Lake Mary Ronan friends file appeal

POLSON - Last week, the group opposed to the 26-lot Northridge subdivision - slated for the northwestern shore of Lake Mary Ronan - took its battle against the project into the legal/procedural arena.

On June 30, the Friends of Lake Mary Ronan and three individuals filed an appeal of Lake County Planner Dave DeGrandpre's interpretation of Lake Mary Ronan zoning laws, as applied to the contentious Northridge major subdivision.

Besides the Friends group, appellants include M.J. Snyder, Robert E. Osborne and Robert H. Lambeth.

The appeal will be heard by the Lake County Board of Adjustments in either August or September, DeGrandpre said Friday.

The planner recently recommended preliminary approval of the Northridge project, based on his finding that the subdivision does comply with the law.

At issue in the appeal is whether or not the subdivision's developer is allowed to use "cluster" development rules, which permit the measuring of lots by averaging their sizes.

In a three-page document, attorney Sarah K. McMillan of Missoula's Tuholske Law Office, P.C. asserts that DeGrandpre's interpretation and application of those regulations is incorrect.

"Lake County has no cluster development regulations," McMillan wrote in her appeal. "… without such cluster development regulations, the West Side Density regulation prohibits lakefront development that exceeds one dwelling unit per five acres."

The attorney also pointed out in her appeal that "the preliminary plat does not include a commitment to grant an irrevocable conservation easement."

Instead, she said, the developers have "simply vaguely stated that they will 'restrict development' on 45 acres."

McMillan also argues that DeGrandpre said, during the June 15 commissioner meeting, that storm water retention had been complied with, "even though the sub-divider had not yet furnished a … storm water management plan for either the subdivision itself or the proposed new road around the lake to serve the subdivision."

The appellants believe that a comprehensive storm water retention and management plan is required before there is compliance with regulations.

The appeal also addresses wetlands regulation compliance, since "no measures to affirmatively protect these wetlands had been proposed."

Sitting on the county's Board of Adjustments are: Jack Meuli, Jerry Winkley, Fred Meuller, Clarence Brazil, and Lucille Buchmann.

DeGrandpre commented that county officials hope to merge the zoning decision appeal with a not-yet-filed appeal of the commissioners' actual decision to approve the subdivision.

Officials are expecting the Friends of Lake Mary Ronan group to file that appeal by July 17 or so.

"We knew this would happen," the county planner commented. "We have anticipated since Day One that this would be a very controversial subdivision."