The Daily Inter Lake

The Flathead County Planning Board recommended denial of a Wagner Lane subdivision Wednesday, despite indications that two commissioners favor the project.

Developer Dennis Carver proposed the River Vista subdivision on 81 acres just north of Lower Valley Road, on Church Slough.

The project calls for 11 single-family home lots, with smaller lots along the water backed by three larger lots, along with a 100-foot riparian setback and no-build buffer.

In an earlier, related move, Carver asked the commissioners to abandon Wagner Lane - including a 3,400-foot section adjacent to the slough - in exchange for a new road he would build farther from the water. He also offered to donate a small public fishing access site with 100 feet of frontage on the slough.

Commissioners Gary Hall and Dale Lauman agreed to the abandonment last week - over the strong objections of Commissioner Joe Brenneman - which would enable Carver to create several waterfront lots after he removes the road.

A number of speakers Wednesday slammed the commissioners for that deal, saying they abandoned the public along with Wagner Lane.

"The public is giving up 3,400 feet of [waterfront] road, with a 30-foot right of way, in exchange for 100 feet of frontage that's 125 feet deep," said Warren Illi with Flathead Wildlife, a local sportsmen group. "It seems like the public has lost a great deal because of this subdivision, which prompted the road abandonment."

While several other Montana counties are approving multimillion-dollar bond measures to purchase and preserve open space, Illi said, "here in Flathead County we're giving away public land along a public waterway."

Whitefish attorney Diane Conradi, representing Flathead Wildlife, said the small fishing access area failed to provide "substantially the same access" to Church Slough as the 3,400 feet of Wagner Lane that was abandoned, as required by state law.

Consequently, she said, the commissioners' decision was illegal. She also questioned the legality and adequacy of the subdivision application.

Illi suggested that Carver should create a larger fishing access site and replace Wagner Lane with a public bike path, in order for the road swap to be equitable.

Other speakers praised Carver's proposal, saying it offered a reasonable, rural density for the area and that the new road was substantially better than what was being abandoned.

The amount of legal access to Church Slough was questioned as well.

"There might be 3,400 feet along the slough, but maybe 40 feet of it is legal access," said Dick Riedel, who sold the River Vista property to Carver. "Most of the access people were using was on my property. I allowed it for decades."

The legal uncertainty about the abandonment clearly influenced the Planning Board, as did the access issue and the possibility of replacing Wagner Lane with a public bike path. There were also questions about how high the groundwater is at this site.

"With so many unanswered questions, we don't have any clarity on what we're voting on," said board president Gene Dziza. "It almost seems to me that everyone involved would be better served by continuing this matter."

However, Dziza's motion to continue was defeated on a 3-3 tie.

A subsequent motion to recommend denial was approved on a 4-2 vote, with Dziza and Randy Toavs voting in opposition.

"It just seems like there are a lot of unresolved issues with this," said board member Gordon Cross. "But the subdivision has a lot of merit. Hopefully, this will return at a later date" when all of these issues are resolved.

If the commissioners ignore this recommendation and approve the subdivision application, the board suggested they consider requiring Type II septic systems, a community water system and the waterfront bike path.

In other action Wednesday, the Planning Board:

. Unanimously recommended approval of the Weaver subdivision, an 11-lot single-family project on 92 acres at 815 Yeoman Hall Road.

. Recommended approval, on a 4-2 vote, of Eagle's Crest Heights, a 115-lot single-family subdivision on 393 acres on the west side of U.S. 93, south of Lakeside.

No one from the public commented on the proposal, which is the fourth and largest phase to date of the Eagle's Crest subdivision.

The project includes a private airstrip, and will be served by public sewer service and an on-site public water system.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com.