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Couples say, 'I do' ... neighbors say, 'We don't' - Illegal wedding facility shut down amid complaints

LYNNETTE HINTZE | Hagadone News Network | UPDATED 11 years, 1 month AGO
by LYNNETTE HINTZE
Daily Inter Lake | September 19, 2013 9:00 PM

A wedding facility near Bigfork that has drawn complaints from neighbors and has been shut down because of a zoning violation has put the spotlight on a larger issue: How does Flathead County regulate such commercial venues in a place that has become a hot spot for destination weddings?

Bill and Alana Myers have been staging weddings at their Ten Arrows Ranch off McCaffery Road for the past two summers. Last year they held a few ceremonies, mostly for family and friends, but this year the ranch ramped up to a full schedule, hosting wedding events nearly every weekend throughout the summer season, much to their neighbors’ chagrin.

“They’ve destroyed the quality of life at my home,” said Nancy Thurston, who lives near the ranch and said the weddings are routinely loud and disruptive. “The peace and serenity of my home has been shattered.”

After she and eight other neighbors filed complaints with the county about the noise often lingering into the early morning hours and lighted paper lanterns landing on adjacent homeowners’ property, it was discovered Ten Arrows Ranch isn’t zoned to hold weddings.

The 40 acres on which the Myerses have lived for 18 years is zoned SAG-5, suburban agricultural with a five-acre minimum lot size. Having a wedding there is not among the permitted or conditional uses recognized in county zoning regulations. Alana Myers said they had no idea their property wasn’t zoned for weddings when they invested more than $20,000 in the facility.

She said she was shocked to learn that uses such as airfields, golf courses, recreational vehicle parks and even rodeo arenas are allowed as conditional uses in SAG-5 areas — but weddings are not.

Flathead County Planning Director BJ Grieve said the issue of commercial wedding facilities and how they fit into rural neighborhoods is something the Planning Board has on its list for future discussions. The board currently is working through a comprehensive update of zoning regulations.

“The thrust is the Planning Board and county commissioners understand the destination wedding niche industry is desirable in Flathead County,” Grieve said. “They’ll want to hear from both sides. The impacts [from wedding events] do extend beyond lot lines.”

Several wedding facilities operate on unzoned county land, but those won’t be included in the Planning Board’s review, Grieve said.

Because there is no conditional use allowed for weddings on the Myerses’ property, Grieve said he determined they can apply for a conditional-use permit as a high-impact recreational facility. That process involves the Bigfork Land Use Advisory Committee holding a public hearing and then issuing a recommendation on the request. From there, the request would go to the Flathead Board of Adjustment for another public hearing and final determination.

Myers plans to have all the paperwork submitted to the Planning Office by Monday; if she meets that deadline, the land-use committee would hear the issue in October and it could go to the Board of Adjustment for a final decision in November.

“It’s reasonable to interpret that she could apply for a high-impact recreation facility [permit],” Grieve said, “but she’ll need to demonstrate to the Board of Adjustment how she meets the criteria at her location.”

Meanwhile, the Myerses are finishing out their season with weddings over the next two weekends. They’re able to continue because they have accepted no financial compensation for those weddings. Once they were notified of a zoning violation, they had 30 days to voluntarily comply, plus another 10-day period before the matter would go to the County Attorney’s office.

“They decided to use that time to keep having weddings,” Grieve said.

The Ten Arrows Ranch website has been taken down, and no reservations are being taken for next year, Myers said.

She and her husband, the pastor of the Little Brown Church in Bigfork, said they have taken steps to mitigate the neighbors’ concerns. They have banned the use of the floating lanterns that potentially were a fire hazard. They have kept the grassy area used for parking mowed and watered and had the Bigfork fire chief inspect the premises for any potential fire hazards. They have asked guests to keep the noise down after 10:30 p.m.

“We’re trying to keep the neighborhood beautiful, tranquil and serene,” Myers said. “We’re willing to cooperate with the neighbors. We feel we’re very good neighbors.”

She said they’ve gone so far as to take decibel readings “so we can prove we’re not being too loud,” and they’re willing to put a curfew on the noise.

The neighbors paint a very different picture.

Dan DeMars, one of the closest property owners, said in the 44 years he has lived on McCaffery Road, “I have never seen such a total disregard and lack of respect for your neighbors such that was displayed by these individuals over the course of six months.”

“It’s over the top, too much noise, too many people,” DeMars said added. “The traffic goes until 1 or 2 in the morning. It’s not a good business for a neighborhood.”

DeMars wondered why the Myerses couldn’t use the church for weddings.

“I understand a guy trying to make a living, especially times being what they are,” DeMars said. “But this is affecting more than just him.”

Lance Morgan, who lives on nearby Conifer Lane, said he found more than a dozen of the lanterns strewn over his property following one wedding. He said the noise is so intense when wedding parties are underway that it’s nearly impossible to carry on a conversation on his back porch.

“This is about large, noisy, open-air events in a quiet residential neighborhood,” Morgan said. “It’s shattering the peace and quiet of the neighborhood.”

He said the sound system often is cranked up so loud he can feel the vibrations from the music. Morgan is skeptical that any self-imposed noise regulation would be effective. The nature of weddings is that they’re happy celebrations and noisy in nature.

Grieve said one of the neighbors once reported an ear-piercing car-alarm salute to the bride and groom at 1:30 a.m. Myers responded that she wasn’t aware of that incident, but added the most vehicles they have had on site at one event has been about 48.

Myers pointed out the economic impact of the wedding industry to the Flathead Valley.

“It’s once a week for three months,” she said, estimating about 20 weddings in a summer season.

While the facility can handle crowds of up to 375, most weddings are much smaller. She further said their closest neighbor is more than 1,000 feet away.

It’s not the first time wedding facility operators have run afoul of county zoning regulations, Grieve said.

In 2004 the Bohemian Grove along Montana 35 near Bigfork was closed after owner Margrit Matter agreed to settle a civil lawsuit brought by Flathead County over zoning violations. Traffic was an issue in that case, in which neighbors complained about the noise and vehicle congestion caused by wedding crowds.

Features editor Lynnette Hintze may be reached at 758-4421 or by email at lhintze@dailyinterlake.com.

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