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Kalispell council looks at accessory dwelling regs

by BRET ANNE SERBIN
Daily Inter Lake | September 28, 2020 12:00 AM

The Kalispell City Council will take a look at the city’s policies for accessory dwelling units during a work session via Zoom videoconference tonight at 7 p.m.

Accessory dwelling units, defined generally as a second dwelling unit on a property, are often found in separate structures such as a converted garage or a detached garage with a unit above, and they are sometimes referred to as “backyard cottages,” “granny flats,” or “mother-in-law apartments.”

At a meeting on Sept. 14, council member Ryan Hunter requested the council revisit the city’s policies on these spaces. Accessory dwelling units are allowed by the current city code under a few different stipulations based on varying zones.

A “separate dwelling unit” is not allowed in zones R-1, R-2, R-3, R-4, and R-5, but a “guest house” is allowed with a conditional-use permit in the R-1 zone. Duplexes with attached units or basement apartments are allowed in the R-4 and R-5 zones.

In the RA-1, RA-2, H-1, B-1, B-2, B-3 and B-4 zones, two homes are allowed on a single parcel. These structures, and any additional homes beyond two-home maximum, require a conditional-use permit.

The R-2 and R-3 zones are the only areas where an accessory dwelling unit would not be allowed in any case under the current code. These are the primary single-family residential zones in the city.

Accessory dwelling units present an array of benefits and challenges.

They add housing options, generate rental income for property owners, increase occupancy, create communal living and provide opportunities for people such as parents of children who have left their larger home.

There are concerns, however, about parking, traffic, congestion and increased demand for services in areas with accessory dwelling units. Converting spaces such as garages and sheds also raises issues for the property owners and the city with regards to codes, impact fees, setback requirements and other standards.

Based on these considerations, the council will discuss three main questions related to accessory dwelling units during the work session on Monday:

Are second dwelling units on a single property an appropriate use of the land? If so, should they be limited to zones where multiple dwelling units are currently allowed and keep at least the R-2 and R-3 zones as more traditional single-family neighborhoods?

If allowed, should zoning treat the second structure as a second principal use on the property, with the same setbacks, parking standards, etc.?

If allowed, should the second unit be a permitted use or should it require a conditional use permit, with notice to neighbors and a public hearing?

After going over the accessory dwelling unit issue, the council will review its legislative priorities for the upcoming legislative session. The city regularly adopts a set of unified priorities prior to legislative sessions in order to provide guidance and a consistent platform for the council and city staff when addressing state officials.

Following the discussion on Monday, the council will vote to adopt the legislative platform at a future meeting.

The current list of priorities from the last legislative session includes support for: a local option sales tax; maintaining tax increment financing as an economic development tool; streamlining special district legislation; legislation that mitigates the economic impact for increasing regulatory standards for municipalities; legislation that addresses infrastructure needs associated with rapid growth; and legislation that provides options to enhance or improve service delivery for the city of Kalispell.

The public is invited to submit written comments via email at publiccomment@kalispell.com or verbally during the videoconference. To register for the online work session, go to https://us02web.zoom.us/webinar/register/WN_kMmsr1tsQfSAXixIJoFKUg.

Reporter Bret Anne Serbin may be reached at 758-4459 or bserbin@dailyinterlake.com.