Planning Commission

WHITEFISH COMMUNITY DEVELOPMENT BOARD August 15th, 2024 6:00pm A. CALL TO ORDER Chair Steve Qunell called the regular meeting of the WCBD to order. Board members present were Whitney Beckham, Phil Boland, Jon Heberling, John Middleton, Toby Scott, Scott Wurster, and Steve Qunell. John Middleton was absent. Staff present was Senior Planner Wendy Compton-Ring and Legal Assistant Bree James. There were approximately 13 people attending in addition to the Board Members and staff. B. AGENDA CHANGES None C. APPROVAL OF JULY 18TH, 2024 MINUTES Wurster made a motion, seconded by Scott to approve the minutes. The motion passed unanimously. D. COMMUNICATIONS FROM THE PUBLIC (items not on the agenda) Mallory Phillips 937 Kalispell Avenue, Shelter WF spoke about the $15,000 grant they received and how the competition would work. There will be a voting event October 2nd at Bonsai Brewing. E. UNFINISHED BUSINESS None F. PUBLIC HEARINGS: 1. WZV 24-05 A request by Marilynn Sykes is requesting a variance to the fence height requirements for an eight-foot fence. The property is currently developed with a recreational vehicle park and is zoned WB2 (Secondary Business District). The property is located at 6404 HWY 93 South and can be legally described as TR 6BCB, TR 6CB, TR 6DC & TR 6 G in SW4NE4, S01, T30 N, R22 W. Senior Planner Wendy Compton-Ring reviewed the staff report, findings, and conditions of approval. As of the writing of the staff report no comments have been received. Staff recommended adoption of the findings of fact within staff report WZV 24-05 for approval of the variance request to construct an eight-foot fence on the southern and western property border. Whitefish Community Development Board PG. 1 August 15, 2024 COMMUNICATIONS FROM THE BOARD Wurster wanted to know if there were any plans for the trees that were there now. Quenell asked for clarification if the property was commercial or residential, and if there was a Conditional Use Permit, which Compton-Ring confirmed. They discussed if a finding was needed. COMMUNICATIONS FROM APPLICANT/AGENCIES Marilynn Sykes, 6404 Highway 93 South explained the fence was needed to protect both sides of the street. They have already lost trees which helped keep down the noise. Wurster asked about the trees that remain, which Sykes confirmed they would love to keep as many as possible Qunell wanted to know if an eight-foot-tall fence would be enough, and Sykes confirmed it would. Scott questioned Sykes about needing an addition variance in the future for an additional fence on another side. Sykes explained she was asking for the variance on both sides (south and west). Beckham wondered how long the campground had been there, which Sykes explained there were people coming there for more than 30 years. PUBLIC COMMENT None. MOTION / VOTE (WZV 24-05) Scott made a motion, seconded by Wurster to approve the variance of an 8-foot fence. The motion passed unanimously. Qunell asked for clarification on which side of the property the fence would be built. Senior Planner Wendy Compton-Ring corrected the report to show the fence on the western property line and not the eastern side. Sykes confirmed this was correct. Wurster commented this made more sense regarding the trees he asked about earlier. Beckham made a motion to add a friendly amendment change the wording in the staff report to reflect constructing a fence along the western side of the property line instead of eastern side, seconded by Scott. The motion passed unanimously. Beckham made a motion to add a friendly amendment to correct condition number 3 to read the southern and western side of the property line instead of the southern and eastern side, seconded by Wurster. The motion passed unanimously. Whitefish Community Development Board PG. 2 August 15, 2024 Qunell made a friendly amendment to finding number five stating the criteria does not apply, seconded by Wurster. The motion passed unanimously. Beckham reminded the Board the applicant did state there was an economic hardship during the past year, but the staff report does not reflect this. Qunell withdrew his friendly amendment to finding number five, seconded by Wurster. 