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County board of adjustment looks at vacation rental

| December 6, 2022 12:00 AM

The Flathead County Board of Adjustment is set to consider Tuesday a second request by a property owner to use a Kalispell home as a vacation rental.

The owner of the 354 Orchard Ridge Road property was previously turned down for a conditional use permit for a vacation rental but is returning to try again after updating information in their application. Stephen Fisher is listed as the owner of the 5.39-acre property.

The board of adjustment meets on Dec. 6 at 6 p.m. in the second floor conference room of the South Campus Building, 40 11th St. W., Kalispell.

The property is zoned SAG-5, which allows for an administrative permit for a vacation rental unless opposition from adjacent property owners can’t be resolved by the applicant or by conditions of approval. In that case, county zoning rules require the Board of Adjustment to review the request.

Board of adjustment decisions are considered final.

The planning office received 11 letters regarding the request. Concerns surround the owner living off-site, the domino effect of other neighbors using homes for short-term renting, the economic impact of short-term rentals, the increase in traffic and dust, safety, noise, inadequate parking, property covenants that prohibit commercial use and more than five houses using the same utilities box, according to the staff report.

The applicant submitted to the county new information regarding the access road, the shared well and a rental agreement that would be used as an additional condition of approval for the permit.

The planning staff report says that the property allows for adequate parking and as the proposed use is residential in nature Orchard Lane would be able to accommodate the traffic.

In terms of utilities, the home is permitted with a septic system that would allow for the occupancy of six guests and a condition of the permit would be that the home could not be advertised for more occupants than that. In terms of water, the applicant points out that the short-term rental would be expected to use less water than a year-round rental since it would not be occupied 100% of the time as would for a full-time residence.

THE BOARD will also consider two other requests.

One from James and Dianne Brown asks for a variance to the setbacks for a property located at 156 Bjork Drive, Bigfork. The request seeks to allow the front setback for a home be changed to 15 feet instead of 20 feet to allow for the house to be positioned on the lot due to topography restrictions that limit the use of the buildable space.

A second request from Doug and Toni Flory, Elisabeth and Scott Harris and Meredith and Scott Somerset seeks a variance to the side yard setback requirements for a townhouse located at 108 Wood Run Court, Unit B near Whitefish. The applicant is requesting a variance to the side yard setback requirements to expand the existing deck on the eastern side of the dwelling. If granted, the deck would be located within 2.5 feet of the side property line.

Features Editor Heidi Desch may be reached at 758-4421 or hdesch@dailyinterlake.com.