The Whitefish Planning Commission this month approved two requests for variances to setbacks, including one to the lakeshore protection zone setback.  

John Brueggeman requested a variance to extend an existing deck by 8 feet, thereby encroaching 10 feet into the lakeshore protection zone setback and into the required side-yard setback. The home is located at 840 Birch Point Drive. 

Staff recommended denial of the request, but the Planning Commission voted 6-0 to approve it after setting a 5-foot minimum setback from the lakeshore protection zone for the project.  

Whitefish Planning and Building Director David Taylor said he struggled with one finding – whether the 8-foot expansion was the minimum necessary to alleviate the hardship. 

He said having the deck reach the edge of the lakeshore protection zone doesn't provide the protection the setback was designed to give. 

"I'd be more inclined to support it if it was a smaller encroachment, maybe 4 feet," Taylor said. "But, as it is, with 8 feet, I don't think it is the minimum necessary." 

Assigning a new minimum setback, rather than limiting the size of the deck allows the applicant design flexibility when reworking the plans. 

The Commission also approved a variance request by Mike Lockwood to construct a home that encroaches 5 feet into a side yard setback to create a 5-foot setback on the other side of the building at 109 Miles Ave. 

Phase 1 of the zoning ordinance changes went into effect on July 1, so these were the final variance requests to be heard by the Commission. All such requests will now be addressed by staff. 

The planning staff is currently stretched, as retired Senior Planner Wendy Compton-Ring's position has not been filled. 

Commissioner Mike Hein conducted the meeting in the absence of Chair Whitney Beckham. 

Reporter Julie Engler can be reached at 406-862-3505 or [email protected]. If you value local journalism, pledge your support at whitefishpilot.com/support.