Commissioners reverse decision on subdivision

The Daily Inter Lake

The Flathead County commissioners approved a minor subdivision in Smith Valley on Wednesday, reversing a decision they made two weeks ago to deny the project.

The Nez Perce subdivision involves five lots on about 10 acres. It's one of a quartet of minor subdivisions proposed near the intersection of Batavia Lane and Kienas Road.

In November, the Flathead county attorney's office recommended that all four projects be denied in their present form because they seemed to be an attempt to evade local subdivision laws, which require a public review of subdivisions that have more than five lots.

However, that recommendation was rescinded shortly thereafter, largely because the property owners and developer have more than $250,000 invested in the projects, which received a preliminary plat waiver from the commissioners earlier this year.

"Given that they were relying on the preliminary plat approval they got from the county, it wouldn't be fair to deny their projects," noted Deputy County Attorney Peter Steele on Dec. 9.

Nevertheless, the commissioners only approved three of the minors. A motion to approve the Nez Perce subdivision failed because neither Commissioner Howard Gipe or Commissioner Gary Hall were willing to second it.

Gipe, however, joined Commissioner Bob Watne in voting to approve the findings of fact for the project - setting in motion Wednesday's reversal.

The findings of fact essentially say the developer has met all the conditions and requirements for the subdivision. Consequently, Steele said Wednesday that there's no legal basis to deny it.

"I still think [the four minors] are in violation of the subdivision regulations," Steele said. "But based on the approval of the findings of fact, I'm recommending that Nez Perce be approved - and that the county be more vigilant in the future."

The final plat for the subdivision was approved 2-1, with Gary Hall voting in opposition.