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Swan Lakers is a
NON PROFIT
organization.
CONTRIBUTIONS
are appreciated and will be used to provide information to
the community and for legal representation, if needed, to protect
the Swan Lake ecosystem and the rural character of the area.
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Swan Lakers
P.O. Box #399
Bigfork, MT 59911
(406) 837- 4511
Contact us |
Welcome to our
website.
Today is Thursday,
July 03 2008.
"Never doubt that a small group of thoughtful, committed
citizens can change the world.
Indeed, it is the only thing that ever has."
Membership and Contribution Information
Any Level of
Support is appreciated
Printable, downloadable
MEMBERSHIP /CONTRIBUTION FORM
or email
info@swanlakers.org
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Beautiful
summer
weather at
last!
As we enjoy
recreating
on Swan
Lake, please
be mindful
of a
possible,
unintended
consequence;
namely, the
introduction
noxious
weeds.
Eurasian
water
milfoil
is one
example.
Click here
for methods
from Montana
Fish
Wildlife and
Parks to
prevent the
spread of
this
noxious,
aquatic
plant and
other
noxious
species.
New
information
on the plan
by Montana
Fish,
Wildlife and
Parks to
size up the
lake trout
population
in Swan
Lake.
Follow this
link.
Lake trout,
a non-native
fish, pose
significant
threat to
the Bull
trout in
Swan Lake.
We are
STILL waiting
for a
decision
from the
State
Supreme
Court on
the
issue of
the
'Swan
Lakers
standing'
in its
lawsuit
against
Lake
County.
NEW!
We recently
received two
letters from
Lake County;
one is
concerning
a DNRC grant
to do LiDAR
mapping for
Flathead
Lake and
Swan Lake.
Light
Detection
and Ranging
is a remote
sensing
system used
to collect
topographic
data. The
County
intends to
use the
information
to
incorporate
floodplain
mapping,
review
subdivision
and zoning
proposals,
review
septic
system
permitting
and
stormwater
management,
and to
support long
range
planning and
zoning
documents.
We have sent
a letter of
support to
the
Planning Board for the
Renewable
Resource
Grant.
In regard to
floodplain
and
stormwater
management,
we also
received a
letter from
the County
Attorney
that Milhous
Group "has
offered to
provide
materials to
Lake County
to fix an
existing
problem with
culverts on
Johnson
Creek at
Sunburst
Drive. The
culverts are
too small
and cause
floodwaters
to back up
and flow
over the
county
road.
Seasonal
flooding of
Johnson
Creek was
one of
several
issues that
the Swan
Lakers did
not feel was
adequately
addressed
during the
Preliminary
Plat review
and approval
of the
Kootenai
Lodge
Condominium
Subdivision,
even after
submitting
pictures of
the
situation in
the spring
of 2005.
The County
now wants to
take
advantage of
Milhous
Group's
offer to
correct the
problem. Our
response to
the County
Attorney
from our
attorney on
this matter
has been
emailed to
all of our
members. If
you would
like a copy
forwarded to
you, please
email us at
info@swanlakers.org
Other Items
of Interest:
Daily
Interlake:
New FEMA
Flood
Insurance
and
Flood
Insurance
Rate
Maps
A new
Swan
Valley
ownership
and
conservation
map is available
at:
www.swanvalleyconservation.org
Recent
Articles
Regarding
the Kootenai
Lodge
Condominium
Project
Bigfork Eagle" RE:
Milhous
Group
not bad
Flathead Beacon:
"Legal Saga
Over
Kootenai
Estates
Continues"
Bigfork
Eagle: "Swan
Lakers put
freeze on
condo
project"
Missoula
Independent:
"Troubled
Waters"
...
"Swan Lake
Development
Lost at Sea"
On December
19
the Montana
Supreme
Court
granted an
injunction
negating the
final
approval
granted to
Milhous by
Lake
County. In
effect, the
ruling turns
back the
clock to the
day before
the
Commissioners
granted
final
approval;
Condo units
cannot be
sold until
this case is
resolved.
The Court
said no bond
was required
because issues
have been
raised that are
important to
society.
Please
follow this
link for a
copy of the
Court Order.
The Court
also ruled
that it will
expedite the
appeal.
Our appeal
was due by
Dec 28th,
which has
been
prepared and
submitted. Milhous
has until
January 11,
2008 to
respond.
The
Swan Lakers
submitted a
response to
his position
before January
18, 2008. Although
we have not
been
notified of
the exact
date, the
case should
be heard
sometimes in
February.
