The Flathead County commissioners on Wednesday unanimously voted to grant a major land-use permit for guest cabins at a Lake Five vacation rental retreat, but Commissioner Phil Mitchell warned they would “be watching over [the project] like a hawk.

“They have steps to go through,” Mitchell said, speaking remotely via a conference call during the commissioner proceedings. “We expect them to follow what we are approving today; otherwise they can pull their application.”

The commissioners voted to amend the conditions of approval so Flathead Planning Office staff will verify the property’s compliance with county regulations at four, six, eight and 12 months.

The property owner, Susie Dietz of Anchorage, Alaska, is seeking to expand her Whistle Stop Retreat along the 145-acre Lake Five near West Glacier to add five more vacation-rental cabins across two parcels. She also plans to add two RV pads, two pavilions, an open-air theater and one single-family dwelling on each lot.

The existing four cabins were built in the 1940s and are still able to be rented as “grandfathered uses,” according to the Canyon Area Land Use Regulatory System (CALURS).

Dietz’s two lots are located at 1449 and 1453 Grizzly Spur, which is a one-way, dirt road. According to the Planning Office, Dietz is currently in full compliance with county zoning regulations.

Last summer, the Planning Office received a signed complaint about the construction of two new structures on the property. The Montana Department of Environmental Quality visited the property in late July, and found a new “fire tower” occupied by a renter and a “caboose” under construction.

In August, the state agency and Planning Office sent Dietz certified letters of violation, then the Planning Office notified Dietz that she had to cease building additional structures, could not take rentals for the new structures and had to apply for a major land-use permit.

The public had the chance to speak out at a county Planning Board public hearing on Jan. 8. A majority of speakers were opposed to a land-use permit, airing concerns about how a vacation retreat would impact the lake’s peaceful atmosphere and calling out Dietz for her violations of zoning regulations.

The Planning Board still forwarded a recommendation of approval to the commissioners on a 4-2 vote.

At Wednesday’s meeting, Dietz defended her actions in front of the commissioners.

“There were a lot of deficiencies on this property when I bought it … It was a wreck in a lot of aspects,” she said.

She said she thought the caboose was a “portable building” and did not realize she was in violation of building codes.

“My intention was to build this tower and have a portable [building]. Looking around the lake, the neighbors next to me have seven RVs on one half-acre lot,” Dietz said. “I didn’t think a portable building would violate anything.”

Mitchell commented he thought Dietz “tended to push the envelope on this, which is probably what was upsetting the neighbors,” adding “you’ve pushed a lot of envelopes without permits.”

Dietz responded, saying “I understand that frustration, but I also disagree with some of those statements. I haven’t been allowed to have my own voice about what’s happened to me through this whole process.”

The commissioners were also concerned about increased traffic and emergency access to Dietz’s property and other properties along Grizzly Spur, and called for pull outs – referred to in the meeting as “bulb-outs” – to be built along the road.

Neighbors were apparently unwilling to allow road alterations to encroach onto their own easements, so the commissioners compelled Dietz to have bulb-outs on Grizzly Spur constructed at approximately 300-foot intervals on the road next to her properties.

“I would ask the applicant to do a reset with your neighbors,” Commissioner Randy Brodehl said during final discussion. “Do everything you can to repair and communicate with your neighbors.

“I would ask the neighbors to also be willing to open up your communication with the applicant,” he added.

Reporter Colin Gaiser may be reached at 758-4439 or cgaiser@dailyinterlake.com