The daily Astorian. (Astoria, Or.) 1961-current, October 23, 2017, Image 7

Historic Oregon Newspapers

The daily Astorian., October 23, 2017, Page 7A, Image 7

Image provided by: University of Oregon Libraries; Eugene, OR

About The daily Astorian. (Astoria, Or.) 1961-current | View Entire Issue (Oct. 23, 2017)

Prev Page of 10 Next Prev Issue Next Text PDF JP2 (1.4 MB) Clip/Print Image

Return to Top

Prev Page of 10 Next Prev Issue Next

Newspaper Page Text7A THE DAILY ASTORIAN • MONDAY, OCTOBER 23, 2017 Pot retailers eye Cannon Beach New stores dealing with ownership, design challenges By BRENNA VISSER The Daily Astorian CANNON BEACH — As Five Zero Trees eyes a soft opening in a few weeks , two other marijuana retailers have also been working to establish a presence in the city . Oregrown Inc. co-founder Aviv Hadar said the Bend-based retailer still has intentions to open a store at the location of Purple Moon Boutique on Hemlock Street. He and the other founders of the company have “struck a deal” with build- ing owner Gene Cope to purchase the property . The team had its designs approved by the Design Review Board this summer and is in the process of obtaining a license from the Oregon Liquor Control Com- mission. The store opening will depend on when Abbas Atwi, the owner of Pur- ple Moon Boutique, is ready to go, Hadar said. “We’re going to let this play its natural course,” Hadar said. “When we do some- thing it’s very methodical. Every little tiny nook and cranny needs to be perfect and thought out. If it takes a year to get the place open, so be it.” Atwi declined to comment . Daryl Bell’s plans to open a marijuana store at 3115 S. Hemlock St. in Tolovana, however, are stalled. The Design Review Board rejected his application Thurs- day because it lacked detail and failed to address parking issues board members cited two months ago at his last hearing. The parking spaces are drawn onto the city’s right of way, City Planner Mark Barnes said, and would need to be rede- signed in order to be in compliance. “The parking situation at this loca- tion is something that would need to be addressed for anyone with commercial use,” Barnes said. Nancy Benson, operations manager of PPC Holdings, represents Bell and said that redesigning the parking layout was too costly to do in the time allotted. B ut they intend to re apply to the Design Review Board in the future. “We’re still hoping to open at that loca- tion,” Benson said. Joshua Bessex/The Daily Astorian A Portland hotelier plans to take over the Astoria River- walk Inn after prevailing in a lawsuit against the Port of Astoria, which owns the hotel. Marijuana: ‘We’re people who care’ Hotelier: Sonpatki Continued from Page 1A the community’s desire to keep marijuana out of residential areas. The building meets the city code for a marijuana store because the residents have since moved out and the build- ing is no longer mixed-use. Despite this, the Ecola Square Homeowners Associ- ation, spearheaded by David Frei, is still urging the city to deny a business license to Five Zero Trees, citing concerns about the application process and inconsistencies with the comprehensive plan. “By not informing the p lan- ning d irector of the apartments in the building, they led the p lanning d irector into saying that the property in question was in fact compatible with the city code and zoning when in reality it was not,” Frei said in an email. After hearing Frei’s con- cerns, city councilors decided at an October work session they wanted to take another look at the comprehensive plan and put the marijuana ordinance back on the agenda. Interim City Manager Jason Schermerhorn said if any changes are made out of these discussions about the ordinance it would not affect Five Zero Trees. “I’d like to hear some kind of response to the claims that this is a violation of the compre- hensive plan,” City Councilor Mike Beneﬁ eld said. “I’d like to have a discussion to know what our options are.” Procedure City Planner Mark Barnes said he was not aware the prop- erty at 140 S. Hemlock St. was mixed-use when property own- ers Bruce and Max Ritchie Colin Murphey/The Daily Astorian Work continues at the Five Zero Trees marijuana store in Cannon Beach. ‘We want to work with the community and prove we won’t be a negative infl uence on Cannon Beach.’ Case Van Dorne co-owner of Five Zero Trees, who hopes to alleviate the concerns residents have about his business applied for a land use compat- ibility statement last year. The city does not have a reg- istry of mixed-use buildings or any formal way of keeping track of them, Barnes said. The property is listed under com- mercial zoning, where retail is allowed. In Cannon Beach, there is no code provision that addresses how land use compatibility statements are evaluated, so it is not an inherent code violation if there is false information on the form. Because these forms are submitted so early on the pro- cess, the information serves as a general road map subject to changes, Barnes said. The accountability comes when retailers apply for a busi- ness license. At that point, the city will inspect the business to make sure it is in accordance with the city’s design standards, zoning, building and other regulations . “We still have an opportu- nity to enforce all provisions of the code when they come for a business license,” Barnes said. Comprehensive plan Frei argues approving Five Zero Trees at the Hem- lock location is a violation of aspects of the comprehensive plan, the city’s constitution for development . The comprehensive plan promotes “small-scale, fami- ly-owned” businesses, and Frei said the fact Five Zero Trees operates stores across Oregon means it doesn’t meet the deﬁ - nition. Introducing a marijuana store so close to a residential area would also be out of step with the plan’s goal to promote a “unique character of down- town,” he said. The last major inconsistency is the plan’s goal to “encour- age the provision of perma- nent housing in d owntown by providing zoning incentives for mixed-use structures which incorporate housing,” he said. “Because of