Commissioners approve change

The Flathead County Commissioners looked to put an end to a two-year zoning debate by approving a zoning change along Montana 83 on Sept. 16.

The zoning change, requested by applicants Mike Touris and Chuck Sneed, changes their Bigfork properties from 'suburban agricultural" to "light industrial."

The commissioners voted 2-1 to approve the zoning change, with Commissioner Joe Brenneman opposing.

The zone change will allow Touris, a Bigfork resident, to build a storage facility for his plumbing business on his property, which is nestled between two existing businesses. United Tool Property on Sneed's property is one of them.

Touris said it is a relief to have this part of the process nearly complete.

"We had a lot of friends that supported us all through the process," Touris said. "Most of our neighbors were happy we purchased it – happy it wasn't a bar. To most people, it's a common sense issue."

Commissioners Dale Lauman and Jim Dupont also voted in June to change the Bigfork Neighborhood Plan's Future Land Use Map along Montana 83 and 35 from 'suburban agricultural" to "light industrial."

This decision came after an appeal to the commissioners by a representative of Touris and Sneed, who were denied a zone change in 2008.

Touris and Sneed filed their original application back in August 2007.

The June decision allowed for the application before the commissioners last week.

The application received recommendations from Bigfork Land Use Advisory Committee and the Flathead County Planning Board.

The planning board recommended a change to "light industrial highway," which is slightly more restrictive.

BLUAC and the Bigfork Steering Committee have both expressed concerns regarding the commissioners' June decision and the subsequent application through letters to the commissioners.

In a Sept. 14 letter to commissioners, BLUAC requested that the commissioners rescind the June decision, deny the application and, instead, allow an administrative conditional use permit for Touris' property.

They wrote that Sneed's current use of his property is unaffected either way.

Several BLUAC members attended the meeting and reiterated their concerns.

"I urge you not to adopt very heavy-handed zoning," BLUAC member Al Johnson said.

Johnson said he saw the move as 'spot zoning" and said that he, and other members of BLUAC, didn't disagree with the use of the property, just the process. He said BLUAC recommended the application because of the June decision, but took issue with the original change.

Brenneman said he was still bothered by the change to the zoning plan.

Touris said he was frustrated with how BLUAC responded throuhgout the process, but is happy with the commissioners' decision.

"In the end, it came down to three men's decision. I think [Dale] Lauman and [Jim] Dupont are honorable guys and did the right thing," Touris said.

There will now be a 30-day public comment period prior to the final decision by the commissioners.

A lawsuit filed by Touris and Sneed against the county planning office and BLUAC, alleging a number of violations in the 2008 denial, is still in progress. The part of the suit against the commissioners has been dropped.

The suit is set for scheduling for a jury trial.