Amendment on revoking variances to be considered by Planning Board

A proposed zoning text amendment giving the Flathead County Board Adjustment the ability to revoke variances has been fine-tuned and will be considered at a Planning Board public hearing on Feb. 10.

The amendment initially was part of a package of 11 text amendments — most of them minor housekeeping changes — but was singled out by county commissioners in November 2009 because it lacked an explanation of how due process would be handled if a variance were considered for revocation by the Board of Adjustment.

Specifically, they wanted an explanation of how the hearing process would work in cases showing evidence that the terms and conditions of a variance are not being met.

The Planning Board also had recommended denial of the initial proposal, for the same reason.

The new application notes that the Board of Adjustment would need to adopt findings of fact and hold a public hearing before a variance could be recommended for revocation.

The County Attorney’s Office requested the amendment in the wake of Robert Beasley’s lawsuit against the county and Board of Adjustment following a dispute over a gravel-pit permit.

In that case, Zoning Administrator Jeff Harris initially agreed that the permit could be transferred, but after Flathead Citizens for Quality Growth appealed that decision, the Flathead Board of Adjustment denied the permit transfer to Beasley in 2006.

The Montana Supreme Court ruled in the county’s favor earlier this year in the Beasley lawsuit, but one of Beasley’s allegations was that there is nothing in the zoning regulations saying the Board of Adjustment has the power to revoke variances and permits.

ALSO ON the Planning Board agenda is a public hearing to adopt standards for electronic signs in response to changing technologies. Advances in digital technology have made it possible to alter a sign’s message and animation at more frequent intervals, allowing for infinite message changes in a more brightly lit format that increases the possibility for driver distraction, according to the Planning Office staff report.

The board also will discuss the county transportation plan and video conferencing capabilities.

The meeting begins at 6 p.m. Wednesday, Feb. 10, at the second-floor conference room of the Earl Bennett Building, 1035 First Ave. W. in Kalispell.