Kalispell council expands use of accessory dwellings

After 10 months of back-and-forth discussions, the Kalispell City Council on Monday voted to authorize an expansion of accessory dwelling units in specific city zones.

The passage of the beleaguered ordinance was as contentious as the lengthy run-up to the Monday meeting.

"It's a little bit of a chorizo sausage night, isn't it? Spicy," said council member Tim Kluesner in summary of the discussion.

The final vote was 7-1. Council member Chad Graham voted against the ordinance, and council member Kari Gabriel was absent.

The agreed-upon resolution makes it possible for property owners to build secondary units on lots in the zones where duplexes already are allowed. The ordinance does not allow accessory dwelling units in single-family residential zones.

The expansion also carries several specificities for would-be owners and builders.

Accessory dwellings are limited to 1,000 square feet of gross floor area living space, and homeowners who would like to add an accessory unit to their property must secure an administrative conditional-use permit. This permit includes a provision for notifying neighbors of the intended plans, but in discussion Monday, City Attorney Charles Harball explained the permit would typically only be denied if a proposed accessory dwelling were to violate city code. Neighbors would not be able to stop the installation of an accessory dwelling simply because they might not want one on a nearby lot.

Additionally, the units will be forbidden from use as short-term rentals for fewer than 30 days.

Kluesner proposed excluding short-term rentals from eligibility after multiple people voiced concern about the impact of Airbnbs and VRBOs on housing availability.

Kluesner was forceful in the push against short-term rentals: "If you're not willing to do this, then let's forget about doing anything for affordable housing down the road," he said.

He ultimately prevailed. The amendment passed in a 4-3 vote. Council members Sid Daoud, Kyle Waterman and Chad Graham voted against the amendment. In favor were Kluesner, Ryan Hunter, Sam Nunnally, Sandy Carlson, and, after some hesitation, Mayor Mark Johnson.

Two additional amendments — to outlaw short-term rentals at the primary residence where an accessory dwelling goes in, and to require a parking space with the addition of a dwelling — both failed.

IN OTHER business, the council approved a set of downtown historic design standards.

The design standards also faced a long road before earning the council's approval.

The Kalispell Downtown Business Improvement District first received funding to create the standards in February 2020.

A&E Design was contracted to develop the standards, thanks to a $15,000 grant from the Montana Department of Commerce.

The standards were aimed at giving guidance — both formal and informal — about façade features on downtown buildings. New construction and building improvements must adhere to guidelines regarding colors, materials, signage and other exterior elements under the standards.

But the standards couldn't be officially added to the city code until the council could agree they aren't overly burdensome for current or future downtown property owners.

"I'm going to keep a wary eye on developments just to make sure that we're not excluding some of our local businesses because they can't afford some of the architectural requirements we're going to have downtown," said Daoud as he gave his begrudging approval.

With that, the standards passed unanimously.

Reporter Bret Anne Serbin may be reached at 406-758-4459 or bserbin@dailyinterlake.com.