Sanders Beach On The Fence City Council To Decide On Construction Of Barricade That May Impede Access

Just a month after a judge blocked construction of a home on Sanders Beach, another property owner appears to have violated city laws by building a fence.

The City Council will decide next week what legal action to take against Jack Simpson of 1321 Lakeshore Drive, said City Attorney Jeff Jones.

The city received a complaint Monday morning about a fence being constructed on Sanders Beach. An inspector found new sections of fence running from Lakeshore Drive down toward Lake Coeur d’Alene’s high water mark on either side of Simpson’s land.

It is not clear whether that will block public access to Simpson’s section of Sanders Beach during high water. However, the fence appears to violate the city’s 1982 Shoreline Ordinance, which prohibits building any new structure within 40 feet of the shore. The city issued a stop-work order, Jones said.

Simpson did not return phone calls Tuesday. He applied for a permit to build a seawall across his beach property last year and was refused permission by the city building department.

Simpson appealed that decision to the City Council. The council also refused but instructed the Planning and Zoning Commission to come up with a method for people to construct seawalls under some circumstances in areas governed by the Shoreline Ordinance.

After studying the issue, the Planning Commission recommended against allowing new seawall construction. The council eventually concurred.

The fence is the second major salvo in a matter of months by East Lakeshore Drive property owners, who own houses on the north side of the street and beach lots on the south side of the street. Those beach lots form a narrow strip of ground known for years as Sanders Beach.

The public has used the beach for a century, but that use has become more and more contentious in recent years.

In September property owner Joe Chapman started building a house foundation on his beach lot with the city’s permission. An angry crowd of nearly 70 people attended a City Council meeting urging the City Council to reconsider.

When nothing happened, neighbors created the Sanders Beach Preservation Association and sued the city.

In late October, Kootenai County District Judge Gary Haman ruled that allowing construction of the house violates city ordinances and ordered the city to rescind the foundation permit. The city decided not to appeal that decision and withdrew the foundation permit.

That prompted Chapman to write the city asking that it revoke those ordinances. He strongly hints that he will sue the city for losses he estimated at $235,000 if it doesn’t capitulate.

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MEMO: This sidebar appeared with the story: WHAT’S NEXT The City Council will decide next week what legal action to take on the fence.