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Revised 03-29-2023 Page 1 of 5 City of Whitefish Planning & Building Dept 418 E 2nd St │PO Box 158 Whitefish, MT 59937 Phone: [PHONE REDACTED] SUPPLEMENTAL LAKESHORE VARIANCE APPLICATION WHITEFISH or LOST LOON LAKE FEE ATTACHED $ The variance mechanism is not intended to address situations that are a matter of convenience rather than hardship. It is not intended to provide economic relief from a specific standards requirement. A lakeshore variance is not intended to address a violation that does not conform to the lakeshore regulations. INSTRUCTIONS: Pre-application meeting is required with city staff. Date of pre-app meeting: Submit the application fee, completed standard lakeshore construction permit application, the supplemental variance application and appropriate attachments to the Whitefish Planning & Building Department a minimum of three weeks prior to the Lakeshore Protection Committee meeting at which this application will be heard. The regularly scheduled meeting of the Lakeshore Protection Committee is the second Wednesday of each month at 6:00 PM at City Hall at 418 E 2nd Street. Staff will make a recommendation to the Lakeshore Protection Committee. A staff recommendation for approval of a variance does not provide a guarantee that the variance will be approved. After the Lakeshore Protection Committee meeting, the application will be forwarded along with the Committee’s recommendation to the next available City Council meeting for final action. Appeals of the decision of the Whitefish City Council must be made in District Court per §75-7-215 of the Montana Code. A. PROJECT INFORMATION: Project Name: Street Address: Assessor’s Tract No.(s) Lot No(s) Block # Subdivision Name Section Township File Date: Intake Staff: Check Amount: Acct 1000 101000 341066 Date Complete: (see current fee schedule) ---PAGE BREAK--- Revised 03-29-2023 Page 2 of 5 I hereby certify that the information contained or accompanied in this application is true and correct to the best of my knowledge. The signing of this application signifies approval for the Whitefish Staff to be present on the property for routine monitoring and inspection during the approval and development process. Owner’s Signature** Date Print Name Applicant’s Signature Date Print Name Representative’s Signature Date Print Name B. APPLICATION CONTENTS: Attached ALL ITEMS MUST BE INCLUDED - INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED One printed copy and one electronic copy of the application and supplemental materials. Lakeshore Construction Permit Application Supplemental Lakeshore Variance Application Submit a site plan, either drawn to scale or with dimensions added, which shows in detail your proposed project, its dimensions, your property lines, existing and proposed buildings, traffic circulation, driveways, parking, landscaping, fencing, and any unusual topographic features such as slopes, drainage, ridges, etc. Where new buildings or additions are proposed, building sketches and elevations must be submitted. Address ‘Findings’ and ‘General Criteria’ under D and E Major Variances: • Address ‘Major Variance Criteria’ under F • Submit ‘Environmental Impact Statement’ that addresses the six criteria found in §13-4-1-B-2-b C. OWNER/APPLICANT INFORMATION OWNER(S) OF RECORD: Name: Phone: Mailing Address: City, State, Zip: Email: **May be signed by the applicant or representative, authorization letter from owner must be attached. If there are multiple owners, a letter authorizing one owner to be the authorized representative for all must be included. SIGN SIGN SIGN ---PAGE BREAK--- Revised 03-29-2023 Page 3 of 5 APPLICANT (if different than above): Name: Phone: Mailing Address: City, State, Zip: Email: OTHER TECHNICAL/PROFESSIONAL: Name: Phone: Mailing Address: City, State, Zip: Email: D. REVIEW CRITERIA – The following criteria form the basis for approval or denial of the variance request. The burden of satisfactorily addressing these criteria lies with the applicant. These criteria are intended to prevent the circumvention of the lakeshore protection regulations and are typically based on a unique circumstance over which the property owner has no control. 1. Describe the nature of the variance request. 2. Explain which specific section of the Lakeshore Protection Regulations the variance would apply and the extent to which the request would deviate from the standard. 3. Explain the reason why the variance is needed. ---PAGE BREAK--- Revised 03-29-2023 Page 4 of 5 4. Describe the conditions of the site as they now exist without the variance. E. DESCRIBE THE ANTICIPATED IMPACTS AS THEY RELATE TO THE POLICY CRITERIA BELOW: (Note: A “yes” or “no” answer or simple restatement of the question is not acceptable.) 1. Due to unusual circumstances, a strict enforcement of such requirements and standards would result in undue hardship. 2. No reasonable alternatives exist which do meet the standards herein. 3. Granting of the variance will no have adverse impacts on a lake or lakeshore in terms of the “Policy Criteria for Issuance of a Permit” contained in Chapter 4 of the Whitefish Lake and Lakeshore Protection Regulations. ---PAGE BREAK--- Revised 03-29-2023 Page 5 of 5 4. Alternatively to 1 and 2 above, the granting of a variance would result in a general and universal public benefit. F. MAJOR VARIANCE CRITERIA: (Requires detailed answers to each of the following criteria below.) 1. The variance request does not meet the requirements of §13-4-2A(1) for a minor variance. 2. The variance request deviates substantially from the construction requirements or design standards of the regulations. 3. The variance request creates a major environmental impact.