Bigfork committee opposes vacation rental proposal

The Bigfork Land Use Advisory Committee has recommended denial of a Bigfork couple’s request to operate two vacation rental homes on their property.

Bill and Alana Myers have applied to the Flathead County Planning Office for administrative conditional-use permits to offer two short-term rentals at their Ten Arrows Ranch off McCaffery Road.

Flathead County recently adopted performance standards for short-term rental housing, and having an administrative conditional-use permit is one of the requirements. Permit applications without public opposition are considered in-house by Planning Director Mark Mussman, who serves as the county zoning administrator, but if opposition is presented the application then goes to the county Board of Adjustment for a decision.

The land-use advisory committee’s recommendation will be forwarded to the Board of Adjustment, which meets Nov. 7 to consider the application.

The Myerses have an embattled past with their neighbors. Their commercial wedding facility was shut down four years ago because of a zoning violation after neighbors complained about noise, traffic and general neighborhood intrusion.

The Myerses held weddings at their ranch for two summers, but when they ramped up to a full schedule in 2013, neighbors complained about the noise, dust and other intrusions. The county Planning Office investigated and shut down the facility because the property isn’t zoned to hold weddings.

In October 2014 Alana Myers pleaded guilty in Flathead County Justice Court to a criminal misdemeanor for violating county zoning laws. Even though the Myerses had agreed to no longer accept payment for use of the wedding facility, Alana Myers had continued to hold weddings and receive payment throughout a 30-day notice to desist issued by the county, and a subsequent reminder period, and by then the 2013 summer wedding season was over.

Last year the Myerses sought a conditional-use permit to establish a high-impact recreational facility and caretaker’s facility at their ranch, a zoning designation that would have allowed them to continue holding weddings. That application was withdrawn amid more opposition from neighbors.

Now neighbors claim the couple is using short-term rentals as a back-door way to host weddings and other large events at their ranch.

When they applied for the administrative conditional-use permits, their Airbnb posting noted, “If guests rent both log homes and bunkhouse for a week minimum, they may use our huge and awesome barn with wood floors (houses no animals) for family reunions or other celebrations …For an extra fee of $30/night, we would allow a self-contained RV,” according to the planning staff report.

The county Planning Office notified the couple on Aug. 28 that renting the bunkhouse, hosting events and allowing RV rentals onsite are not permitted uses on the property, and that a short-term rental housing permit allows for only renting the structure on the specified lot.

After listening to neighbors’ concerns about the couple’s vacation rentals and considering their past history of compliance issues related to the wedding venue, land-use committee member Joyce Mitchell asked Mussman how the board should respond, given the applicant is known to have a history of violating zoning regulations.

Mussman said there’s nothing in the review criteria that takes history into account. There are conditions of approval, and if the conditions are not met, the applicant faces revocation of the permit.

Bill Myers told the committee at its Oct. 26 meeting that the use of short-term rentals on their property is a more neighborly use than a wedding venue.

In response to testimony from Dan DeMars, who said he lost his long-time renter Oct. 1 due to the Myerses’ intrusive vacation rental activity, Myers said they will not allow amplified music at their rentals. He acknowledged they did rent their properties in July and August, but removed all Airbnb listing information for their rentals on Oct. 12.

Myers also said they held a family wedding at their ranch on Aug. 27, but notified the Planning Office in advance in an effort to “rebuild their reputation,” according to land-use committee minutes.

During committee discussion, committee member Chany Ockert pointed out the application doesn’t comply with the Bigfork Neighborhood Plan, which states “alternative economic development should be supported, but not to the detriment of the quiet enjoyment of the residents within the Bigfork Planning Area.”

The neighborhood plan also encourages housing that maintains traditional development patterns while protecting property values and natural resources.

The Flathead County Board of Adjustment will meet at 6 p.m. Tuesday, Nov. 7, in the second floor conference room of the South Campus Building, 40 11th St. W., in Kalispell.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.