Lakeshore Protection Committee

CITY OF WHITEFISH LAKESHORE PROTECTION COMMITTEE Date: Wednesday, July 13, 2022 Place: City Council Conference Room Recorded By: Dabney Langellier Members Present: Donna Emerson Peggy Brammer Roger Rowles Nancy Schuber Toby Scott Members Absent: Tara Zimmerman One vacant position Staff Present: Dave Taylor Nelson Loring 1. CALL TO ORDER Summary: Toby Scott, the committee chair, called the meeting to order at 6:01 pm. 2. AGENDA CHANGES Summary: None. 3. APPROVAL OF JUNE 8, 2022 MINUTES Summary: Members reviewed the minutes of June 8, 2022. ACTION: Donna Emerson made a motion to approve the minutes of June 8, 2022. Nancy Schuber seconded the motion. All were in favor and the motion passed unanimously. Peggy Brammer arrived. 4. GENERAL PUBLIC COMMENT Summary: Cynthia Ingelfinger with the Whitefish Lake Institute inquired about riprap being applied to a property just down from City Beach. Dave confirmed this project does have an approved permit and it does meet regulations. This is currently the preferred method, but staff is looking into changing the regulations. 5. UNFINISHED BUSINESS A. WLV 22-W08 – BIRCH HILL HOA Summary: This item was presented at the last Lakeshore Committee meeting. However, there was not a quorum present, so the members were unable to vote on the application at that time. The applicant is requesting to extend the existing dock to exceed the allowable length. Dave Taylor summarized the staff report for members, noting a couple of key points: Page 1 of 5 Lakeshore Protection Committee July 13, 2022 • Birch Hill HOA currently has a dock that serves 29 homeowners. It is 143 feet in length, has an ‘I’ shape, and has a surface area of 708 square feet. The dock extends into Monks Bay across a shallow mudflat. • Lakeshore regulations state no dock including gangway should exceed 100 feet in length. When water depth is less than 4 feet, dock length may be extended to reach the 4 foot depth, but not to exceed 100 feet in length. • The water depth profile submitted with the application shows the depth at the end of the 143-foot dock is 3 feet 2 inches. The requested 20-foot extension would gain the applicant 6 inches in depth at low water. • Currently, the applicant can fit 6 boats on their dock, but at low water only 2 boats fit. The requested extension will allow an additional 2 boats at low water. • The adjacent docks are at or above 100 feet. The Sheffels’ at 100 feet, Abell’s dock at 210, and Wildwood at 217. Consideration of Minor Variance • This is an unusual circumstance that is site specific due to the shallow bay and mudflat. The current dock only achieves 3 feet 2 inches in depth, which is less than the 4 feet depth allowed for docks up to 100 feet. All the landowners in Monks Bay face this issue and have docks that extend at or above 100 feet. Aerial photos show the mudflat extending to about 100 feet from the shoreline. • There is no reasonable alternative location for the dock and dredging is not allowed. In addition, changing the shape of the dock would not gain more depth. • There would be no water quality, wildlife habitat, or environmental impacts if the variance were granted. However, some of the neighbors have voiced the concern of potential navigation and safety concerns due to the large rock marked with a bouy and sand bar that boaters currently have to navigate around. • Based on the application not meeting all 3 criteria, staff is recommending denial of this application unless the applicant can demonstrate that there would not be a navigational hazard. If the application should be approved, there are a number of conditions that would have to be met as listed in the report. Recommendation: Staff is recommending denial of WLV 22-W08. If committee members should approve application WLV 22-W08, it will be subject to the 29 conditions as listed in the staff report. Members did not have any questions for staff at this time. Tom Abshire, President of the Birch Hill HOA, was in attendance to represent the application. He addressed some of the concerns regarding the extension and noted the following: • Birch Hill is hoping to get an additional 2 boat slips out of the extension. • The extension will not interfere with navigation, since the Abell dock and the big rock are the deciding factors on the navigation corridor, which is roughly 175 feet wide. • The safety concerns brought forward are based on personal appeal only. There is little evidence of boater/swimmer accidents on Whitefish Lake. Based on Coast Guard data, 2 additional boat slips would increase the number of accidents by 1 per every 5,000 years. Therefore, there is not a perceptible increase in risk by adding 2 boat slips. • The State of Montana holds ownership on all land and water below the water line. Therefore, the dock extension will not encroach on any property lines. • The Birch Hill HOA believes the application does meet the variance criteria and neighbor opposition is not a factor for denial. No one from the public wished to comment further on this application at this time. Page 2 of 5 Lakeshore Protection Committee July 13, 2022 ACTION: Nancy Schuber made a motion to deny WLV 22-W08. Roger Rowles seconded the motion. All were in favor and the motion passed unanimously. Members did not feel the application met all the variance criteria and additional alternatives do exist. The application will go before City Council in August. 