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By PAULENE POPARAD “Wow,” said Porter Town Councilman Micheal Genger, shaking his head. “Unbelieveable.” As a member of the Porter Beach Overlay Committee, he was being shown a map Wednesday detailing existing zoning violations and irregularities in that area, platted at the turn of the century on a precise grid despite its steep dunes and Lake Michigan coastline. Morgan Park it isn’t. Emerging as a potential way to protect public Porter Beach streets and alleys, many platted but unbuilt, is requiring a license to encroach in those rights-of-way with restrictions, conditions and obligations imposed on the petitioner as needed. Sheds, stairs, garages and even homes now encroach. A list of the locations is being developed. “Do we get to the point the town sends letters saying we’re claiming our property back?” asked Porter building commissioner Art Elwood. Town planner Jim Mandon suggested giving a time limit for the owners of existing encroaching structures to apply for a license legally to do so. If the structure, like stairs --- some at Porter Beach over 50 years old and more than 100 steps --- is not safe, it could be closed temporarily during license consideration. The license also could carry a fee and possible annual maintenance assessment to fund yearly inspections by town officials to ensure continuing safety. Mandon said to get a license, someone would have to show cause. “We don’t want one if it’s unnecessary.” Overlay Committee member Jamie Hogan said in some cases it’s better to have a safe, designated way to traverse a dune instead of damaging it. Genger asked town attorney Patrick Lyp whether the town would incur liability by issuing licenses to encroach and by doing inspections. Unless someone can show a town employee knew or should have known of a dangerous situation, most likely Porter’s not liable, said Lyp. While licensing can be done, he added, hold-harmless language isn’t always an iron-clad protection. Another new wrinkle for the Overlay Committee is a “high-water mark” identified on survey maps. Member Elka Nelson offered to ask coastal zone officials to what extent state/federal agencies have jurisdiction over or require a setback from the water line. Mandon said the town may have to give lots there an open space designation prohibiting acceptance or issuance of building permits. Mandon also offered to confer with the Porter County Health Department about the future usability and number of septic systems installed on vacant lots years ago at Porter Beach without a home ever having been built to ensure that some day one could. Hogan said she and Nelson will continue to assemble more beach information and refine the computer program being used to produce more-detailed maps. Among things yet to do are determine the number of tax-exempt properties, verify the number of contiguous conforming lots, develop a list of those that aren’t and project where growth legally might occur with protections for the landowners, neighbors and the environment in place. Hogan said the more they find out, especially regarding septic systems, the more they realize there is to know. “Everything we do raises another question.” Also Wednesday, new Overlay Committee member Councilman Todd Martin was welcomed replacing council member Dave Babcock, who resigned from the committee.
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