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Lakeside marina grounded for a month

by WILLIAM L. SPENCE The Daily Inter Lake
| October 15, 2004 1:00 AM

Following three hours of testimony, the Board decided to table the issue temporarily.

Opponents of a major Lakeside marina proposal turned out in force for a public hearing on Wednesday, but they'll have to wait another month for the Flathead County Planning Board to make a recommendation in the case.

Following three hours of testimony on Montana Eagle Development's request for a major lakeshore variance, the board decided to table the issue temporarily. The board will take it up again at a special meeting on Nov. 17 and provide a recommendation then.

The delay will give board members time to read the mass of written material and comments submitted at the hearing and over the last few days.

Montana Eagle Development wants to build what would be the largest marina on Flathead Lake, and possibly the largest in Montana. The company, which also is developing the Eagle's Crest subdivision south of Lakeside, is seeking a major lakeshore variance to upgrade and expand an existing marina located across from Bierney Creek Road, adjacent to the county boat launch.

About 50 people turned out for Wednesday's hearing. More than 20 spoke in opposition and six spoke in favor of granting the variance.

Trevor Schaefer, one of the partners in Montana Eagle Development, said the company has several goals for the project, including improving and expanding public access to Flathead Lake and renovating the existing dilapidated facility.

"We really think this marina needs to be restored as a gathering spot for the Lakeside community," he said.

Many of those who spoke Wednesday expressed widespread support for that goal. They disagreed sharply, however, about whether the facility needs to be expanded to achieve it.

The existing marina was built before the lakeshore protection regulations were adopted. It already exceeds the regulations substantially, and Montana Eagle Development wants to expand it even more.

To do so, the company needs variances to almost two dozen specific lakeshore regulations.

For example, the rules allow 15 square feet of impervious surface within the Lakeshore Protection Zone for every foot of shoreline on the property. By that standard, the marina is allowed 12,750 square feet of dock and building space - but the current facility has 53,550 square feet and Montana Eagle Development wants to increase that to 110,875 square feet.

The current regulations also restrict dock length to a maximum of 100 feet. However, the existing docks extend 179 to 350 feet, depending on where they're measured, and the proposal would extend them to an average of 505 feet and a maximum of 664 feet.

"The current facility already [exceeds] every major standard in the Lakeshore Protection Regulations, and the applicant is now proposing to entirely ignore the impervious structure standard. They're requesting an unprecedented major variance," said Roger Sullivan, an attorney representing the Flathead Lake Protection Association, a group that opposes the marina expansion.

Several speakers expressed concerns that, if this request is approved, then similar projects would be proposed elsewhere on Flathead Lake or on Whitefish Lake.

Schaefer said the variance is warranted, given the public benefit in terms of improved lake access. The expanded marina would have 196 total boat slips - up from the 86 that could fit within the existing facility. Of those new slips, 86 would be reserved for Eagle's Crest homeowners, 14 would be available for transient boaters and 96 would be set aside permanently for long-term public rental.

"That's one of the primary reasons why we feel this project is extremely beneficial to the public," he said.

Lakeside businessman Mike Burr agreed, saying the amount of public access that's available is very small for a lake of this size.

"The proponents of this project are just as concerned about water quality and safety as the opponents," Burr said. "My primary reason for speaking in favor is access. This developer is offering greater access, and I think we should welcome it."

However, several opponents speculated that only a privileged few would be able to afford these 96 "public" boat slips. They would be a major revenue source for the marina, but local boaters would see little or no benefit, opponents said.

Speakers also slammed the environmental impact analysis provided by Montana Eagle Development, saying it lacked the kind of factual, scientific research needed to justify the company's claims that water quality and fish habitat would be unharmed.

"The document is grossly inadequate in addressing water quality issues and ecological impacts that would be associated with the proposed expansion," Mark Lorang, a research professor with the Flathead Lake Biological Station, said in a written comment.

Montana Fish, Wildlife and Parks also expressed concerns, saying the environmental analysis was "inadequate to address impacts to water quality, fish and wildlife habitat and water recreation."

Brett Kulina, a Lakeside businessman and president of the Lakeside Community Council, suggested that the planning board allow the company to upgrade the marina within its existing footprint, but that any expansion be postponed until the lakeshore regulations are reviewed and improved.

"When 23 variances are needed for a project like this, it tells me that it isn't the project that's flawed - it's the government regulations," Kulina said. "I think you have to allow this development to move forward, but you also have to protect the existing regulations. The only way to do that is to revise the marina review standards prior to granting all these variances."

The board won't accept any further public comment prior to or during the Nov. 17 meeting, which takes place at 7 p.m. (A growth policy workshop that was previously scheduled for that meeting has been canceled.)

Once the board makes a recommendation, the issue will go to the Flathead County commissioners for another public hearing and for final action.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com