The Montana
Supreme
Court
apparently
has a quite
a backlog of
cases, but
the court
recognizes
that it's
important
that the
case be
resolved as
soon as
possible to
avoid
unnecessary
harm to all
parties.
Daily
Interlake
Article,
August 9,
2007
RE: Temporary
Restraining
Order
prevents
Lake County
from
granting Final
Plat approval
for the
Kootenai
Lodge
Condominium
Subdivision
until the
legal issues
are
resolved.
District Court Judge Harkin
previously ruled that
the Swan Lakers had no
standing to proceed with
the
brief
filed
in
District
Court
requesting
a
preliminary
injunction
of
final
plat
approval
of
the
Kootenai
Lodge
Condominium
Subdivision
by
the
Lake
County
Commissioners.
Brief
in
Support
of
Motion
for
Preliminary
Injunction
Three
additional
briefs
were
filed
by
the
Swan
Lakers
previously
to
the
above
brief.
The
outcome
is
still
undetermined. (Large
files!)
REMEMBER
that Legal Notices
for proposed
projects in
our area are posted in the
Bigfork Eagle
classified
section. The same notices appear
in the
Lake County Leader
classified
section. These notices are
somewhat hidden. Please scroll
down through the classified ads
to the Legal Notices or click on
the "Legal
Notices" link under the
"CLASSIFIED" heading
"Requirements
for Storm Water Discharge During Construction
Activity Brochure"
(pdf)
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Information
supplied
by
the
Yellow
Bay
Biological
Station
that can
educate
us
all
on
things
we
can
do
to
preserve
the
quality
and
beauty
of
our
lakes
and
rivers.
The
"Montana
Lake
Book"
is
an
informational
guide
on
Lake
Basics,
including
signs
and
causes
of
degraded
water
quality,
and
what
we
can
do
to
prevent
the
degradation
of
water
quality,
to
protect viewshed
and
plant,
fish
and
wildlife
habitat,
and
the
enjoyment
of
water
resources
by
all.
The
"Montana
Lake
Book"
even
has
information
on
septic
system
maintenance
and
responsible
construction
and
boating
practices.
Please
take
a
few
minutes
to
review
the
information,
particularly
if
you
are
planning
any
building,
ground
work,
fertilizing,
or
weed
spraying
near
the
lake
or
river.
Please
share
this
information
with
others
who
live,
work
or
play
on
the
water.
The
document
is
in 2
sections
due
to
the
file
size.
"Montana
Lake
Book
Section
1"
"Montana
Lake
Book
Section
2"
It
may
take
a
while
to
open
these
files.
They
are just
under
10
megabytes
each,
so
please
be
patient.
If
problems
are
encountered
opening
the
files,
please
let
us
know
and
we
will
find
a
way
to
get
the
information
to
you.
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Kootenai Lodge
Zoning District
The Commissioners
signed the
Resolution of Intent
to adopt the
Kootenai Lodge
Zoning District December 19,
2006. A 30 day
protest period
followed and it is
assumed that a final
resolution was
signed by the
Commissioners in
January.
However, the final Zoning
Regulation text,
which would be filed
upon adoption, is still not available
on the Lake County
website.
Without seeing
the final document,
it is difficult to
determine whether
the following
resolutions to our
concerns followed
through to the
adopted text.
These were as
follows:
1)
Effective Date:
It was agreed
upon that "The
regulations will
become effective
upon final plat
approval of the
Historic
Kootenai Lodge
Condominium
Subdivision/Kootenai
Lodge Estates."
2)
Barn:
At the Nov 1st
meeting a
consultant for
the Milhous
Group asked to
have the
language
changed to
include an
exercise
facility, rather
than just the
original
maintenance
facility. There was
no new information
submitted by the
developer in support
of the barn being
used as an exercise
facility, so it is
our
understanding
that the
Commissioners chose
not to modify
the language that
restricts the barn
to use as a
maintenance
facility.
3)
Non-conforming
Structures
It was agreed
upon to move
forward with the
recommendation
against
an additional
50% expansion at
a later date.
1. The
degree of
non-conformity
is
NOT expanded.
2.
No portion of
the structure
shall extend
closer than the
existing
structure to any
non-conforming
setback
requirement (as
measured from
the closest
extension of the
structure to the
high water line
of a lake,
stream or a
property line;
and 3. The
impervious
surface limits
of these
regulations are
complied with.