2. WZV 24-04 A request by Dan Hanson from Frontier Builders, on behalf of Casa Gratis LP, is requesting a variance to the side and rear setback requirements for a proposed deck expansion. The property is currently developed with a single-family home and is zoned WR-2 (Two-Family Residential District). The property is located at 1474 Barkley LN Birch Point and can be legally described as E 26' TR B IN 14 & W 14' TR B IN 13, Barkley TR, S24, T31 N, R22 W. Senior Planner Wendy Compton-Ring reviewed the staff report, findings, and conditions of approval. As of the writing of the staff report three comments were received. Also, in response to the neighbor comments/concerns, the applicant decided to not request the roof portion of the plans. This updated plan was made available for the Board along with an updated staff report to remove the term ‘covered’. Staff recommended adoption of the findings of fact within staff report WZV 24-04 for approval of the variance request on the proposed deck expansion. COMMUNICATIONS FROM THE BOARD Beckham confirmed with Compton-Ring the updated plans would remove the roof over the deck on page 5. Scott questioned the photo on page 4 where the lake side front of the house shows a 3–4-foot deck. Compton-Ring explained the deck is currently 271 square feet and their proposal shows 368 square feet. Wurster asked if other decks had been granted variances in the neighborhood. Compton-Ring explained they have done other variances in this neighborhood because some of the lots are very narrow. Qunell questioned the side setbacks and asked what the applicant could do now without a variance to their existing deck. Compton-Ring explained they could only do regular maintenance like replacing a board or painting, and if the deck was taken out completely, they would not be able to build it back without a variance. Whitefish Community Development Board PG. 3 August 15, 2024 Qunell noted it is hard to approve a variance request when it should have been disclosed to the applicant at the time he bought the house, and asked Compton-Ring to clarify that they were expanding the deck by 90 square feet. Scott asked if the applicant was planning to take out the fireplace and sitting area for the deck expansion. He explained the house was built in 2001 and they were aware of all the setback requirements. Wurster asked Compton-Ring if this expansion was of a prior non-conforming use. The variance would give them new setbacks to expand a prior variance if granted, but the Board and staff were unsure if any prior variances had been approved. Qunell agreed this is something that they should know because the house already encroaches on the side yards. COMMUNICATION FROM APPLICANT/AGENCIES Dan Hanson, Frontier Builders, representing Casa Gratis LP 1474 Barkley Lane explained his client wanted to cover his deck due to safety concerns in the winter, but after hearing comments from his neighbors he decided if that’s a problem then he won’t do that. The existing firepit and stepping stones are unsafe and the applicant doesn’t use them, and he wants to make the space more useable since it is already a hardscape. Qunell asked Hanson with it being non-conforming in the setback what the objection would be to just building the deck to the side yard setback and have the same encroachment to the rear. Hanson explained the left side is in the setbacks which he believes they were granted a variance for which make it conforming. They were given a variance into the back. Scott wanted to know why he needed this deck when he knows there is another deck they use all the time. He is wondering why they can’t do the deck within the setbacks now. PUBLIC COMMENT Diana Stephens, 1470 Barkley Lane, explained in the early 40’s her parents created this camp with 7 cabins on the lake, and this house is one of them. Her dad’s intention was to have green space along the lake for everyone to enjoy the views. She is also concerned if they put this deck out there if it has a railing which will obstruct the view even more. Jon Heberling questioned Stephens about the height of the railing and obstructing the view. Cari Arnot, 1470 Barkley Lane, explained the expansion is more than 90 feet. It is actually 336 feet in the rear and 92 feet on the side. Their opposition to this deck wasn’t just that it would be a covered deck, but any deck blocking the view. Gary Stephens, 1470 Barkley Lane, brought up the deed restriction on the properties including this one. He explained no structure or building shall be erected or placed in front of the Whitefish Lake Whitefish Community Development Board PG. 4 August 15, 2024 boundaries as established in the survey. A house next to them tried to build their house in front and that they won that battle. All three properties to the south conform to the lake shore protection zone requirements. He does not understand why the report states the house was built in 1987 when that is clearly not true, and if the fire department has any restrictions if there was a fire between the buildings. Dan Hanson explained this is already a useable space and won’t obstruct any views since he is taking the covered part off. They are fixing the deck and moving it out of the three-foot lake shore protection zone. The applicant just wants to make the lower deck more useable. Qunell and Hanson discussed where the deck would be raised, the steps and getting rid of the deteriorating rocks and fireplace they don’t use. Beckham brought up the picture with the red lounge chairs and asked about the deck with the hot tub and railing. Hanson explained a different existing deck in the