IDL sinks dock plan

COEUR d’ALENE - An encroachment permit application for a dock on Lake Coeur d’Alene near City Beach was denied Monday by Idaho Department of Lands Director Dustin Miller.

In his decision dated April 25, Miller wrote that while the proposed dock could have a navigational benefit for applicant Justin Sternberg, “it would negatively impact the public's interest in recreation in the area and health, safety, and welfare of having a safe area to swim that is unencumbered by boats and docks.”

Miller wrote that the proposed encroachment is located within a designated swimming area that does not allow motorized boats in order to ensure the safety of swimmers.

“The area has been designated in that way for years, and swimmers, including triathletes, use the area for swimming,” Miller wrote. “No other single-family docks are present at the other properties in the area, and a dock in the area would limit the area that swimmers could access, as well as decrease swimming safety by increasing boat traffic within the area.”

Sternberg has 30 days to file an appeal with the state district court. His attorney, Jonathan Frantz, could not be reached for comment.

The city of Coeur d’Alene, which opposed the application, was pleased by the decision.

“It protects a swimming area that’s been there a long time,” said City Attorney Randy Adams.

Adams said the decision was consistent with previous cases and existing laws, and he doubted an appeal would succeed.

“It seems with the Supreme Court decision in the Dupont case that it’s unlikely a court is going to reverse the director in this case,” Adams said.

The Idaho Supreme Court case Dupont v. Idaho State Board of Land Commissioners was decided in 2000.

In that case, a dock application was approved, but after the city filed its opposition, the application was revoked.

“The City produced evidence showing the area has been a designated swimming area for approximately 40 years, and the City was granted an encroachment permit to place buoys around the area at least 10 years ago. Furthermore, the buoys forming the outer boundary of the swimming area contain signs saying ‘No Boats,’” according to the Idaho Supreme Court in its summary of the case.

The dock Sternberg proposed would be inside the city’s designated swimming area, which is marked by buoys and extends from the Independence Point steps to Hubbard Avenue at North Idaho College.

The city’s code states: "no person shall operate, navigate, cause to float, moor or anchor any motor driven watercraft or toy boat of any length or any sail powered vessel longer than twenty feet (20') within designated public swimming areas."

According to Sternberg's application filed Jan. 19 with IDL, the dock would extend about 75 feet beyond the ordinary high water mark and has 78 feet of total front footage.

According to a description of the project, Sternberg is proposing to build a 580-square-foot floating timber framed dock off-site. It would be delivered to the site by tugboat and secured with three pilings. There would be additional pilings “to support aluminum access pier." “Install aluminum gangway,” says the application.

Work would be done from a floating barge “in adequate water with experienced crew,” the application states.

An IDL hearing on the application was held March 10. Hearing officer Lincoln Strawhun also recommended it be denied.

“The hearing officer understands that Applicant would like a dock on his waterfront property, however there is no basis to approve the application because the beach in front of Applicant's property is a public swimming beach, boats are not allowed in public swimming areas, and there would be no point in granting a dock when it would be unlawful to moor or operate a boat from that dock," he wrote.

According to Strawhun's preliminary order, Sternberg has lived on his waterfront property year-round for the last seven years.

Frantz argued "that there are no buoys there presently; that he was not aware the beach is a public swimming area; that part of the lake does not freeze over, and boats are frequently there October through May, including cruise boats and fishing boats."

He wrote "it is not unusual for Applicant to use his boat six months out of the year; that there is a difference between a "swim area" and "swim-only area," according to Strawhun's preliminary order.

Frantz also argued that "IDL should not deny the application based on other lot owners potentially applying for docks in the future."

Strawnhun wrote that Sternberg's property "is one of l3 waterfront properties between North Idaho College and Fort Sherman Park in downtown Coeur d'Alene; that there are no private docks and no encroachment permits in this area; it is unusual to have such desirable water frontage in the heart of town and have no encroachment permits for docks."

Miller wrote that approval of Sternberg's application would be inconsistent with the Lake Protection Act because the navigational and economic justification for, and benefits of, the proposed encroachment are outweighed by the lake values.

Mike Gridley, former city attorney who recently retired, filed the city’s opposition to the encroachment permit application.

He said Miller made the right decision.

He said he rode his bike Sunday from the Sanders Beach area through City Park and along the waterfront on Rosenberry Drive where the dock would go just west of City Beach.

“That's just what living in Coeur d’Alene is, to have that public access to the water," Gridley said. “To set up a dock that would invite motorboats coming in, that's just wrong."

If Sternberg were to appeal and win, it would go the Idaho Supreme Court.