Flathead County Commissioners on Thursday unanimously approved a controversial subdivision along the Stillwater River, saying they had no legal justification to deny it.

The commission's 3-0 vote granted preliminary plat approval to the Riverpark of Whitefish subdivision proposed by AVKO LLC and developer Rudy Koestner.

The subdivision is planned for 66 acres seven miles northwest of Whitefish on the west side of U.S. 93, bordering the Stillwater River.

On a 5-3 vote, the county Planning Board had recommended that the subdivision be denied after an Aug. 12 public hearing where 16 neighboring property owners commented, most of them adamantly opposed to the subdivision.

Commissioner Joe Brenneman remarked that the Planning Board can recommend whatever it wants for whatever reason, but the commissioners to do not have the "luxury" of doing the same.

"The only finding that supports not passing this is that it's out of character" with the rural, sparsely developed surrounding area, Brenneman said.

But the area is unzoned. "If this were zoned, it would be an entirely different matter," Brenneman said. "Our options are kind of limited."

"I pretty much concur with Commissioner Brenneman," Commissioner Jim Dupont said.

Subdivision opponents have objected to the density of homes to be built on one- to five-acre lots, raised concerns about impacts to water quality and wildlife, and questioned whether the development's flood-plain delineation accurately reflects flooding risk to the property.

That flood designation was reviewed and approved by the Federal Emergency Management Agency.

Planning Board member Jim Cross said at the August hearing that Riverpark was "one of the most insensitive" subdivision proposals he had seen in a long time. He voted against it in the "best interest of the public welfare."

Koestner, the developer, defended his project at the hearing, refuting suggestions that it is out of character for the area when there is a 66,000-square-foot manufacturing building across the highway.

He also pointed out that the subdivision plan has been modified to address concerns since it was first proposed and unanimously opposed by the Planning Board in 2008.

The density of the development was reduced by 30 percent, from 22 to 15 lots, and building sites were moved away from the river and the southern boundary of the property.

"I don't see any legal reason we have to deny such a development," Commissioner Dale Lauman said before Thursday's vote.

Reporter Jim Mann may be reached at 758-4407 or by e-mail at jmann@dailyinterlake.com