The Flathead County Board of Adjustments on May 5 tabled an appeal challenging the construction of a commercial marina in Lakeside amid pending litigation. 

Chair Calvin Dyck said the board was legally advised to table the appeal as a lawsuit involving the commercial marina permit makes its way through the courts.  

Citizens for a Better Flathead filed suit against Flathead County commissioners and the county Planning and Zoning Department in February over the approval of a commercial marina permit and minor variance request for a 150-foot dock in Lakeside. A Flathead County District Court judge halted construction of the dock in early March while the case is being litigated.  

Arizona-based Discovery Land Company, which applied for both permits under Flathead Lake Land Partners, LLC, is behind plans to construct a commercial marina at 688 Lakeside Blvd. that will primarily benefit members of its forthcoming lakeside resort. 

The appeal brought before the Board of Adjustment was filed by Lakeside resident Kate Droll, with technical assistance from Mayre Flowers, co-executive director of Citizens for a Better Flathead. Droll alleges planning staff misinterpreted zoning regulations when they allowed developers to construct the marina without a conditional use permit.  

A commercial marina is considered a “commercial recreational area” in the Lakeside Zoning District and requires a conditional use permit, according to county zoning regulations. Planning staff originally told developers the permit wasn’t needed until the marina was in operation.  

Droll filed a zoning complaint against Discovery on March 1, alleging that construction without the permit violated regulations. She pointed to a section of the regulations that states “no structure, building or land shall be used, constructed, altered or expanded” where a conditional use permit is required until that permit has been authorized.   

After receiving the complaint, planning staff sent an email on March 2 to Discovery Land Company that outlined conditions for the permit. On March 16, a 30-day zoning violation notice was issued to the property owners, requesting them to either classify the marina as a private facility or apply for a conditional use permit. 

Discovery Land Company Vice President Jeremy Pfile responded to the notice on April 13. He said developers intend to apply for a conditional use permit once the lawsuit is resolved by the courts, according to an email sent to planning staff.  

Report for America reporter Hannah Shields can be reached at (406) 758-4439 or [email protected]. If you value local journalism, pledge your support at dailyinterlake.com/support.