Lake Five project gets green light, but legal action looms

Flathead County Commissioners last week approved a major land use permit that would add several guest cabins to plots of land along Lake Five near West Glacier, though the threat of a legal challenge appears to loom.

Called Whistlestop Retreat, Dr. Susie Dietz of Anchorage, Alaska looks to build two houses, several rental cabins, an entertainment structure, two pavilions, two non-rental RV spaces and other structures, including a shop on about 24 acres off Grizzly Spur Road.

The property already has six structures — four cabins and two other structures that were built illegally before neighbors complained. A structure that is supposed to look like a caboose was built illegally as was a fire tower. Both are designed to house guests, apparently.

The Middle Canyon Land Use Advisory Committee gave the project a negative recommendation on a variety of fronts, including impacts to the lake itself, nearby wetlands, and access issues.

But the Flathead County Planning Board approved it a few weeks ago.

Flathead County planning staff determined that the development qualified as a residential, not commercial development.

Neighbors that live on Lake Five took issue with that determination and often shook their heads as county commissioners and planning staff went over the project.

Lake Five resident Jean McDonald, appearing at the meeting with her attorney, was displeased. When asked if she thought the development was commercial, she replied “Yes, absolutely.”

The commercial use aspect of the project — renting cabins and boats and other structures to guests is a key factor, because Grizzly Bear Spur — the road that accesses the property is a private road. It runs through neighboring properties and the easement that allows access expressly forbids commercial use of the land, according to a letter written to county commissioners by Clifton Hayden, McDonald’s attorney.

The land was most recently owned by the Sherwood family and was a family retreat. James Sherwood was an author and his family founded General Mills, the food industry giant. They sold it to Deitz in 2018.

County commissioners did address the access issue, in part. They added a condition that requires bulb-outs every 300 feet or thereabouts to provide a way for emergency vehicles to pass if need be.

But the bulb-outs would require cooperation from neighbors, and that didn’t appear likely.

The project also hinges on Dietz acquiring an approved septic and water system from the Department of Environmental Quality.

At this point, the property has no valid septic permits.

According to the plans, the property would have 19 structures, including a three bedroom, three bath house, sheds, boat houses, a shop and the aforementioned cabins.

Dietz defended the project to county commissioners, saying her plans were to improve the land.

“The property was pretty much a wreck in a lot of aspects,” Deitz said.

She also claimed that neighbors are having an impact, as she said she saw seven RV spaces on one half-acre tract.

Commissioners urged neighbors to try to get along.

“Be kind to your neighbors,” commissioner Phil Mitchell said.