The Dive gets permit for balcony

SANDPOINT — Operators of The Dive have been granted an encroachment permit for its balcony by the Idaho Transportation Department.

The state called for the removal of the upstairs patio overlooking First Avenue because it lacked a permit allowing it to intrude on state highway right of way.

The city issued an encroachment permit for the balcony and was assured by the business owners that they would obtain a similar permit from the state.

“They finally submitted an application for an encroachment permit, which they up until this point had not done,” said ITD spokeswoman Barbara Babic.

Babic said the owners of The Dive, Pastime Bar & Grill Inc., submitted engineer-approved plans for the deck and ITD officials approved the permit.

The deck became a point of contention early in the summer, shortly after the building was renovated.

Civil counsel for The Dive argued the business was being unfairly singled out because there are other similar encroachments on First, which also serves as part of U.S. Highway 95. The balcony was originally an awning structure that had been there for decades.

“From a safety standpoint, at 25 miles an hour — which is the speed limit through there on First — the curb of the sidewalk acts as a sufficient barrier to pedestrians.

“There is no clear zone requirement at that speed,” Babic said.

The state has so far received no complaints from pedestrians or motorists about the deck, Babic said.