Lakeshore regulations update tabled by council

Nine people addressed the Whitefish City Council at Monday's public hearing on a major rewrite of the Whitefish Lake and Lakeshore Protection regulations.

But one speaker had the most impact. Kalispell attorney Duncan Scott raised 10 points in which he thought the revised regulations could open up the city to a lawsuit.

Scott categorized the entire section on nonconforming structures inside the lakeshore zone as incomprehensible. While additional definitions in the glossary could help the revision in most cases, this section needed more work, he said.

Saying he spent more time studying this issue than any other he worked on while on the city council, councilor Turner Askew motioned to table the vote until the next meeting.

That motion died for lack of a second, but a later motion to table by councilor Frank Sweeney passed 4-2, with councilors John Muhlfeld and Ryan Friel in opposition.

Deputy mayor and councilor Nancy Woodruff said she didn't see any urgency to vote on the revision that night, and Sweeney, an attorney, said some of Scott's points made sense.

The council agreed not to hold another work session on the regulations rewrite, and Sweeney agreed to take a close look at Scott's points.

City planning director David Taylor will update the draft to include changes the council asked for during a work session earlier that night. Woodruff asked that the new draft be posted online for the public.

Rail-boat system runs into opposition

By RICHARD HANNERS

Whitefish Pilot

Citing aesthetic concerns, the Whitefish Lake and Lakeshore Protection Committee denied a variance request for a boat-rail system at a property on West Lakeshore Drive at their June 10 meeting.

Lakeshore regulations require boat-rail systems to follow the existing grade and not to exceed four inches in height. Dan Weinberg's contractor, Sunrise Docks, said there was no alternative to going five feet high because of steep terrain within the 20-foot lakeshore zone.

City planners recommended approval for the variance, but the lakeshore committee disagreed. Ron Hauf, Ken Stein, Marcia Sheffels, Herb Peschel and chairman Jim Stack agreed that the rail system would visually impact the area.

Dan Prosser, of Sunrise Docks, told the committee he knew of about 10 rail systems around the lake. He said he'd never heard of the four-inch requirement and noted that several systems he'd installed violated that provision.

Stack said alternatives existed to the proposed rail system, including using an anchored buoy. Sheffels and Stein said there was no hardship to justify a variance, and both Stack and Peschel said allowing the variance would set a precedent.

Sharon Morrison, however, noting that other rail systems exist around the lake, asked why Weinberg's request was so different. She also questioned the overall permitting process and said the process is intended to protect the lake and provide oversight, not prohibit all activities.

Stack noted that soil in the southwestern portion of the lake is unstable, so sonotube foundations used to support the rail system could be damaged by ice in winter. He also pointed out that sonotubes use concrete, which is not allowed in the lakeshore zone.

The lakeshore committee denied Weinberg's request by a 6-2 vote, with Morrison and Hauf in favor.

At Monday's Whitefish City Council meeting, councilor Nick Palmer expressed concern about setting the city up for a lawsuit if it allowed rail systems in some areas but not for others. He pointed out that he doubted Weinberg would sue the city.

Councilor John Muhlfeld, who was a longtime member of the lakeshore committee, said it's not the committee's job to determine how a property owner stores a boat. He also noted that in his memory, he had never seen a lakeshore committee decision overturned by the city council.

Saying the council was not overturning the lakeshore committee, councilor Turner Askew motioned to send the decision back to the committee to see if they could "accommodate" Weinberg. The motion passed 4-2, with councilors Muhlfeld and Ryan Friel in opposition.

In other lakeshore committee news, a request by Two Bear Properties for a private marina on the west side of the lake was unanimously approved.

City planners noted that Mike Goguen owns more than 400 acres and has three residences on the property, and his 2,151 feet of lake frontage entitles him to 17,208 feet of constructed dock area. His current dock area measures 2,590 square feet and includes three boat slips and two ports for personal watercraft.

Goguen's minor-variance request called for an additional 289 square feet and converting the dock status from 'shared dock" to "private marina."

City planners supported the request by noting that a larger dock would not impact aesthetics as much as a second dock. They also noted that a larger dock would not interfere with navigation because Goguen has so much lake frontage and the dock is for private use only.