Lakeshore Protection Committee

CITY OF WHITEFISH LAKESHORE PROTECTION COMMITTEE Date: Wednesday, June 23, 2021 Place: City Council Conference Room Recorded By: Dabney Langellier Members Present: Donna Emerson Roger Rowles Nancy Schuber Toby Scott Members Absent: Peggy Brammer Ben Cavin Tara Zimmerman Staff Present: Tara Osendorf 1. CALL TO ORDER Summary: The Committee Chair, Toby Scott called the meeting to order at 6:00 pm. 2. AGENDA CHANGES Summary: None. 3. APPROVAL OF May 12, 2021 MINUTES Summary: Members reviewed the minutes of May 12, 2021. ACTION: Nancy Schuber made a motion to approve the minutes of May 12, 2021. Donna Emerson seconded and the motion passed unanimously. 4. GENERAL PUBLIC COMMENT Summary: None. 5. OLD BUSINESS Summary: None. 6. NEW BUSINESS A. WLV 21-W38 – LEE ROSENTHAL Summary: A variance request to install a dock that will exceed the allowable constructed area due to grandfathered structures in the lakeshore protection zone (LPZ). Tara Osendorf summarized the staff report for members, noting a couple of key points: • The allowable constructed area for the property is 800 square feet. • The grandfathered structures in the LPZ includes a portion of the home. • The previous owners of the property had a shared dock and trampoline with the neighboring property. Prior to the current owner’s purchasing the property, the shared dock was removed and the neighboring property was approved for a personal dock. Page 1 of 3 Lakeshore Protection Committee June 23, 2021 • Since the grandfathered structures exceed the total allowable constructed area, the new owners are applying for a variance for a dock. • Historically, the Lakeshore Committee had been open to permitting a minimal ‘I’ shaped dock with a maximum length of 30 feet, including the gangway, and no more than 240 square feet. • This is a significant amount less than what the applicants are requesting. Consideration of a minor variance: • The grandfathered structures were built in the 1980’s and remain in good shape. If the applicants are to enjoy a dock without a variance, they would have to eliminate a large percentage of the existing structures. • There are a few reasonable alternatives: no dock, a shared dock, or a smaller, minimal ‘I’ shaped dock. Recommendation: Staff recommends the Committee deny WLV 21-W38 as submitted. However, staff is recommending approval of smaller ‘I’ shaped dock, no longer than 30 feet in length and subject to the 12 conditions listed in the report. Members discussed the application with staff and clarified the following items: • The trampoline that was shared with the neighboring property is no longer on site. • An ‘L’ shaped dock would be well over 240 square feet. • The house, deck, and stairs come to 1,140 square feet of constructed area in the LPZ. Clifton Hayden, attorney at law, spoke on behalf of the application and noted the following: • The structures in the LPZ cannot be moved. • The applicants are open to working with the City and the Lakeshore Committee on the size and shape of the dock. • Due to the shape of the shoreline and the draft of the owner’s boat, the applicants would like to request a dock more than 30 feet in length. A narrower dock that is still within 240 square feet is fine, but the applicants may need the additional length. Members discussed the application further with Clifton and Tara: • The 30 foot length and 240 square feet of constructed area are the maximum amounts allowed in previous situations like this one. They are not regulation standards, just historical numbers. • From a staff perspective, a current water depth profile should be submitted showing a depth that is under 4 feet if the applicant’s want a dock longer than 30 feet. • Docks can be installed prior to low water. However, heavy machinery cannot be used in the LPZ prior to low water. ACTION: 1. Donna Emerson made a motion to deny WLV 21-W38. Nancy Schuber seconded the motion and all were in favor. The motion passed. 2. Toby made a motion to approve a dock limited to a total constructed area of 240 square feet and 30 feet in length unless a current water depth profile shows a depth less than 4 feet. However, the total constructed area shall be no more than 240 square feet. Roger Rowles seconded the motion. The motion passed. 8. STAFF COMMENTS Summary: The next meeting is scheduled for July 14th. We will have a new committee member, Tara Zimmerman. There will be 3 variances on the agenda. 9. BOARD COMMENTS Page 2 of 3 Lakeshore Protection Committee June 23, 2021 Summary: None. 10. ADJOURNMENT ACTION: The meeting is adjourned at 6:37 pm. Page 3 of 3