Fence fractures Lakeshore Hills neighborhood

A fence is dividing neighbors in the Lakeshore Hills neighborhood west of Kalispell in more ways than one.

A Lake Hills Lane homeowner has constructed a fence around their property in a move that those living nearby say has been both unwelcoming and impacting the safety of an adjacent road.

The issue came to light at the Flathead County Planning Board meeting Wednesday as the board considered a zone change request from homeowners Jason and Raquela Garza. They are seeking a zone change for their property at 415 Lake Hills Lane in Kalispell to allow for the already erected fence that violates the current zoning on the property.

“The fence runs up the private road and they built it as close to the road as possible so now it creates a place where snow stays on the road making it dangerous,” Annette Van Horn told the planning board. “We were attracted to this neighborhood because it was private with spacious lots in a community. Now everyone that wants to get into this neighborhood sees this fence.”

The barrier, a mix of wooden privacy fence and chain link with green netting, surrounds the property. Neighbors also took issue with handwritten signs on the fence that say the Lakeshore Hills Homeowners Association is under “full federal investigation” and direct readers to call the U.S. Department of Housing and Urban Development to file a complaint.

“This is a premier neighborhood and there are uses that are not allowed in the R-1 zoning that are in the SAG-5 that would be detrimental to the neighborhood,” Connie Tuman told the planning board.

The request is to change the zoning from R-1 residential to SAG-5 suburban agricultural. The property is about 8 acres in size.

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 planning board gave a negative recommendation for the request, which is forwarded to the county commissioners for a final decision.

“This doesn’t serve the general welfare of the neighborhood and is being done for the wrong reasons,” Chair Jeff Larson said.

Board member Greg Stevens asked if mobile homes would be permitted in the SAG-5 zoning and the planning staff confirmed that certain classes of mobile homes would be allowed.

“I don’t want to make a change that would allow mobile homes in an upscale neighborhood,” he said.

The owners of the property didn’t speak at the meeting, but in their application to the Planning Department they said the fence is intended to “provide more security from both visual and physical encroachment to the property.”

“Trespassers and agitators have encroached this property both visually and physically very recently and to a very threatening level which is causing the landowner’s Post Traumatic Stress Disorder (PTSD) condition to worsen,” the application says.

The owner said they are making the zoning change request under the “rights of the Fair Housing Act and the Americans with Disabilities Act.”

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