The Whitefish Community Development Board last week decided on two setback variances and made recommendations for two conditional use permits, one for a guest house and one for a school expansion.

Whitefish Community School at 805 Park Ave., requested a conditional use permit to expand its current daycare use into a daycare center, in order to serve more than 15 children.

In addition to an expansion of the school facility that is expected to be less than 2,000 feet, changes to the property include five additional parking spaces, a traffic turn around and a student drop off space.

“Our waitlist has been averaging at least 120 families for the past three to four years,” said Jessie Diehl, director of Whitefish Community School. “There’s a huge need for childcare right now … and we have the space for it and we have a long-standing reputation. We’ve been around for 20 years.”

Of the seven people who spoke, two were for the project and five voiced concerns, mainly about traffic, noise and the environmental effects of the fill needed to grade the property.

Doug Peppmeier of TD&H Engineering said the Public Works department will perform a review and can get a traffic impact study, should they deem it necessary. He also said the city has strict storm water regulations that control the amount of developed impervious area. 

“There’s a little bit of concern about the number of students and, again, that is controlled by the code,” Peppmeier said.

He said a facility needs 20 feet of drop-off area for every eight students. Based on the current plan, the maximum number of students would be 32.

Board Chair Steve Qunell repeatedly explained that the board’s job was to determine if the proposed land use is a good idea for the site. 

“We are tasked with looking at a project that is before us and determining whether the impacts of that project can be mitigated,” Qunell said. “That’s what a conditional use permit does.”

The board voted to recommend approval with a unanimous vote. The item is scheduled to be heard by the city council Aug. 5.

PETE AND Vivienne Akey requested a variance to the side yard setback so they could remodel an existing, attached garage on East Ninth Street. They had obtained a setback variance in 2022 but were unable to do the work in the 12-month allotted time frame. The new variance request was identical to the first.

“The addition to an existing garage is going to enable a second vehicle to park in the garage,” said Whitefish Senior Planner Wendy Compton-Ring. “A corner of the existing garage encroaches about six feet into the side yard setback and the associated eaves encroach less than a foot.”

The board voted unanimously to approve the setback request.

Jim Lynn, of 1240 Birch Point LLC, requested a variance to the lakeshore protection zone requirements in order to remove parts of a pre-existing, legally non-conforming deck. The plan is to remove the deck from the Lakeshore Protection Zone but add some decking in the zone’s 10-foot setback.

“Approximately 51 square feet of the deck and stairway that is in the lakeshore protection zone would be removed and the deck repair and expansion would add about 21 square feet in the lakeshore protection zone setback,” Whitefish City Planner Nelson Loring said.

Loring explained the lakeshore protection zone covers the 20 horizontal feet from the average high-water elevation and the zoning setback provides a 10-foot setback beyond the lakeshore protection zone.

After hearing Lynn describe the narrow, approximately 20-inch addition to his deck, the board voted unanimously to approve the variance.

“One of the biggest responsibilities we have is to protect the lake and when we have a variance request like this, we have to be very careful about what we approve,” said Qunell. “In this case, I don’t think 20 inches of deck is really going to make that big of a difference.”

BARBARA MCCARTNEY requested a conditional use permit to construct a guest home at 3 Tides Way. The property is a little over 4 acres, developed with a single-family home and is predominantly zoned WLR, or one family limited residential.

Sierra McCartney, daughter of the applicant, said the goal is to have multi-generational living on the property with her sister’s family in the main home and her parents in the guest house.

Staff recommended approval with seven conditions, including re-seeding areas as soon as practical and providing a deed restriction or covenant that the guest house cannot be rented.

The board voted unanimously to recommend the permit. The Whitefish City Council will hear the item Aug. 5.

At the end of the meeting that was fraught with confusion and conflict, the board and staff had an extended discussion regarding the purview of the board, its role in the planning and permitting process and ways to work more effectively together.