Commissioners deny lakeshore permit variance for Daniels Asset Management, rejecting undue-hardship claim

Flathead County commissioners on Sept. 4 denied consideration of a lakeshore permit variance sought by Daniels Asset Management (FLV-25-04), concluding the application did not demonstrate the required undue hardship.

Planning staff (Caitlin) outlined two alternative findings for the commission: one that accepted claimed sanitation constraints as hardship and an alternate finding that concluded sanitation limitations did not establish undue hardship because the property already had approved sanitation for three cabins and existing lake access. Commissioners debated the role of lease agreements and private contracts, with one commissioner noting that "that is a private contract that has nothing to do with Flathead County and it doesn't bind us at all" (Commissioner, speaker S4). The commission amended multiple findings (including adopting the alternative to finding 1 and alternative finding 2 describing reasonable alternatives such as subdivision, shared systems or pursuing a marina) and then voted to deny consideration of the variance after noting the applicant was not present to explain the request.

Chair emphasized the county's standard: "It's 1 lot, 1 dock," underscoring that the regulation ties dock allowances to parcels rather than to the number of cabins or lessees. Commissioners instructed staff to return with clarifications if the applicant pursues other approaches (for example, subdivision or an application for a marina). The denial means the applicant must pursue other administrative routes or provide additional documentation before the county will consider any variance.