ITD: Dive's balcony must be removed

SANDPOINT — The balcony at a downtown establishment must be removed because it violates a state right of way law, according to the Idaho Transportation Department.

The deck at The Dive, a recently-opened restaurant and entertainment venue on First Avenue, encroaches upon the state highway and must be taken down, Barbara Babic, spokesperson for the Idaho Transportation Department, said.

Owners of The Dive received a permit from the city, but failed to follow protocol by getting permission from the transportation department before building the deck, Babic said.

“They don’t have a permit,” she said. “As far as we are concerned, that comes down.”

According to the state, the city was notified in April that the addition of a deck at the restaurant would not be permitted.

The state approved altering the premises of Pastime Bar and Grill, Inc., which owns the building, to allow alcohol sales.

The approval, however, did not include the balcony portion of the proposed floor plan.

The city issued an encroachment permit for the work April 29, in an effort to allow construction to be completed by May 14 for the Lost in the ’50s weekend.

The city was assured by the business owners that a permit filed with the state would be granted, according to correspondence between the city and ITD.

“The only reason we acted without actually having the physical permit was a matter of timing,” Mayor Gretchen Hellar wrote to ITD. “Our requirements state that the City Council action is required prior to issuing a city permit. Unfortunately, the timing of our meetings would mean that the Council could not act until the middle of June.”

The only outcome, according to the state, is the removal of the balcony, but Junior Solis, who operates The Dive, does not plan to take the balcony down.

He contends the balcony, formerly an awning, has been there for decades. His business merely reinforced it.

In addition, he said, the city granted a permit for the balcony.

“I don’t see us taking it down,” Solis said.

Other downtown businesses have awnings in the right of way, he said.

“I don’t understand why it is an issue now,” he said.