Couple seeks approval for vacation rentals

A Bigfork couple whose commercial wedding facility was shut down four years ago because of a zoning violation now are asking for permission to operate two separate vacation rental homes on their property.

Bill and Alan Myers have applied to the Flathead County Planning Office for administrative conditional-use permits to operate short-term rentals at 988 and 1006 Myers Lane, located at their Ten Arrows Ranch off McCaffery Road near Bigfork.

The county Board of Adjustment will hold public hearings on both permit requests at its Oct. 3 meeting.

Neighbors claim the Myerses are using the short-term rentals on their property as a way to host weddings and other large events at their ranch.

Flathead County recently adopted performance standards for short-term rental housing, and having an administrative conditional-use permit is one of the requirements. Permit applications without public opposition are considered in-house by the county zoning administrator, but if opposition is presented the application then goes to the Board of Adjustment for a decision.

The Planning Office received three written letters of opposition to the Myers’ proposed use.

“The primary concerns include an inadequate application based on the applicant’s Airbnb post, impact of noise and traffic, and that the Myerses are using the short-term rentals as an avenue to host weddings and other events which are currently not permitted on the site,” the planning staff report notes.

When the couple submitted their application for the short-term rentals, they had an Airbnb advertisement that stated “if guests rent both log homes and bunkhouse for a week minimum they may use our huge and awesome barn with wood floor for family reunions and other celebrations …for an extra fee of $30/night, we would allow a self-contained RV.”

On Aug. 28 county officials informed the Myerses that renting the bunkhouse, hosting events and allowing RV rentals onsite is not permitted, and they subsequently updated their Airbnb listing.

Wendee Jacobs of the county Environmental Health Department pointed out in her written comments that the current septic permit for the property allows a maximum occupancy of six people. Jacobs said one Airbnb ad for the Myers’ vacation rentals noted the additional “bunkhouse” can also be rented to serve 12 guests.

“Based on a site visit, the bunkhouse is located at 1006 Myers Lane. This use constitutes a violation of the septic permit …a previous ad also advertised an RV site to be occupied with the rental of the cabin,” Jacobs stated in her written comments. “Rental of an RV site also constitutes a violation of the septic permit.”

Zoning for the Ten Arrows Ranch doesn’t allow commercial weddings. The couple held weddings at their property during the summers of 2011 and 2012, and when they were ramping up for a full schedule in 2013 neighbors complained about the noise, dust and neighborhood intrusion.

The county Planning Department investigated and shut down the facility.

In 2014 Alana Myers pleaded guilty in Justice Court to a criminal misdemeanor for violating county zoning laws. Even though the couple had agreed to no longer accept payment for the use of their facility, she continued to hold weddings throughout a 30-day notice to desist and through a subsequent reminder period. By then the 2013 summer wedding season was over.

The Myerses twice tried a different route to be able to use their facility for weddings, applying for a conditional-use permit to establish a high-impact recreational facility and caretaker facility at their ranch — a conditional use that is allowed for suburban agricultural property. The first application was pulled after Alana Myers was charged with the zoning misdemeanor. The second application filed last year also was pulled amid another round of neighborhood opposition.

The Board of Adjustment meets at 6 p.m. Tuesday, Oct. 3, in the second-floor conference room of the South Campus Building, 40 11th St. W., Kalispell. Board of Adjustment decisions are final, and are not forwarded to the county commissioners for further consideration.

Features editor Lynnette Hintze may be reached at 758-4421 or lhintze@dailyinterlake.com.