Homeowner sues county commissioners over zoning decision regarding fence

The homeowner who was denied a property zone change earlier this year for an already erected fence is suing the Flathead County commissioners.

Jason Garza has filed a lawsuit in Flathead County District Court asking the court to reconsider the zone change for “medical reasons.” Garza has filed the petition pro se meaning he is acting as his own attorney in the case.

Garza says that the 8-foot tall privacy fence around his Kalipsell residence is designed to alleviate the severe post traumatic stress disorder symptoms he experiences. The home is on Lake Hills Lane.

Commissioners in January denied a request from Garza to rezone the property from R-1 residential to SAG-5 suburban agricultural. In R-1, the maximum fence height is 4 feet in the front and 6 feet on the sides and rear of the property, while SAG-5 has no maximum fence height.

The lawsuit was filed in late February.

The barrier, a mix of wooden privacy fence and chain link with green netting, surrounds the property. It was constructed prior to the request for the zone change.

The fence became a point of contention with neighbors who have said the fence not only violates zoning but also created an unwelcoming environment in the neighborhood. Commissioners said they denied the request based on zoning alone.

Garza submitted a letter to the county in August 2022, according to court documents, saying that he was requesting a reasonable accommodation and would be installing the fence. He said the fence would allow him to water trees as a therapeutic remedy for post traumatic stress disorder symptoms. The fence would allow him to perform the act in peace without harassment from neighbors, he said.

“Without the variance approval, I will not be able to care for myself and mental well-being properly,” he wrote.

In the lawsuit, Garza said his request for a “reasonable accommodation” in accordance with the Fair Housing Act was denied by the commissioners’ decision.

The federal Fair Housing Act protects people from discrimination based on race, color, national origin, religion, sex, familial status and disability when they are renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.

The act prohibits local governments from making zoning or land use decisions that exclude or otherwise discriminate against individuals protected by fair housing law.

Garza claims that by denying the rezone, commissioners refused to make a reasonable accommodation under the act when necessary to do so for a “person with disabilities to have an equal opportunity to use and enjoy a dwelling” in violation of the Fair Housing Act.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.