BLUAC approves pair o permits

By ALEX STRICKLAND / Bigfork Eagle

The Bigfork Land Use Advisory Committee recommended approval for a pair of conditional use permits on Thursday night at a decidedly contentious meeting. Ironically, the permits were for operation of a yoga camp and a "Christian Mysticism Center" and retreat with applicants professing desire for "harmony."

The first conditional use permit application was for the retreat center and was submitted by Naader Shagagi. The permit would allow construction of four two-person cabins for overnight stays at a Christian Mysticism Center he would build and operate on his property on Drew Lane off Highway 83.

George Smith of the Flathead Planning and Zoning Office said the property in question is only 8.5 acres in an Ag-20 zone, which exists as a nonconforming parcel. Smith recommended 12 conditions be added to the permit including requiring Shagagi to get approval in the subdivision by lease or rent process. That process would pose all the same hurdles for development that the county's subdivision review process would, except that there would not be a division of land at the conclusion. Smith said the subdivision by lease or rent is used to screen things like RV parks and campgrounds to ensure that there is appropriate oversight.

The facility would not charge, Shagagi said, but instead rely on donations, thus making it what Smith called "essentially a non-registered church."

Cheryl Palmer, who owns property adjacent to both of the evening's applicants, said she had spoken with Ferndale's assistant fire chief who had been concerned about the possible facility, though the department had not been solicited for or submitted any input. Cliff Palmer echoed the concern about the access on the narrow road.

"I think there's a safety issue here," he said.

The BLUAC board debated the safety issue as well as the potential impact to the neighborhood before voting 4-3 to recommend approval to the Flathead County Board of Adjustment.

For the evening's second application, Craig and Dana Stoddard were seeking a conditional use permit for a yoga facility and kids camp on their property, which is adjacent to Shagagi's.

The Stoddards have been teaching yoga classes from their home, which is permissible as a home business under Ag-20 zoning, but the week-long kids yoga camp they host twice a summer was not. That camp raised hackles with neighbors, though many people who were either students of the Stoddards or had kids who attended the camps spoke in favor of the permit.

Smith said during his presentation that noise from the operation was pretty much limited to the "laughter of 12 year old kids," but Cheryl Palmer took strong issue with that characterization.

Palmer said a wetland area along the border of her property and the Stoddard's lets sound travel easily and that it sounds like "a recess all day long."

Palmer does not live on the property, but said her current tenants were vacating the home because they were disturbed by the noise.

"They've taken away my lifestyle," she said. "I'm not going to put up with that type of noise, it's toxic to my system."

Another nearby property owner, Jessica Beasley, said she had concerns about a commercial-type operation affecting property values in the very rural area.

Smith pointed out that Flathead County does not have a noise ordinance and that if a sheriff's deputy is called to a noise complaint, they will only issue a citation if they think it rises to the level of a disturbance.

Stoddard said he would be willing to widen the road to his home and would provide bus service from Highway 83 during the camps to minimize wear and tear and dust on the road.

BLUAC added a few condition, including road widening and an "OK" from local fire and emergency medical service agencies, then passed a recommendation for approval with a 7-0 vote.

In other business at the meeting, it was noted by chairperson Shelley Gonzales that there is still no date set for the Bigfork Neighborhood Plan to go before the planning board for a workshop as Flathead County Commissioners have yet to vote on a text amendment to county zoning laws.