NORTH COAST
THE DAILY ASTORIAN • FRIDAY, APRIL 3, 2015
3A
LUBA sends barn appeal back to Gearhart Easter
By KATHERINE LACAZE
EO Media Group
GEARHART — The Land Use
Board of Appeals has ordered the city
of Gearhart to reconsider Shannon
Smith’s conditional use permit for
her historic livery and determine if
she’s completed substantial construc-
tion and, if not, whether she’s entitled
to another six-month extension.
Smith announced in the public
comment section of Gearhart City
Council’s meeting Wednesday that
she had received the Land Use Board
of Appeals’ decision, but it was not
further discussed at the meeting.
The three-member board heard
oral arguments for the appeal in Port-
land Feb. 26. Shelby Rihala, an associ-
ate with Jordan Ramis PC, represent-
ed the city; Smith was represented by
her attorney Dan Kearns, of Portland.
The written opinion provided by
the board summarizes that Smith was
appealing the city’s decision that her
conditional use permit was void and,
subsequently, denying her request for a
second extension of the permit.
For several years, Smith has
planned to use her Neacoxie Creek
Barn as an events center. She was is-
sued a conditional use permit to do so
in 2012, and it was subject to 13 condi-
tions for approval. She was granted a
six-month extension in October 2013.
Gearhart’s Zoning Ordinance says
authorization of a conditional use is
void after one year “unless substantial
construction pursuant thereto has tak-
en place” and the city may extend au-
thorization for an additional six months
upon request.
The city believed the permit expired
April 26 last year, but the board reject-
ed that contention.
On April 15, Smith submitted a let-
ter to the city in which she claimed sub-
stantial construction on the barn would
be done by April 26, but she also was
submitting a request for an extension
“in the event additional time was need-
ed to complete the construction,” the
board’s written opinion states.
If a permit application is incomplete,
Oregon law requires a city to notify the
applicant what information is missing
within 30 days of receiving the applica-
tion. The applicant must then submit the
missing information or notify the city no
more information will be submitted.
Less than two weeks after she sub-
mitted her letter, Gearhart City Admin-
istrator Chad Sweet determined she had
not completed substantial construction
and denied her application, saying the
city only could grant one six-month ex-
tension.
Smith appealed Sweet’s decision on
April 25, and he responded April 30, re-
stating that the city did not agree she had
substantially completed her project and
denied her appeal.
“If the city was waiting for ‘missing
information’ to be supplied it would not,
and could not, have made those deci-
sions because it did not have a complete
application,” the board opinion states,
adding the city also did not give Smith
“a clear signal that her application for an
extension” was incomplete.
Most importantly, the board opinion
states, in Smith’s appeal statement from
April 25, she said she did not plan to
submit additional documention except
for a bid estimate and “any denial is re-
quired to be provided to me in writing
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cally how the documentation submitted
fails to meet the criterion cited.”
That statement shows Smith be-
lieved her application complete, and
it was the city’s responsibility to tell
her what information was missing, the
board decided.
Ultimately, the Land Use Board
of Appeals sided with Smith that a re-
mand is necessary in order for the city
to issue a decision on her local appeal. If
substantial construction pursuant to her
2012 conditional use permit has taken
place, then no extension of the permit is
required, the board decided.
If the city determines, however, that
substantial construction has not taken
place, “the city will need to determine
whether to grant (Smith’s) request for an
extension” according the Zoning Ordi-
nance, the board’s opinion states.
The city is entitled to a judicial re-
view of the order, but Sweet does not
think it will be necessary. He plans to
speak with the city’s attorney to lay out
the next steps for Smith and the city.
Egg Hunt
Roundup
In other news the City Council:
• Approved in a 4-1 vote to in-
crease Sweet’s salary by 5 percent for
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kick in July 1. Sweet’s current salary
is $77,168 and will be $81,026 for
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Jesse cast the dissenting vote. While
Sweet’s review – which was conduct-
ed in executive session March 25 —
went well, Jesse said, he believes the
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with taxpayer money, and a 5 percent
increase is hard to justify to the com-
munity when employees in many oth-
er sectors aren’t experiencing similar
pay increases.
• Voted unanimously to hold the
Gearhart Earth Day Free Community
Cleanup event April 25. Recology will
deliver four 20-yard drop boxes for trash
and one 3-yard drop box for electronics
to City Hall. The boxes will be avail-
able in front of City Hall for residents
to dump trash from 8 to 11 a.m. at not
cost. The estimated cost to the city for
the dump day is $820 after Recology’s
donated discount of about 50 percent.
• On the suggestion of Council-
or Kerry Smith, the council agreed to
send a letter, as a body, to the Oregon
Department of Transportation advocat-
ing to dissolve the four-lane portion of
U.S. Highway 101 in the Gearhart and
instead add a left-turn lane to get to the
east side of the city. The four-lane sys-
tem has presented a safety issue, Smith
said.
