County denies zone change to accommodate illegal fence

Saying that the request came about in a backward fashion, the Flathead County commissioners on Thursday unanimously denied a request to rezone property in the Lakeshore Hills neighborhood that has become a source of consternation for neighbors after the owner constructed a fence on the property.

Jason and Raquela Garza were looking for a zone change for 415 Lake Hills Lane in Kalispell to allow for the already erected fence that violates current zoning. The request was to change the zoning from R-1 residential to SAG-5 suburban agricultural.

“This is looking to remedy a violation with the zoning and this is absolutely backward,” Commissioner Randy Brodehl said. “The owner had information available to them that the fence wasn’t allowed with the zoning.”

The barrier, a mix of wooden privacy fence and chain link with green netting, surrounds the property.

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.

Mark and Dyan Fiorentino, with North Star Security, spoke on behalf of the Garzas at the meeting saying that one of the owners suffers from post traumatic stress disorder having served in the military and that constructing the fence was a way to get back to “day-to-day living.” They outlined a number of claims that the Garzas’ home has been watched, uninvited people have walked onto the property and neighbors have harassed the family.

“They are afraid for their lives,” Dyan Fiorentino said.

Neighbors told the board the issue is with the fence that was constructed in violation of zoning regulations, not the Garza family.

“I sympathize with him being in the military and all the reasons that they may need a fence to feel secure and want privacy,” Gina King said. “But the rules regarding the fence were already in place. Everybody in the neighborhood has rights and those should be followed.”

Commissioner Pam Holmquist said the decision comes down to the rezone request, not solving a neighborhood dispute.

“I’ve listened to the testimony today, but what’s before us is about a zone change,” Holmquist said. “Whatever is happening between everyone is up to you to figure out as a neighborhood.”

County Planning Director Erik Mack told commissioners that following the denial of the request a notice would be issued to the owners that the fence must be removed.

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