lake shore protection zone and not part of this request. Boland wanted to know how tall the railing will be, which Hanson explained they are not required to put a railing on the deck because they are only a foot off the ground. Scott asked about the south side of the property with the hot tub and questioned if that was the part they want to expand. Hanson explained the raised-up area on the right is where they want to expand the deck. Cari Arnot mentioned if this is granted it will set a precedence and was concerned about the cascading effect that could occur. They are concerned about the green space and the lighting. Wurster made a motion, seconded by Scott to deny the variance request for the deck expansion. The motion was denied unanimously. Wurster discussed the deed restrictions, other decks built, and discrepancies in the report. He doesn’t feel like the criteria has been met to show a hardship. Qunell confirmed Wurster doesn’t agree with finding 2. Qunell suggested just adding the word “not” to the finding. Wurster said in finding 8 that this does not alleviate a hardship because the deck could be built smaller. Wendy Compton-Ring, Wurster, and Qunell worked on changing the wording on the findings of fact one through 9. Qunell made a motion, seconded by Wurster to add a friendly amendment stating this does not meet the criteria to limit the use of this property. Whitefish Community Development Board PG. 5 August 15, 2024 Heberling and Qunell discussed if an amendment was needed. Scott explained when something is denied that goes to City Council, they must give a reason for denial, so they don’t just pass it. Qunell agreed they don’t need to add a friendly. The Board discussed how to change the findings of facts to explain the Boards reasons for denying the variance request for the deck expansion. Qunell spoke about how the expansion to the deck may not seem like a big deal, but really is when you are already in a non-conforming situation. He doesn’t feel like the reasons given are enough to meet the conditions and criteria to grant a variance in this case. Heberling commented they must follow the regulations and this situation doesn’t meet all the requirements for a variance request. He feels it wouldn’t be fair to grant this request because of the cascading effect. Beckham raised a point of clarification with Toby Scott regarding his earlier comments to confirm there was no conflict of interest with this property. 3. WCUP 24-08 A request by Kevin Kaltschmidt on behalf of Eagle Enterprises, LLC is requesting a Conditional Use Permit to expand the storage area for automotive sales. The property is partially developed with a single-family home with outbuildings and is zoned WB-2 (Secondary Business District) and WR2/SC (Two-Family Residential District with Special Conditions). The property is located at 6200 & 6208 Highway 93 S and can be legally described as Tracts 3B and 3BD in Section 1 Township 30N Range 22W, P.M.M., Flathead County. Senior Planner Wendy Compton-Ring reviewed her staff report, findings, and conditions of approval. As of the writing of the staff report no comments have been received. Staff recommended adoption of the findings of fact within staff report WCUP 24-08 for approval of the Conditional Use Permit to expand the storage area for automotive sales. COMMUNICATION FROM THE BOARD Heberling question if the applicant wanted to expand they would have to bring it before the Board again, which Compton-Ring confirmed. Heberling disclosed that he owns a house along JP Road, and wanted to make sure this would not be a conflict of interest. Qunell agreed there was not a concern. Whitefish Community Development Board PG. 6 August 15, 2024 COMMUNICATION FROM APPLICANT/AGENCIES Joe Bushong, TD&H, 450 Corporate Drive, STE 101, Kalispell, MT confirmed they agree with the staff report and recommendations of approval. Qunell confirmed there will be a storm water plan with Bushong. Kevin Kaltschmidt, 21 JP Road, was there if anyone had any questions or comments. PUBLIC COMMENT None. Scott made a motion, seconded by Beckham to approve the conditional use permit to expand the storage area for automotive sales. The motion passed unanimously. G. GOOD AND WELFARE Matters from the Board Wurster brought up the Growth Plan and communications with staff. Senior Planner Compton-Ring explained this is a legislative matter and they are allowed to discuss this matter. Qunell encouraged everyone to talk to our Long Range Planner Alan Tiefenbach. Qunell discussed how the growth policy will be ramping up over the next year and Board members should plan on spending more time on it in the next 18 months or so. Matters from the Staff None. Poll of Board members available for the next meeting. All Board members present indicated they would be at the September 19th, 2024 meeting at 6:00 pm. Whitefish Community Development Board PG. 7 August 15, 2024