ASTORIA
Annual Easter Egg Hunt
Noon Saturday, Tapiola Park, 900 W.
Marine Drive, 503-325-7027, www.
astoriaparks.com. Astoria Parks and
Recreation hosts the annual Easter Egg
Hunt, with face painting, games and
more. Hunters will be split into divisions
based on age groups. Free.
Saturday, April 4, Noon, Tapiola Park, Free
Nighttime Easter Egg Hunt
8:30 p.m. Saturday, Astoria Recreation
Center, 1555 W. Marine Drive, 503-325-
7027, www.astoriaparks.com. Come
and hunt eggs after dark at the Astoria
Recreation Center. The indoor egg hunt
features glow-in-the-dark eggs. Bring
your own flashlight or buy a glow stick at
the center. $4 for a glow stick or free if you
bring your own flashlight.
SEASIDE
Egg Hunt & Treasure Dive
10:30 a.m. Saturday, Broadway Field
and Broadway Park, next to Sunset Pool,
1140 Broadway, Seaside, 503-738-3311,
www.sunsetempire.com. Sunset Park &
Recreation District will host its annual egg
hunt in five age divisions. There will be
a special basket for each age group and
a hidden golden ticket in the hunt area.
There will be an Aquatic Treasure Dive at
Sunset Pool at 1 p.m. for kids 7 to 17. The
cost is $2.
CANNON BEACH
Help young children get ready for school
Many Clatsop County events
are planned this month that are
aimed at helping families prepare
children for kindergarten and be-
yond. Many are being organized
by Clatsop Kinder Ready,
Events this month include:
• By Tuesday, parents can
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of two Early Childhood Heath
and Education Clinics, April 14
at the Astoria Armory. The clinic
will help parents and caregivers
be aware of how their child is
developing compared to current
health and education standards
and connect them with available
resources that can help them en-
joy their child’s growth in prepa-
ration for kindergarten. It is for all
3-, 4- and 5-year-old children of
Clatsop County. Appointments
can be made by calling any local
elementary school, Head Start
center, NWRESD or NW Par-
enting.
• From 10 a.m. to 1 p.m. April
11, there will be a Preschool and
Early Childhood Resource Fair
at Warrenton Grade School.
More than 20 groups will be rep-
resented as parents of young chil-
dren look into how to help their
children develop and learn in fun,
age-appropriate ways.
• April 12 to 18 is the national
Week of the Young Child April
12 to 18. It will be celebrated with
art shows in Astoria and Seaside.
Student art work from local
Head Start centers and other ear-
ly childhood educators from the
Northwest Regional Education
Service District (NWRESD).
• By April 15, parents can
make appointments for the sec-
ond of two Early Childhood
Heath and Education Clinics,
April 22 at the Seaside Civic and
Convention Center.
• April 21 and 23, kindergar-
ten roundups (Registration for
the 2015-16 school year) are be-
ing held in all public elementary
school across Clatsop County.
These events connect children
and families with the elementa-
ry schools that will all provide
free full-day kindergarten next
fall. Roundups on April 21 start
at 3 p.m. at Seaside Heights El-
ementary School. On April 23,
they run during normal school
hours at Hilda Lahti Elementary
School and Jewell School. Gear-
hart Elementary School holds its
at 3pm April 23, and Astor Ele-
mentary will hold sessions at 4
and 6 p.m. April 23. Warrenton
Grade School holds its at 5:30
p.m. April 23.
These events are sponsored
and supported by a number
of groups that see the value in
helping children and their fam-
ilies learn to play and play to
learn. Some of groups involved
are Clatsop Kinder Ready; NW
f u n
f o r
a l l
a g e
s ! !
B ring your baskets and join us
for a fun filled egg hunt!
Sunday,
April 5 th
2-4 pm
Clatsop Kinder Ready focus-
es on forming community part-
nerships and helping all children,
from birth to age 8, have a strong
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by the end of third grade.
Kinder Ready has produced
March of 2 01 5
2
5
6
14
16
17
22
25
27
28
28
Ronald Lynn Sturgell . . . . . . . . . . . . . . . . 55
Ruth Phyllis Ingram . . . . . . . . . . . . . . . . . 85
Marilyn Louise Schlosser . . . . . . . . . . 76
Norman Joseph White . . . . . . . . . . . . . . 76
Phyllis Evonne Williams . . . . . . . . . . . . 74
Jacqueline Marie Ford . . . . . . . . . . . . . . 96
David Brian Hellberg . . . . . . . . . . . . . . . . 73
Marguerite Elsie Zorich . . . . . . . . . . . . 94
Laurette Adele ESilva . . . . . . . . . . . . . . . 80
Nancy Arlene Aiken . . . . . . . . . . . . . . . . 80
Donald Doyle Schlock . . . . . . . . . . . . . . 44
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Your choice in funeral homes matters as well.