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More on the
Kootenai Lodge
Zoning District:
The last available
information we have
can be viewed by
following the links
below.
http://www.lakecounty-mt.org/planning/KootenaiLodge.html
Last draft of the
proposed
Zoning District
Regulations
Draft Planning Board
Minutes October,
2006 on
Creation of the
Kootenai Lodge
Zoning District
Lake County Planning
Staff Report
for
Commissioners
review for November
1 hearing
Results of 10-11 Planning Board
Hearing:
Staff Report for Kootenai Lodge
Zoning District and
Staff Amendments to
Draft Zoning District
Regulations
Please Note: Staff
recommended changes are
highlighted - These sections
were added or changed
from the original proposal,
including a provision to allow
for a 50% expansion of existing
structures. See Section IV-D of
"Staff
Amendments"
Request to Create Zoning
District |
Original
Draft Zoning District
Regulations
submitted by petitioner
(before amendments
presented at October 11 Planning
Board meeting) |
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Archived
Kootenai Lodge Documents
Commissioners' Minutes 4/4 2006 |
Revised Preliminary Plat Approval & Conditions of
Approval
The original
Conditions of Approval for the
Subdivision can be reviewed at:
May 3 Conditional Letter of
Approval & Findings of Fact
Historic Kootenai Lodge Condominium Proposal
Commissioners 5/3
Mitigation and
Conditional Approval
Hearing
Transcription
pgs 1-20 |
pgs 21-40 |
pgs 41-60 |
pgs 61-83
To learn more about
Zoning Districts
please the:
Montana Codes
Annotated website.
76-2-205. Procedure
for adoption of
regulations and
boundaries
76-2-202.
Establishment of
zoning districts -
regulations
76-2-305. Alteration
of zoning
regulations --
protest
76-2-210.
Enforcement of
zoning provisions
Other important considerations RE: "Effects on the Natural
Environment" :
"Requirements
for Storm Water Discharge During Construction
Activity Brochure"
(pdf)
and the
"Final Water Quality Protection Plan and TMDLs for
the Swan Lake Watershed" (pdf)
(Administrative Rules of Montana (ARM) and DEQ -
Relevant to the Kootenai Lodge Condominium
development)
Submit comments and/or questions
to:
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Lake County Planning
Department
106 4th Avenue East
Polson, MT 59860
Phone: 406-883-7235
Fax: 406-883-7205
Email:
planning@lakemt.gov |
Lake County Commissioners
106 4th Avenue East
Polson, MT 59860
Phone: 406-883-7204
Email:
commissioners@lakemt.gov |
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HISTORIC KOOTENAI LODGE
CONDOMINIUM SUBDIVISION
The
"Historic Kootenai Lodge Condominium Subdivision" continues to be
the main concern to most of the community. DENSITY
continues to be the issue. Even with the reduced density
of 42 units, this HIGH DENSITY remains out of character for
surrounding development and the entire Ferndale and Swan Lake
communities. It still threatens to degrade water quality,
wildlife habitat, public health and safety, cultural and historical
resources, and the rural character of the area. Many
community members feel that
the Lake County Commissioner's approval of
the Preliminary plan in early May 2005, was premature due to the
insufficiency of several critical sections of the
application. In addition, the proposed public sewer facility had no
disposal site identified, nor did the developer yet possess any
property on which to accommodate the disposal system.
The PROCESS of review and approval of this development
did not follow the traditional process that is normally
required for other proposals. The community's TRUST
in our elected officials and governing bodies has been seriously
degraded, throughout the review and approval of this proposal. The
approval of this development has, in effect, changed the way the
regulations are interpreted and gives explicit consideration to
developers.
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Plans, Maps, Staff Reports, Meeting Minutes & other
Correspondence:
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Learn about
the History and Visit
The Kootenai Lodge Beyond the Gates
"The Storybook
Place"
Flathead Living magazine cover story Fall 2004 (PDF)
"From Copper Kings to Cradles" -Montana Living magazine
Autumn 2000 cover story (PDF)
More
Kootenai Lodge Photos
More links to
important Regulations...
Lake County Planning
Department
Lake County Growth Policy
Density Map and Regulations
Lake
County Subdivision Regulations
Lake
County Lakeshore Regulations
Montana Codes Annotated
Montana Code and Constitution
Swan Site's Zoning Regulations
Past Articles, & Opinions
Condo
Conundrum" November 3
Kootenai
Lodge suit could set Subdivision Precedent
10/26/05 Bigfork Eagle
District
Judge rules in favor of Swan Lakers
Judge Harkin Ruling 10/19/05
Montana
Preservation Alliance Fall Newsletter - Montana's Most Endangered Places
- 2005
Lake County faces new suit over Swan Lake...
Developers have no respect for Montana...
Third lawsuit filed over Kootenai condos 6/8
Lakers bring suit against county
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