Opposition voiced over rural Bigfork vacation rental proposal

The Flathead County Board of Adjustment will start the new year on Jan. 4 by weighing in on a request for short-term rental housing in Bigfork that has drawn opposition from neighbors.

Jeanne Bayer of Cherry Hill Lodge, LLC has asked for an administrative conditional-use permit to allow vacation rentals within a single-family home at 9248 Montana 35 in Bigfork. However, if written opposition from adjacent property owners was received prior to the end of the comment period and the expressed concerns of opposition cannot be resolved by the applicant or by conditions of approval, the Board of Adjustment is required to review the request.

The board will hold a public hearing at 6 p.m. Tuesday, Jan. 4, in the second-floor conference room of the South Campus Building, 40 11th St. W. in Kalispell.

The Cherry Hill Lodge property is roughly 3.65 acres, and the applicant is not proposing to construct any additional buildings, according to the Planning Office staff report. It is accessed by an unnamed private gravel road off Montana 35.

Based on the planning staff’s site visit and application materials, “it appears the subject property has adequate usable space to accommodate short-term rental housing,” the staff report stated.

Several of the neighbors wrote letters of concern about traffic and impacts on the privately maintained road, but the staff review found that because the rental will be limited in the number of maximum occupants, the short-term rental traffic would be similar to other single-family homes in the area.

Neighbors Don and Rebecca Bauder wrote that the road shared by seven property owners is a steep, approximately 1,500-foot gravel drive, subject to wash-boarding and ruts.

“We, who live here, use all wheel drive vehicles and are skilled at navigating the road, minimizing impact. Rental users, unfamiliar with such driving conditions, impact road wear, thereby increasing the road maintenance covered by the property owners,” the Bauders wrote.

They asked that if approved by the board, the rental agreement clearly define how the road would be used, and that there is no access to nearby Flathead Lake from the Cherry Hill Lodge property.

Neighbors also take issue with what they view as a commercial use in a residential neighborhood. Some neighbors pointed to a 2004 court ruling that resulted in a permanent judgment against Margrit Matter, doing business as The Bohemian Grove, in that same area. Neighbors sued Matter and a Flathead District Court ruling ordered her to desist from hosting weddings and events at the property, 9264 Montana 35.

Adjoining property owners believe the court ruling sets a precedent for not allowing activities such as vacation rentals in the neighborhood.

However, the planning staff report notes that according to the county’s legal review, the judgment and permanent injunction affecting the subject property does not prohibit use of the property for residential purposes, including short-term rental housing.

IN OTHER business, the board will hold three other public hearings:

George J. Joseph, on behalf of Falcon 48, LLC, is asking for a conditional-use permit to construct a 10-unit apartment building at 48 West Evergreen Drive.

MKR McDermott Lane, LLC, is asking for a conditional-use permit for a recreational facility to be located along McDermott Lane near Kalispell within the Highway 93 North Zoning District.

Cesar and Alexandra Avila have requested a variance of setback requirements at 881 Trail Creek Road in Polebridge to accommodate an 18-by-24 foot guest house. The bulk and dimensional requirements within the North Fork Zoning District require a 100-foot front yard setback for new buildings. Additionally, a 150-foot setback is required from the high-water line of rivers, streams, and lakes (over 20 acres in size). The property is bordered to the north by a seasonal creek that essentially serves as the northern property boundary. Because of the setback requirement for the road (100 feet) and the creek (150 feet), the property is not wide enough to meet these requirements, according to the planning staff report.

Board of Adjustment decisions are considered final.