The Bigfork Land Use Advisory committee voted 3-2 to recommend the approval of a conditional use permit for an after-the-fact home occupation mechanic shop on Aero Lane Thursday, Sept. 26.  

The initial complaint was received from a neighbor to the property in 2023, which has been under investigation by the county as they communicated with the property owner Zachary Michnal on possible solutions until now.  

Michnal informed the committee that he was unaware he needed a conditional use permit. Michnal purchased the home around 2018 and started to build the shop, which his business Next Level Mechanics runs out of, about two years ago. The land is zoned SAG-5 Suburban Agricultural, which requires a conditional use permit for home occupation businesses with outbuildings, vehicle traffic that exceeds 16 cars a day, or where more than one non-family employee will work.  

“I’d like to make the comment that if for some reason the application is denied, you’re not only going to hurt me and my family, but also the people we take care of,” Michnal said.  

The shop is currently operating with the garage still under construction, with siding to be completed. There is no water service to the shop, and two employees use a port-a-potty. The current septic system at the house was built prior to Michnal’s purchase and is considered inadequate by county assessment. Oil is collected in barrels and picked up by a third party, antifreeze is taken by the owner to the Kalispell landfill for disposal. The original complaint involved traffic on the public road’s right-of-way. 

“It just seems to me you put the cart way ahead of the horse. There needs to be conditional use permits before you build something, and you’re already in business,” committee member Jerry Sorensen said.  

The committee had additional concerns regarding dust and noise control, as well as illegal signage for the business on a separate property on the corner of Ferndale Drive and Highway 206, which has different owners.  

The CUP application would require Michnal to submit a waste management plan, apply for a new septic permit, and provide parking to the east of the shop with enough room for 12 cars. The State of Montana must also determine if a commercial building permit is required before the project can continue.  

BLUAC recommended additional conditions that parked cars be shielded from neighbors’ line of sight and no more than 24 parking spaces be installed. They also suggested the applicant be required to control dust rather than pave in order to meet the one-year timeline of the project.  

Should the application for a permit be denied by Flathead County, or if conditions are not met, the business would be forced to shut down. The business may continue to operate for 12 months until the conditions of the permit must be met. 

“There are so many home businesses here in Bigfork that go unnoticed until there is a complaint and it’s unfortunate that it works that way, because people don’t like to complain about their neighbors,” committee member Shelley Gonzales said.  

“We’re going to be dealing with these every month because they’re becoming more and more prevalent in residential areas, and it’s ruining the quiet enjoyment of residential areas.” 

The Board of Adjustment was slated to hear the application Tuesday after presstime.