Board to hear appeal on North Fork zoning issue

The Flathead County Board of Adjustment on Tuesday will review an appeal filed by the North Fork Land Use Advisory Committee regarding recent interpretations by the county zoning administrator, including one that determined tents can possibly be considered a guest or rental cabin in the North Fork Zone.

The appeal is in relation to a recent application for a conditional-use permit that would have allowed for a yoga retreat center at 1070 Numa Peak Lane in Polebridge. The property contains a single-family dwelling, cabin, storage, four canvas tents on wooden platforms and other items. That application, submitted by Montana Yoga Adventures LLC, was denied on multiple grounds during the board’s August meeting.

According to county documents, after the application was denied Aug. 4, a zoning determination letter was sent to the applicant, outlining the permitted uses available on the property. Interpretations in the letter included “one rental cabin would be allowed per parcel in conjunction with a single-family dwelling,” and that a canvas wall tent could be used as a guest cabin. These interpretations are what the committee has taken issue with.

The appeal highlights three primary concerns.

The first is related to rental cabin density in which the committee states under North Fork Zoning Regulations, a rental cabin may be built at a density of “one for each five acres of contiguous property owned,” not one rental cabin per parcel owned. For example, if the applicant owns two 2.6-acre parcels that are contiguous to each other, the applicant would be entitled to only one rental cabin for the 5.2 acres.

But in a memo from Planning Director Mark Mussman, who serves as the zoning administrator, he states the committee is only using a portion of the entire definition to make its argument. Mussman writes, “the portion of the definition that appears to have been forgotten by the applicant is, ‘one rental cabin is allowed per tract of record regardless of acreage.’” The properties in question are two separate tracts of record.

The other two concerns in the committee’s appeal are related to the definition of a guest cabin.

The appellant states a canvas wall tent does not meet the county’s definitions for “structure” or “building.” For example, “structure” is defined as “a combination of materials constructed and erected permanently on the ground or attached to something having a permanent location on the ground…” In addition, a guest cabin is, by definition, a detached “structure” while a tent is not, the committee argues.

But the Flathead County zoning regulations define a building as, “any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel.” In Mussman’s memo he said the structures in question — the canvas tents — do seem to meet the definitions of both “building” and “structure.”

Mussman also stressed in his memo that if the committee is unhappy with the wording of the regulations, “the most appropriate means to correct the issue is to propose a text amendment,” instead of filing an appeal.

He also said the committee did not state in its appeal exactly how they are “specifically aggrieved by the interpretation of the North Fork regulations.” County zoning regulations require all appeals be based on an allegation that the zoning administrator erred in the interpretation of regulations and that the “erroneous interpretation specifically aggrieved the appellant.”

IN OTHER news, the board will also review a request for three duplexes to be placed on a property in the Evergreen Zoning District and a request for a conditional-use permit for a mini-storage facility to be placed on a property within the Willow Glen Zoning District.

The request for duplexes comes from APEC Engineering on behalf of Rockin Roy’s Rentals Limited Liability Company. The subject property is located at 348 Mountain View Drive, is zoned residential apartment and is approximately 1 acre in size.

The request for mini storage comes from Donald Scott Davis for the property located at 36 and 40 Davis Court in Evergreen. The property is less than 1 acre in size and is zoned two-family residential.

The Board of Adjustment will meet Tuesday, Oct. 6, at 6 p.m. in the Country Kitchen Building at the Flathead County Fairgrounds in Kalispell.

Reporter Kianna Gardner can be reached at 758-4407 or kgardner@dailyinterlake.com