6. PUBLIC HEARINGS & ACTION A. WLV 22-W22 – D & S PERL FAMILY TRUST Summary: The applicants are requesting to repair an existing retaining wall and steps. As well as, minor variances to widen two stone steps on the rear entry of the house and for a one-time dynamic gravel beach placement. All activities will take place at 298 Skyles Place. Dave Taylor summarized the staff report for members, noting a couple of key points: • The house is right up against the lakeshore protection zone (LPZ). • The patio is in the LPZ and grandfathered in as a non-conforming structure. • The applicants would like a minor variance to add 2 steps coming out of the patio door and make them 6 feet wide to meet the patio door width, instead of the regulation maximum allowed of 4 feet wide. • The applicants would also like to do a one-time beach gravel application to create a dynamic wave break. Based on the findings from Dr. Mark Lorang, this is an alternative way to protect the shoreline from erosion. The cubic yards of gravel and the size of the gravel in this proposal exceed the Lakeshore Regulations requiring another minor variance. • The existing stone patio, stacked retaining wall, dock, and buoy are all in the LPZ. • This proposal will not require excavating any dirt. • A floodplain permit is required through FEMA for the dynamic gravel beach. • The repairs to the retaining wall and steps do not require a variance and are a standard lakeshore permit request. Consideration of Minor Variance • Undue hardship exists because the house was built up to the LPZ with most of the patio in the LPZ. • Other alternatives exist but to facilitate the existing door, they will need the 6-foot-wide step. • Granting the variance would not have an adverse impact on the lake environmentally. Recommendation: Staff is recommending approval of WLV22-W22 with the 22 conditions listed in the report. Members discussed the application with Dave, clarifying the following items: • Nothing is being done to the patio. The steps will be added at the patio door. However, minor repairs of existing structures does not require a permit. • Dr. Mark Lorang, Kurt Vomfell, and Dave did a site visit together. This same application was applied to the property next door and Mark felt it was appropriate for this property as well. Kurt Vomfell with Terra Designworks was in attendance to represent the application and noted: • Ideally it is better to get rid of all retaining walls. However, you would have to excavate the entire lakeshore. In this situation, it is better to protect the retaining wall that is there. • The retaining wall footings have been exposed due to wave action. • The applicants would like to do: o Repair the retaining wall. Page 3 of 5 Lakeshore Protection Committee July 13, 2022 o Level the stones in the patio. o Apply the beach gravel to protect the footings of the retaining wall. o Make the stairs safer. • The proposed work will not add or change the impervious square footage. • The neighboring project was completed in 2019. The gravel has moved around, which is the intent, but it has held up well. No one from the public wished to comment further on this application at this time. ACTION: Roger Rowles made a motion to approve WLP 22-W22. Donna Emerson seconded the motion. All were in favor and the motion passed unanimously. The staff report erroneously did not include the stone patio repairs. It will be amended prior to going to City Council. The application will go before City Council on September 6. B. WLV 22-W27 – BUDIN REVOCABLE TRUST Summary: The applicants are requesting to replace an existing deteriorating railroad tie retaining wall with a new stacked rock retaining wall at 1494 Barkley Lane. Dave Taylor summarized the staff report for members, noting a couple of key points: • The property has an existing dock and boat house in the LPZ with 553 square feet of constructed area with the retaining wall, which is under the allowable 560 square feet for this property. • This is not a variance request, but a standard permit application. • The railroad tie will be removed. The new retaining wall will go in the same location and constructed at the same height. • The backfill will meet the lakeshore requirements. • There is more than 12 inches of the retaining wall exposed on the lakeward side of the wall. Therefore, they have to put riprap complying with the regulations on the waterside of the wall. A condition was added to see that it meets that standard. • It will be constructed of natural stone and chipped rock. Recommendation: Staff is recommending approval of WLV22-W27 with the 20 conditions listed in the report. Members discussed the application with Dave, clarifying the following items: • Retaining walls are permitted in the LPZ. The material was grandfathered in. Otherwise, railroad tie would not be allowed. • The boat house is non-conforming. • Existing lawns can be maintained as long as fertilizers are not used. Adam Osborne with Yukon Construction Group was in attendance to represent the application and noted: • It will be constructed of dry interlocking stacked rock. There will be no concrete added. Just natural stone set as deep as possible to get a strong wall without disturbing any of the silt. • This is required to be done at low water. • There is lawn up to the retaining wall. The owners would be open to ideas of adding native vegetation to naturalize the shoreline a little. The Whitefish Lake Institute can provide information on this. ACTION: Donna Emerson made a motion to approve WLV 22-W27. Nancy Schuber seconded the motion. All were in favor and the motion passed unanimously. Page 4 of 5 Lakeshore Protection Committee July 13, 2022 8. STAFF COMMENTS / GOOD AND WELFARE Summary: The Planning Department has a new staff member, Nelson Loring. Nelson will be handling Lakeshore application and meetings with Dave’s help until he is fully trained. 9. COMMITTEE COMMENTS Summary: Toby will not be available is the Committee is has to meet on the regular scheduled date in August. Roger reminded the Committee that the public previously requested boat mooring be addressed in the regulations. Dave noted this will be difficult for the City to address as is under the jurisdiction of the DNRC. Also, the City would need to have a process in place for enforcing the regulations. Whitefish Lakeshore regulations allow 1 personal buoy per property within 100 feet of the lakeshore. Beyond that, permits must be acquired through the State of Montana. During the high water this year, Whitefish Lake Institute received a significant number of calls regarding erosion and wake on the lake. At the end of this month, people will see 7-8 buoys that will go out on the lake saying “Love the Lake, Stop the Wake”. Whitefish Lake Institute is trying to address some of the erosion issues. Members recognized there is still an open position on the Committee. It would be nice to have someone from the Whitefish Lake Institute on the Committee. Anyone interested in applying would need to write a letter to the City Clerk. The City is also looking at formulating a Best Practices Manual. It would be great to coordinate with the Whitefish Lake Institute on this. 10. ADJOURNMENT ACTION: The meeting is adjourned at 7:25 pm. Page 5 of 5