Don’t settle for anything less
Caldwell’s Luce-Layton Mortuary
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Stop by or call and compare our prices.
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snacks!
prizes!
pictures
w ith the
Easter
Bunny
Adults are welcome at the
There w ill be tw o age groups:
Astoria Column gift shop
Ages 0-5 & 6-1 0
to pick an egg for a prize!
V A I L A B L E 2 4 H O U R S A
S T A F F A
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O U R O V E R 7 0 Y E A R S E X P E R I E N C E A Y ,
&
Like us on Facebook
Frien d s o f the A sto ria C o lu m n
503-325-2963
AST O R IAC O LU M N .O R G
Egg Hunt & Bonnet Contest
10:30 a.m. Saturday, Underhill Plaza,
corner of Division and Manzanita
streets, Manzanita. Rain or shine, kids
up to 12 years old are invited to the
annual Easter Egg Hunt and Easter
Bonnet/Hat Contest following at 11
a.m. Don’t be late!
Sugar
Sugar, honey colored
Tabby.
A vibrant tapestry of
colors and moods --
not only a masterpiece,
she’s a person!
Sponsored by
CLATSOP COUNTY ANIMAL SHELTER
1315 SE 19th St., Warrenton • 861- PETS
www.dogsncats.org
Noon to 4pm, Tues-Sat
O P E N 2 4 /
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7
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2%, 1% & Low-fat
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CALDWELL’S LUCE-LAYTON MORTUARY
& NORTH COAST CREMATORY
or
1165 Franklin Ave. • Astoria • 325-1811
Office hours: 9am-5pm Monday-Friday • Sat & Sun by appt.
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Notice is hereby given that the Astoria Community Development
Department has received the following request(s):
1. Wireless Communication Facility WCF15-04 by New Cingular
Wireless (At&T Mobility), c/o Velocitel, Inc. Oregon Landmark - One Limited
Partnership to upgrade an existing wireless communication facility with
three (3) new antennas and equipment at 342 - 14th Street (Map T8N-R9W
Section 8CA, Tax Lot(s) 6600; Lot(s) 4, 5, 6, Block 135, Shively) in the C-4,
Central Commercial, Zone. Development Code Standards 2.425-2.445,
Articles 6, 9, and 15 and Comprehensive Plan Sections CP.005-CP.025,
CP.050-CP.055, and CP.190-CP.210 are applicable to the request.
In accordance with Astoria Development Code Sections 3.095, 13.310,
and/or Articles 6, 9 & 12, a decision on the request(s) will be processed
administratively by the Community Development Department.
A copy of the application, all documents and evidence relied upon by the
applicant, and applicable criteria are available for inspection at no cost and
will be provided at reasonable cost. All such documents and information
are available at the office of the Community Development Director at 1095
Duane Street, Astoria. Contact the Planner at 503-338-5183 for additional
information.
All interested persons are invited to express their opinion for or against
the request(s) by letter addressed to the Community Development
Department, 1095 Duane St., Astoria OR 97103. Comments from
interested parties must be received by 5:00 pm on April 15, 2015.
The Community Development Department reserves the right to modify
the proposal. No further public notice will be provided.
Egg Hunt at the
Astoria Colum n!
About Kinder Ready
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schools, children and the com-
munity can do to prepare for
kindergarten. It offers “Kinder
Ready” workshops for parents
and prekindergartners, a prekin-
dergarten through third-grade
lending library and other re-
sources for parents, families and
professionals.
For information on future
events and resources, or to get in-
volved, visit Kinder Ready’s new
website at www.Clatsopkr.com,
or call 503-338-3363.
R e m e m b e r e d
e
f
i
L
A
CITY OF ASTORIA NOTICE OF REVIEW
1st Annual
Parenting; NWRESD and its
Early Learning Council; Astoria
Mom’s Club; Northwest Oregon
Head Start; Childcare Resource
and Referral; Astoria, Jewell,
Knappa, Seaside and Warren-
ton-Hammond school districts;
Columbia Memorial and Provi-
dence Seaside hospitals; Clatsop
Community College; Clatsop
County Health Department; Ca-
sey Eye Institute; and the Ore-
gon Lions Club.
Sea Ranch Egg Hunt
11 a.m. Saturday, Sea Ranch Resort, 415
Fir St., Cannon Beach, 503-436-2815,
www.searanchrv.com. Sea Ranch Resort
will host its annual Easter Bunny Egg
Hunt for ages 1 to 4, 5 to 7 and 8 to 10. An
adult must accompany all children. Bring
Easter baskets for a fun-filled event.
CALDWELL’S FUNERAL & CREMATION
ARRANGEMENT CENTER
113 N. Holladay • Seaside • (503) 738-9936
Office hours: 9am-5pm Monday-Friday • Sat & Sun by appt.
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