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13b. Ordinance 1323 - Text Amendment - Side Corner Setbacks - 2nd ReadingORDINANCE NO. 1323 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1175) , ADDING A NEW SECTION 27.22.140 BY ALLOWING ADJUSTMENT OF THE SIDE CORNER SETBACK ON CORNER LOTS IF THE DISTANCE BETWEEN THE SIDE SETBACK AND THE SIDE CORNER SETBACK IS LESS THAN 35 FEET IN WIDTH, AND DECLARING AN EFFECTIVE DATE. WHEREAS, City of Kalispell has submitted a written request to amend the Kalispell Zoning Ordinance, to allow for an adjustment of the side corner setback on lots where the distance between the side set back and the side corner set back is less than 35 feet in width, 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 27.14.030, Kalispell Zoning Ordinance, and WHEREAS, FRDO evaluated the requested text amendment and recommended, per Report #KZTA-99-6, allowing for said adjustment, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission recommended that the text of the Kalispell Zoning Ordinance be amended allowing for such an adjustment, 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-99-6 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 I. The City of Kalispell Zoning Ordinance, Ordinance No. 1175, is hereby amended as follows: Section 27.22.140. Notwithstanding any side corner setback otherwise required under this ordinance, if the distance between the side setback and side corner setback on a corner lot is less than 35 feet, development may occur within the side corner setback to either a point 35 feet from the side setback or ten (10) feet from the side sidecorner.wpd 1 corner property line, whichever generates a lesser encroachment. 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 JULY, 1999. Wm E. Boharski Mayor ATTEST: Theresa White City Clerk sidecorner.wpd 2