded to the Kalispell City - County Planning Board and Zoning Commission by the Flathead Regional Development Office after having been evaluated under 27.09.040(3), Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-4, that the minimum side yard setback be amended from ten feet to ten feet plus five additional feet for each increment of five feet above 25 feet in height in the RA-1, RA-2, and RA-3 Zoning Districts, and WHEREAS, dissenting votes on the Kalispell City -County Planning Board and Zoning Commission recommended a ,side yard set back of 10 feet, ; and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended to establish that the minimum side yard setback from ten feet to ten feet plus five additional feet for each increment of five feet above 25 feet in height in the RA-1, RA-2, and RA-3 Zoning Districts, and WHEREAS, the City Council has reviewed the FRDO Report and the transmittal from the Kalispell City -County Planning Board and Zoning Commission and hereby adopts the findings made in Report #KZTA-99-4 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: RA-1 side yard to A.wpd 1 SECTION I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: Section 27.09.040: Property Development Standards. ... (3) Minimum Yards (FT) : Side Yard - 10 feet Section 27.10.040: Property Development Standards. ... (3) Minimum Yards (FT) : Side Yard - 10 feet Section 27.11.040: Property Development Standards. ... (3) Minimum Yards (FT) : Side Yard - 10 feet SECTION II. All parts and portions of Ordinance No. 1175 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 JUNE, 1999. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk RA-1 side yard to A.wpd ;2