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Wedding hostess charged with zoning violation

LYNNETTE HINTZE | Hagadone News Network | UPDATED 10 years, 2 months AGO
by LYNNETTE HINTZE
Daily Inter Lake | August 25, 2014 9:45 PM

A Bigfork woman has been charged with a criminal misdemeanor for allegedly holding a commercial wedding at her ranch in violation of county zoning laws.

The Flathead County Attorney’s Office issued the complaint against Alana Myers of Ten Arrows Ranch last week based on an email trail that shows Myers requested and accepted $1,900 from a bride-to-be to use the ranch for her recent wedding.

Myers must appear in Flathead County Justice Court by the end of August to avoid having a warrant issued for her arrest, according to a letter dated Aug. 21 sent by Justice of the Peace Daniel Wilson to Myers.

A zoning law violation is punishable by a fine of up to $500, six months in jail, or both.

Myers was asked to shut down her wedding facility a year ago because of a zoning violation. After neighbors complained about the ongoing noise and intrusion, the county Planning Office investigated and found the property isn’t zoned to hold commercial weddings.

At that point Myers agreed to no longer accept payment for commercial use of the wedding facility, and said she would hold occasional weddings for friends and family members without any fees for services.

She continued to hold weddings throughout the 30-day notice issued by the county, and a subsequent reminder period, and by then the 2013 summer wedding season was over.

Myers stated in a Dec. 11, 2013, letter to Flathead County Deputy Attorney Caitlin Overland that “you can rest assured that we will not operate a commercial wedding venue unless and until we have a permit to do so.”

Myers has applied for a conditional-use permit to operate the ranch as a high-impact recreational facility, a use that would allow weddings for the suburban agricultural zoning of the rural property. She’s scheduled to present her application to the Bigfork Land Use Advisory Committee on Thursday, and the Flathead County Board of Adjustment will make a final decision on Sept. 2.

An ongoing investigation by Planning Office Code Compliance Technician George Ferris, however, uncovered emails sent between Myers and Michelle Lee Brunner — now Michelle Brunner-Chevalier — regarding payment for use of Ten Arrows Ranch.

In a July 15 email sent by Myers to Brunner, Myers states, “we are able to legally have weddings. Therefore we will be able to reinstate agreements we have with our brides. Please send full payment for rental of our property for your wedding as soon as possible.”

An email sent by Myers later that same day notes, “you don’t even have to pay me $2,500, due to the stress of my venue being so up in the air ... How does $1,900 sound?”

Myers also asked Brunner if her father would be willing to make a metal sign for the ranch “since I’m giving you such a big discount on venue.”

When Brunner queried Myers about the fee and permit process, Myers sent another email, saying “I don’t actually have my permit in my hot little hand yet, but we are close, and I think it’s going to be 99.9 percent to actually put my hands on it, although the neighbors and their attorney are still making a fuss.”

Later, in an Aug. 7 email from Myers to Brunner, Myers said she was getting questioned by attorneys about the weddings and asked Brunner: “Was it clear to you that you were under no obligation or requirement to pay me for using our property, since you were a friend of ours? And did you understand that whatever financial gift you gave to me was a gift, not a payment for a contractual agreement, since we had to abandon all contracts we had with brides a year ago.”

County Planning Director BJ Grieve said the tipping point for the County Attorney’s Office in charging Myers with a zoning violation was evidence of a transaction of money.

“Even if it’s a donation, it becomes a commercial use,” Grieve said.

Neighbors living near the ranch have complained about weddings held there this summer and called the Sheriff’s Office to report loud music and other intrusive activities.

Lance Morgan, who lives near the ranch, wrote to the Planning Office on July 31 about a July 26 wedding that involved “loud and boisterous behavior, and the amplified music was audible through the closed window of my house.”

Neighbor Nancy Thurston lodged similar complaints, describing a July 26 wedding at the ranch as “loud, rowdy and raucous ... crowds screaming, shouting, live music pouring into my home.

“They supposedly are holding these events for ‘family and friends,’” Thurston said in an email to the Planning Office. When she contacted a sheriff’s deputy she was told law enforcement had contacted Bill Myers, Alana’s husband, but he wasn’t on the property.

“I’m confused ... if this is a wedding for family and friends I find it odd Myers was not in attendance. And if he is not there monitoring this noisy, intoxicated crowd, who exactly is? Our neighborhood put up with this public nuisance every single weekend last summer, and here we are again with the same nonsense.”

Myers responded to the complaints, telling county officials the music at the July 26 wedding was off at 10:30 p.m. and that they took decibel readings at the property fence line and all readings registered “normal household conversation” and “very acceptable.”

Even though Myers is charged with a zoning violation for a past event, she has the right to go through the conditional-use permit process, Grieve said. 

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

 

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