Sunday, May 19, 2024
31.0°F

W. Valley motocross track stirs up controversy

by LYNNETTE HINTZE
Daily Inter Lake | July 26, 2010 2:00 AM

A West Valley motocross track that neighbors say is causing noise and dust problems is the focus of a Flathead County Board of Adjustment public hearing on Aug. 3.

Cindy Marvin and Tanner Marvin are seeking a conditional-use permit for a low-impact recreational facility to operate a motocross track at 1665 West Valley Drive.

The track and property are located in an agricultural-80 West Valley overlay zone of the Westside Zoning District.

The track has been in operation for several months, but in April a neighbor filed a zoning complaint with the Flathead County Planning Office, alleging noise disturbance to residents of the nearby West Valley Pines Subdivision. That complaint kick-started an investigation by the Planning Office.

The track initially straddled two zoning districts — the West Valley district that doesn’t allow commercial motocross tracks and the ag-80 overlay in the Westside Zoning District where such a facility may be allowable as a recreation facility if it meets certain criteria and has a conditional-use permit from the Board of Adjustment.

Planner Alex Hogle said the Marvins have changed the configuration of the track so it’s now entirely located in the ag-80 zone.

While the Marvins have made “some good-faith efforts” such as limiting operation of the track to certain hours and reconfiguring the track, the Planning Office nevertheless is recommending denial of Marvin’s application.

“The applicant has to substantiate burden of proof” to take appropriate action toward obtaining a valid conditional-use permit for the facility, Hogle said, adding that the Marvins haven’t supplied the needed documentation to prove that all applicable criteria can be met.

“It’s not my place to find their solutions,” Hogle said.

The Planning Office has received eight written letters from West Valley residents opposed to the track. The biggest concerns are noise that they argue will affect their property values, along with dust and incompatibility with the neighborhood.

The 40-acre parcel that contains the track — on the east side of West Valley Drive between West Reserve Drive and Clark Drive, previously was used as a dairy farm. According to the application, the property is owned by Grosswiler Dairy Inc.

The West Valley Land Use Advisory Committee will weigh in on the motocross track when it meets at 7 p.m. Tuesday at the Stillwater Grange Hall, 1810 West Reserve Drive.

The Board of Adjustment meets at 6 p.m. Aug. 3 in the second-floor conference room of the Earl Bennett Building, 1035 First Ave. W. in Kalispell. The Marvin permit is the last of seven public hearings planned that night.

Other hearings include:

n A request by Whistling Andy Inc. for a conditional-use permit to operate a distillery and tasting room at 8541 Montana 35 in Bigfork.

n A request by John and Joyce O’Hara and Bob and Kathy Reiswig for a conditional-use permit to operate a tavern at the Northern Lights Saloon and Cafe in Polebridge. The business previously operated as a legal nonconforming use, but when the tavern use was discontinued for more than 180 days, it lost its grandfathered status.

The new owners now want to resume operation as a tavern, which requires a conditional-use permit. The applicants are in the process of obtaining a new state all-alcoholic beverages with catering endorsement license.

n A request by Robert Krause for a conditional-use permit for an extractive industry to remove four to five inches of topsoil at 320 Coverdell Road.

n A request by Paul and Virginia DeToni for a zoning variance in the Middle Canyon Zoning District.

n A rehearing of Nodding Onion’s request for a zoning variance at 980 Demersville Road in Kalispell.

n A continued hearing for a request by Jeannine Zollinger for a conditional-use permit to allow a family hardship dwelling at 161 West Valley Acres.