Subdivision OK'd on Church Slough

Flathead County commissioners on Tuesday granted preliminary approval for a subdivision on Church Slough, with an agreement that paves the way for a public boat access.

The commissioners debated whether they could legally consider the agreement, reached between developer Dennis Carver and Flathead Wildlife Inc., as part of their deliberations for Carver's 11-lot River Vista subdivision.

That agreement did not exist when the county Planning Board considered the subdivision last month, and a state law prevents the commissioners from considering "new information" in land-use planning. The commissioners had the option of returning the project to the Planning Board.

Commissioner Dale Lauman sidestepped that matter by saying the agreement has no bearing on his decision to support preliminary plat approval for the subdivision. Commissioner Gary Hall agreed with Lauman.

Commissioner Joe Brenneman voted no, "not because it's an inappropriate subdivision, but because I think it's inappropriate to proceed at this time."

The subdivision review was preceded by a controversial abandonment of a stretch of Wagner Lane that hugs Church Slough, effectively turning Carver's water-view lots into waterfront lots. Carver built a new road with utilities away from the slough.

Flathead Wildlife objected to the abandonment, saying it did not provide "substantially the same" access to the slough that has existed for decades. The group threatened to sue the county, arguing that it had violated that state law.

As a concession to Flathead Wildlife, Carver agreed to expand a proposed public parkway dedication, providing 150 feet of frontage on the slough, extending 300 feet away from the water, with additional land for a road. That is adequate land for a public boat launch.

For years, there has been

no formal launch, only a rugged area that has been used to launch watercraft.

Carver also agreed to build a hike/bike path along the new stretch of Wagner Lane.

While those concessions were satisfactory to Flathead Wildlife, and were added to a list of more than 20 conditions for the subdivision, not everybody is happy with the outcome.

Real estate broker Roy Hutchin said he and several other lower valley residents do not believe that "substantially the same" access has been provided. The 150 feet of frontage does not replace 340 feet of Wagner Lane that was abandoned, he said.

Hutchin contends that is the commissioners' duty to protect public access.

Hutchin also questions whether the county legally abandoned the road without having the support of all residents on Wagner Lane, and he was frustrated at not having an opportunity to speak at Tuesday's proceedings.

Brenneman at one point advised Hutchin that procedural opportunities for public comment on the abandonment and the subdivision had expired last month.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com