Commission tables Lakeshore variance request after debate over dock depth and hardship findings

The Flathead County commissioners on Nov. 4 voted to table a lakeshore minor variance request from applicant Greg Pisk after an extended hearing in which planning staff said the proposal did not meet all required findings for a variance.

Planning staff summarized that the applicant seeks to reconfigure an existing crib dock, remove a 6-by-24-foot walkway between two slips, and move a boat shelter to an outside slip to reach deeper water for maneuvering and to avoid seasonal low-water damage. Greg Pisk told the board he had lost a boat in 2023 due to low water and said the proposed changes reduce overwater coverage and remove failing crib structure.

Commissioners and planning staff focused on the three required findings for a minor variance: (1) undue hardship from strict enforcement, (2) absence of reasonable alternatives, and (3) lack of adverse impacts on the lake or lakeshore. Staff said only the third finding was clearly supportable in the current draft. Commissioners probed whether insufficient depth (less than five feet at the inside slip in low-water conditions) could qualify as a depth-based hardship and discussed whether extending the dock (a standard, costlier application) would be an alternative. After discussion the board moved to table the permit so staff could revise findings to reflect the depth concerns and the applicant’s proposed reconfiguration.

Why it matters: The hearing illustrates how low lake levels and changing conditions are complicating shoreline permitting. Commissioners repeatedly noted that financial cost alone cannot be treated as a hardship under applicable findings, but depth and loss of use can be a relevant consideration when supported by findings.

Next steps: Planning staff will revise the findings and return the application to the commission for further consideration; the board recorded the motion to table FLV25‑05.