10A
THE DAILY ASTORIAN • FRIDAY, APRIL 15, 2016
Gearhart: A continuation of the hearing will be on May 12
Continued from Page 1A
commission to compromise.
“We don’t want to become the
U.S. Congress,” Nichols said.
Penny Sabol said the
Gearhart comprehensive plan
is a legally enforceable doc-
ument. The document, dating
to 1994, includes language
stating “the city of Gearhart
will preserve and maintain
its predominantly residen-
tial character through appro-
priate zoning and land use
regulations.”
Rick Sabol asked the
commission to “do your
jobs and interpret the plan
correctly.”
Gearhart Golf Course
Manager Matt Brown said
short-term rentals depleted
the availability of long-term
rental homes, making it dif-
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employees.
Many employees must
drive 45 miles away, he said,
because of the lack of long-
term rentals.
Others spoke of the noise
and nuisance posed by short-
term rentals and guests, and
the risks to Gearhart’s resi-
dential character.
Jeanne Mark warned of
the city “morphing into an
all-out tourist destination.”
Wilson Mark added that
the actions of 87 short-term
rental owners — the number
counted by the city in their
inventory — “will likely kill
the vibe and feeling Gearhart
has. It will make Gearhart
Photos by Jeff Ter Har/For The Daily Astorian
Planning commissioners and members of the audience.
Members of the Gearhart Planning Commission listen to speakers at the public hearing
on short-term rentals.
not a gem that it is, but some-
thing more generic.”
Bill Berg, author of the
book “Gearhart Remem-
bered: An Informal His-
tory,” and former mayor Kent
Smith both spoke in favor of
adopting short-term rental
regulations.
“I implore the Planning
Commission to chomp down
on regulations on this,” Smith
said. “I want to make sure we
enforce our zoning code.”
Carol Lucas, who lives
along the heavily trav-
eled Ridge Path, said short-
term renters often woke her
up or looked into her win-
dows. “We need to have res-
idential zones be residential
homeowners, warned of legal
action and asked the city to
“employ and enforce” existing
codes rather than enact new
ones. Others called it a “tak-
ing” — a government seizure
of their property. “I will pros-
ecute and defend my property
rights,” David Remer said to
applause.
Short-term rental property
owner Marcia McLeary said
she had “never had any prob-
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neighbors when hosting guests.
“I urge you not to make
Catherine
Rondthaler
fights back tears as she it tough on us who make an
tells commissioners she effort and do everything by the
fears the loss of her Gear- book,” McLeary said.
Others urged the commis-
hart home if short-term
rental regulations are put sion to consider evidence from
both sides.
in place.
Marshall Leathers and oth-
only,” she said, in advocating ers said the only way they
regulation.
could stay in Gearhart is to rent
their homes.
Rule changes go “far
License limit
Steve Weed, however, beyond” common sense mea-
objected to the 35-license limit. sures, he said.
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Catherine
Rondthaler
golden tickets,” he said. “I can’t fought back tears as she told
think of anything more ruinous the commissioners without the
to Gearhart than to do that.”
option of a short-term rental,
Property owners Bob and “We would have to sell the
Clare Carson also balked at house. To walk away from
license limits, calling the num- a beach house that’s been in
ber “arbitrary and capricious.” my family for 50 years would
“If you’re going to have reg- break my heart.”
ulations, they need to be equally
No action was taken at the
applied,” Bob Carson said.
meeting.
Those who are renting their
Planning commissioners
homes are losing a right with- agreed to keep the record open
out receiving fair compensa- and welcomed submissions
tion, Carson added.
prior to a continuation of the
Attorney Dean Alterman hearing, scheduled for May 12
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Smith:+HUPHQWDO¿WQHVVWRSURFHHGLVXOWLPDWHO\XSWR-XGJH0DW\DV
Continued from Page 1A
Judge Matyas previously
said in court that she has not
observed any unusual behavior
from Smith, but still appointed
psychologist Brooke How-
ard to do an independent
evaluation after consider-
ing a defense expert’s claims
that Smith has severe mood
changes, abstract thinking and
reasoning and untreated men-
tal health issues.
Howard determined Smith
suffers from post-traumatic
stress disorder, but could
not conclude whether she is
unable or unwilling to aid and
assist in her defense.
In her report, How-
ard recommended Smith be
sent to the state hospital for
observation.
Both the prosecution and
defense have also requested
Smith be transferred to the
state hospital, but under dif-
ferent terms. Clatsop County
District Attorney Josh Mar-
quis
requested
Howard
re-evaluate Smith at the state
hospital. Defense Lawyers
David Falls and Lynne Mor-
gan asked the court to send
Smith for treatment, which
would take much longer than
an evaluation.
Marquis warned in court
that if Smith is sent for an
indefinite stay for treat-
ment, the clock starts tick-
ing, and after three years the
defense can move to dismiss
the case.
6PLWK¶V PHQWDO ¿WQHVV WR
proceed is ultimately up to
Judge Matyas.
The judge will use the
UHSRUW IURP D FHUWL¿HG HYDO-
uator at the state hospital to
help determine Smith’s men-
tal state.
The report is expected to
uncover whether Smith suf-
fers from a mental disease
or defect, and if she is able
to understand the nature of
the court proceedings. If she
LVIRXQGWRODFNWKH¿WQHVVWR
proceed, the report will offer
a recommendation for treat-
ment and services to restore
her capacity.
If the state hospital exam-
ination cannot be conducted
due to Smith’s unwilling-
ness, Matyas ordered, the
report should offer an opin-
ion as to whether the unwill-
ingness was a result of a men-
tal disease.
Matyas further ordered
that the report should not
PDNH¿QGLQJVRUFRQFOXVLRQV
regarding Smith’s mental state
during the alleged crimes.
Smith, 42, of Vancouver,
Washington, is accused of mur-
dering her toddler and attempt-
ing to kill her teenager at a Can-
non Beach resort in 2014.
The trial is scheduled for
June 2017.
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