Flathead County settles suit over West Glacier subdivision

Flathead County commissioners have agreed to pay Citizens for a Better Flathead and Sharon DeMeester up to $10,000 in attorney’s fees to settle a lawsuit over a subdivision in West Glacier.

In the spring of 2021 Jane K. O’Hara, Douglas H. Parker, Karen Parker Wandel, Luke P. Hansen, Patrick H. Maloney, and Kirsten Kay Svennungsen asked the county to create a new single-family residential zoning district on 8 acres of land at 489 River Bend Drive, which is near the West Glacier golf course.

The applicants, who are family members, wanted to subdivide the 8-acre property into 1-acre parcels to build homes there.

A zone change was suggested by the county planning office to subdivide the property.

The Middle Canyon Land Use Advisory Board and the Flathead County Planning Board both agreed and passed the plan onto county commissioners with a positive recommendation. Commissioners, in turn, approved the creation of the new zoning district — called the Parker Zoning District — in July 2022.

During hearings on the matter, county planning staff were asked about the possibility of being spot zoning, but it was determined it was not, in their view, because it was, at least in part, close to the already highly developed Glacier View Golf Course area which has condominiums and other residential housing.

Citizens for a Better Flathead and DeMeester, in turn, filed a lawsuit against the county, challenging the process by which the zoning district was created.

They claimed it could open up pathways for other zoning districts in the area that could also do an end-around Canyon Area Land Use Regulatory System and potentially, neighborhood plans across the county.

The suit also claims that the zone change ignores the county growth policy, as well as state law.

DeMeester also brought up those concerns during the board meetings as well.

Mayre Flowers, executive director of Citizens for a Better Flathead, maintained that a solution could be found through the neighborhood plan process and the county could do a plan amendment, just like anywhere else in the county that has a neighborhood plan.

“We’re pleased (the county) took this action,” Flowers said. “And we look forward to working with county commissioners on similar issues.”

Flowers noted the case simply points out that the county has to comply with existing regulations. In this case, CALURS and the Canyon Plan.

If those documents are to be amended, it needs to be done through the appropriate public process, with a comprehensive look at growth and needs for the area, she noted.

Commissioners did not comment on the settlement after they approved it.

In addition, commissioners are set to vote on whether to dissolve the Parking Zoning District following a public hearing on March 7.