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4. Ordinance 1477 - Text Amendment - Historic Non-conforming Structures - 2nd ReadingZD'•Z s SUBJECT MEETING DATE: Tri-City Planning Office 17 Second Street East - Suite 211 Kalispell, Montana 59901 Phone: (406) 751-1850 Fax: (406) 751-1858 tricity agcenturytel.net Kalispell Mayor and City Council Tom Jentz, Director Chris A. Kukulski, City Manager Second Reading - Leshia Wright Stroisch - Kalispell Zoning Ordinance Text Amendment - Changes to Historically Significant Structures August 18, 2003 BACKGROUND: This is the second reading on a request for a zoning text amendment to allow architectural features of historically significant residences within the city of Kalispell to be restored if they encroach into a required zoning setback. It is felt that this amendment will be one more opportunity to encourage owners of historically significant structures within the city to maintain and restore these structures to their original significance and grandeur. Any expansion into the setback area on an existing structure will have to comply with the Uniform Fire Code and Building Codes. Additionally, the amendment would require that these requests go through the Architectural Review Committee to insure that the intent of the provisions are being met and that the proposed changes actually further the integrity of the buildings and the neighborhoods where they exists with minimal impacts to adjoining property owners. The Kalispell City Council held the first reading on August 4, 2003. RECOMMENDATION: A motion to approve the second reading of the ordinance would be in order. FISCAL EFFECTS: None. ALTERNATIVES: As suggested by the city council. Respectfully submitted, '��A ;W� - - Thomas R. Jen z Director Report compiled: August 12, 2003 c: Theresa White, Kalispell City Clerk Chris A. Kukulski City Manager Providing Community Planning Assistance To: City of Kalispell • City of Columbia Falls • City of Whitefish • ORDINANCE NO.1477 AN ORDINANCE AMENDING THE KALISPELL ZONING ORDINANCE, (ORDINANCE NO. 1460), BY ADDING A NEW SECTION 27.25.046 ENTITLED "CHANGES TO HISTORICALLY SIGNIFICANT RESIDENTIAL STRUCTURES", AND DECLARING AN EFFECTIVE DATE. WHEREAS, Leshia Wright Stroisch has submitted a written request to amend Section 27.25.045 of the Kalispell Zoning Ordinance, by amending changes to non -conforming residential structures to allow for minor encroachments into setback areas in order to gain, regain, or maintain historical integrity, 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 anew section be created under Chapter 27.25 entitled "Changes to Historically Significant Residential Structures" allowing historically significant homes to encroach into the setback areas under certain conditions, 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-03-4 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: SECTION I. 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 18TH DAY OF AUGUST, 2003. Pamela B. Kennedy Mayor ATTEST: Theresa White City Clerk LESHIA WRIGHT STROISCH KALISPELL ZONING ORDINANCE TEXT AMENDMENTS 27.25.046: Changes to Historically Significant Residential Structures. Modifications to existing historically significant residential structures that might be eligible or are on the historical registry will be allowed to encroach into the setback areas established for the district in which they are located if the purpose of the modification is to regain the historical integrity of the building. Any modifications, alterations, additions or other changes to a historically significant residence will be subject to review and approval by the Architectural Review Committee and subject to all gp hp 'cable building and fire codes.