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Whitefish may amend controversial measure

| November 20, 2006 1:00 AM

The Daily Inter Lake

A modified storm-water law that scraps the 30 percent slope restriction for some lots will be considered tonight by the Whitefish City Council.

The council postponed a Nov. 6 hearing on the controversial measure and may delay it again if it agrees with City Manager Gary Mark's recommendation. He has suggested the council vote tonight on several amendments to the storm-water law and then hold a hearing on Dec. 4 so there's time to review the changes.

The Whitefish City-County Planning Board last month rejected the permanent version of the interim storm-water measure, maintaining a 30 percent slope restriction is arbitrary and unfair.

Proposed amendments make two big changes.

The first amendment removes the 30 percent slope limitation for existing lots of record and allows structures to be placed on any slope with no limitation on existing platted and unplatted lots, provided that erosion-control measures are met. For all new development and newly created lots, however, the 30 percent limitation would still apply.

A second amendment reduces the slope standard for protection zones from 30 to 15 percent. This means that on any slope over 15 percent, standards for tree removal, grading, erosion control and revegetation would apply.

Other changes include establishing a sunset date for the ordinance and setting up a site plan review committee to deal with reasonable-use exemption requests.

The slope issue is at the center of a lawsuit filed in District Court by William and Theodora Walton, who were denied a site plan for a home on a 45-degree slope. The couple requested a temporary restraining order so they could proceed with construction on Houston Point.

IN OTHER business, the council will consider a request from Whitefish Convention and Visitors Bureau Director Jan Metzmaker, who wants to use the city's hovercraft rescue vehicle to promote Whitefish at the Nov. 25 Grizzly playoff football game in Missoula.

She said the University of Montana mascot, Monte, contacted the city in October, wondering if the hovercraft could be used during halftime.

"Picture Grizzly Stadium chock-full of screaming fans when the Whitefish hovercraft zooms onto the field with Monte on board," Metzmaker said in a proposal letter.

Fire Chief Dave Sipe recommends the council keep the hovercraft in town for its intended purpose - rescue operations on Whitefish Lake.

The council also will deal with a couple of small subdivisions, a two-lot development on 2.6 acres on Lion Mountain road and the four-lot Painted Hills subdivision in the Northwoods area.

The meeting begins at 7:10 p.m. at Whitefish City Hall.