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About The Southwest Portland Post. (Portland, Oregon) 2007-current | View Entire Issue (June 1, 2008)
June 2008 The Southwest Portland Post • 7 NEwS Bootleg stairway issue dominates Hillsdale neighborhood meeting By Mark Ellis The Southwest Portland Post Generally speaking, the Southwest Trails Group is seen as exerting a positive influence in the southwest area by acting as stewards and advocates for the vast system of trails which all agree are a part of the area’s livability quotient. But even head trail-maker Don Baack admits he erred when he and members of his group uprooted some venerable junipers and constructed an unapproved stairway on an embank- ment which leads to Sunset Blvd. via Seymour Drive and 25th Avenue. “In retrospect,” Baack told the May 7th meeting of the Hillsdale Neighbor- hood Association, “I should have di- vulged my intentions to the neighbor- hood before constructing the stairway.” At issue is the right of way down a 100-foot slope, which Seymour Drive neighbors claim began as a quick short- cut for immediate neighbors only and over time has morphed into a regular route for local walkers and hikers. People have been using an unim- proved step system which all agreed was on private property, until Baack and company carved out a slot on what all agree is adjacent public property and installed a creosote railroad-tie staircase. Neighborhood resident David Bar- beris and others, acting on behalf of ag- grieved nearby homeowners concerned about liability, foot traffic volume, and privacy issues, removed the staircase after receiving the following communi- qué from PDOT Development Services Division Manager Christine Leon: “(The stairs) were installed without PDOT’s knowledge, without permit, without abutting property owner consent, and with what appears to be creosote railroad ties, and improper material for this application, and to a steepness beyond what PDOT stair details indicate.” The loggerhead has generated bruised feelings on both sides. One el- ement contributing to the disagreement has to do with the real-time value of the shortcut. Those opposed to making the embankment a public route claim they have timed the difference between the shortcut and the conventional route- -proceeding down SW 19 th Ave. to Sunset--and determined that the time saved is less than a minute. In a follow-up email Barberis spelled out his neighborhood’s desire for a return to the preexisting situation: “a way for us and our neighbors to gain quick access to Sunset Blvd.” Voices in favor of the route’s viability claim that it is not just quicker, but also safer and more pleasant than the SW 19 th alternative. There were also com- plaints that the new junipers planted by nearby homeowners now impede foot traffic down the slope not just on private property, but on public as well. “This route was approved as a pedes- trian connection by the HNA several years ago,” said Baack in his follow- up email, “when we were asking for pedestrian markers along several pe- destrian connections in Hillsdale.” He insisted that the public is free to use this right of way anytime, and that it cannot be blocked by adjacent neighbors. But Seymour Drive residents and surrounding neighbors stressed con- cerns about property rights infringe- ment, and the possibility that they could be sued in the event of an injury on the slope. Citing City Code Chapter 17.42 Barberis affirmed that, “The fact that we, the abutting property owners, were liable for use of the hazardous stairs constructed by the Southwest Trails Group was confirmed to us by the City Attorney’s Office.” Barberis further explained that the juniper replanting was done to ad- dress erosion concerns on the suddenly barren embankment. He especially bemoaned what he sees as the waste of public monies which will likely be spent looking into the situation and implementing whatever plan is ulti- mately reached. “The $20,000 dollar estimated cost of a City Code staircase could provide 50 tons of food to the Oregon Food Bank,” he said. Affected neighbors also provided anecdotes which suggest that not only had the staircase been built illegally, but that the SWTG construction party treated them rudely on the day the stairs were installed. Baack could not recall any such rude treatment, but added that if there was any, that he considered it regrettable. “The next step will be will be up to the City of Portland,” concluded Baack, who noted that PDOT’s Mark Lear had attended the meeting and is planning a process to clarify the issues and decide under what conditions to move ahead. “I look forward to working with the city in getting this resolved.” But Barberis was last to weigh in with his charge that, “The liability that SWTG has exposed us to cannot be tolerated and must be exposed. Any property owner who has a SWTG trail abutting their property should check with the city regarding liability issues.” PoSt a to Z buSINESS CaRD DIRECtoRy 503-244-6933 PRECISION HOME REPAIR & DRYWALL JON A. 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