City Halts Construction Of Sanders Beach Home Work Will Be Stopped Until Association’s Lawsuit Is Resolved

Construction was stopped on a Sanders Beach home late Wednesday afternoon by the city, a day after a lawsuit was filed by a beach protection group.

City officials issued a stop-work order on a two-bedroom house being built by Joe Chapman. Foundation construction started late last week.

Coeur d’Alene officials acknowledged that the suit filed by the newly formed Sanders Beach Preservation Association prompted them to call a halt to Chapman’s project just 22 days after issuing the permit for the foundation.

“We felt, based on the litigation as we understand it, that was the appropriate step to take,” said Jeff Jones, city attorney. The city’s order, “stops work on the project until further resolution or further hearings.”

There is a hearing set for Oct. 14 in Kootenai County District Court.

Chapman did not return telephone calls Thursday.

The association praised the city’s action.

“We are very definitely pleased,” said Roger Johnson. “We hope the outcome (of the lawsuit) is equally satisfying.”

Several people attended a City Council meeting earlier this month to protest the building permit, saying it marks the end of public access to the small beach. The city says it cannot open or close the beach, since people with homes on the north side of East Lakeshore Drive pay taxes on the beach property.

But Johnson emphasized that the association only is interested in the city issuing building permits on the beach, not public access.

The suit alleges that the city violated three ordinances, one passed in 1928, one passed in 1965 and another passed in 1982. The first two laws prohibit buildings on the south side of East Lakeshore Drive.

There is some speculation that the most recent ordinance, the shoreline ordinance, repealed the first two laws. That’s untrue, according to attorneys for the association.

In addition, the ordinance says one of its purposes is “to protect, preserve and enhance the visual resources and public access,” the association suit notes.

The suit also alleges that the city broke the law by approving a structure that will be too tall. The shoreline ordinance says no building can be taller than 20 feet, as measured from the original elevation of the property.

Chapman plans to raise the property level five feet and then build a 20-foot tall home, the suit says.

, DataTimes