City Council denies request for boat canopy

Whitefish City Council May 15 denied a lakeshore variance request from a homeowner who wanted to install a boat canopy above a permitted boat lift.

Randy Dunlop was seeking the variance to impervious coverage rules to install the boat canopy above a boat lift adjacent to his dock on Whitefish Lake on Birch Point Drive. His proposed canopy would have exceeded the allowed constructed area, based on lakeshore frontage, by more than 77 square feet.

“This is a big deal to me because it protects my boat when I’m gone,” Dunlop said.

The existing dock on his property is 660 square feet and is allowed to have 703 square feet of constructed area under regulations. Dunlop explained that his dock length is necessary because of the shallowness of the lake claiming that shortening his dock wouldn’t be a viable option.

City Council voted in favor of denial 4-1. Councilor Katie Williams voted against and Councilor Pam Barberis was absent from the meeting.

City Council noted that to approve the variance it would need to meet four criteria set out in the lakeshore regulations, but Dunlop’s request didn’t meet that.

City Councilor Richard Hildner said he understands Dunlop’s perspective, but the rules have to be followed.

“This allows us to be fair,” Hildner said. “We don’t want to be arbitrary. We have to follow the rules.”

Both the city planning staff and Whitefish Lake and Lakeshore Protection Committee recommended the permit be denied.

City planner Bailey Minnich noted in her report to Council that Dunlop does have other options. She agreed that shortening the dock would “limit the amount of water depth for a boat to access the dock.”

“The applicant does have the option of removing the outer breakwater wing, which would create enough square footage for a canopy,” she said.

Answering a question from Council, Minnich said Dunlop would be allowed to place a cover directly on his boat and still meet regulations.

A variance can be granted if there is a general or universal public benefit.

Dunlop said he believes his dock prevents boats from going into shallow waters when entering the Whitefish River.

Lee Zignego, who owned the property before Dunlop, said he has watched numerous boats hit rocks in that area.

“The problem is that it is extremely shallow,” he said. “The dock does protect boats from hitting rocks.”

Councilor Jen Frandsen said she too sympathizes with Dunlop’s desire to cover his boat, but the regulations should be followed.

“I see other alternatives for him to reconfigure his dock,” she said. “They may not be his preferred option, but there is an option.”