code require- ments regarding mixed use, this business is taking away a mixed-use building (with three apartments) to make it into a commercial building, eliminat- ing the apartments in afford- able-housing-challenged Can- non Beach,” Frei said. City councilors tentatively are scheduled to review the comprehensive plan and ordi- nance in early December to take a deeper look at Frei’s arguments. “I question whether this vio- lates the comprehensive plan or not,” City Councilor Nancy McCarthy said. “I feel like we’ve been shutting (the Ecola Square Homeowners Associa- tion) down.” Case Van Dorne, the co-owner of Five Zero Trees, hopes to alleviate the concerns residents have about his busi- ness by the way he operates, he said. “We have families of our own. I’ve been visiting Cannon Beach for 42 years. We want to work with the community and prove we won’t be a negative inﬂ uence on Cannon Beach,” he said. Van Dorne has another Five Zero Trees in Astoria, where he said they are active in beach clean ups, food drives and other community service . He hopes to do the same in Cannon Beach. “We’re not a faceless busi- ness. W e’re people who care,” he said. offered a cashier’s check to satisfy Smithart’s debts Continued from Page 1A recently closed his other business, the Arc Arcade, and moved to New York. In the hearing Friday, McIntosh concurred with the jury that there was clear and convincing evidence of a contract breach. Knight had argued that terminating Smithart’s lease before the deal with Son- patki had closed was nec- essary because of the run- down state of the hotel, bad operations, Smithart’s growing debts and his pur- suit of other suitors behind Sonpatki’s back. Sonpatki testiﬁ ed about his efforts to close the deal, including his offering of a cashier’s check to satisfy Smithart’s debts. “I did not ﬁ nd the tes- timony of Mr. Knight to be particularly credible,” McIntosh said Friday. “I did ﬁ nd the testimony of the plaintiff to be credible.” One of the most telling points, she said, was how Knight had led Sonpatki to believe the Port would ﬁ x some incorrect documents related to the contract, while also communicat- ing with Chester Trabucco, a local developer compet- ing for the hotel’s lease, and directing the Port’s attor- neys to stop working on the documents. Trabucco even- tually partnered with Asto- ria native William Orr, a brother-in-law of then-Port Commissioner Stephen Ful- ton, to form Hospitality Ventures. After terminating Smi- thart’s lease, the Port kept him in place as a short-term operator and opened the hotel to other suitors. The Port Commission eventu- ally awarded Hospitality Ventures a short-term lease in September 2015 over several competitors, includ- ing Param. Orr, Trabucco and Hos- pitality Ventures had orig- inally been included as co-defendants by Param for intentionally interfering with Sonpatki’s deal. They were later removed from the case after their lobbying of the Port Commission was found by Judge Philip Nel- son to be protected activity. In its opposition to the speciﬁ c performance claim, the Port had argued that Hospitality Ventures was an innocent bystander that would be harmed by giving Param the lease. McIntosh disagreed, saying Hospital- ity Ventures knew the risk. Param would also be tak- ing a risk by assuming its seven-year lease of the Riv- erwalk Inn and then having to negotiate with the Port for a longer extension, she said. CLASSIFIEDINDEX classifieds NOTICES MARINE Special Notices ............................. 104 Boats for Sale................................. 251 Public Notices ............................... 107 Boating Parts & Accessories ..... 254 Announcements .......................... 110 Boats Wanted ................................ 257 Boat Trailers ................................... 260 PERSONALS Marine Supplies & Equip. .......... 266 Lots & Found ................................. 181 Boat/RV Storage ........................... 269 Personals ........................................ 184 Fund-raisers ................................... 188 RVs & Trailers RVs & Travel Trailers ............ 301-307 AUTOMOTIVE Campers, Utility Trailers .... 310-313 Antiques/Classic Vehicles ......... 201 Automobiles .................................. 204 REAL ESTATE SUVs/Trucks .......................... 207-210 Open Houses ................................. 501 4WD .................................................. 213 For Sale ................................... 504-513 Vans .................................................. 216 Lots & Acreage .............................. 516 ATVs/Motorcycles ........................ 219 Income Property .......................... 519 Truck/Auto Parts .......................... 222 Manufactured Homes ................ 522 Detailing ......................................... 225 Commercial Property ................. 525 Tires & Wheels ............................... 228 Real Estate Wanted ..................... 531 110 Announcements 110 Announcements RENTALS Properties for Rent ............. 601-613 Rooms & Roommates................. 616 Commercial Rental ...................... 619 Vacation Rentals .......................... 622 Storage Space ............................... 628 Wanted to Rent ............................ 634 RV/Mobile Home Space ............ 637 PETS/LIVESTOCK Animal Boarding .......................... 701 Feed-Hay-Grain ............................ 704 Pets & Supplies ............................. 710 Horses & Tack ................................ 713 MISCELLANEOUS Fuel, Heating & Firewood ......... 807 Furniture & HH Goods ................ 810 BUSINESS OPPORTUNITIES TV & Electronics ........................... 811 Business Opportunities ............. 643 Antiques & Collectibles ............. 813 Business for Sale .......................... 644 Jewelry ............................................ 814 Arts & Crafts ................................... 816 HELP WANTED Help Wanted .................................. 651 APPLIANCES & EQUIP. Work Wanted ................................. 652 Tools & Heavy Equipment ........ 851 Lawn & Garden Equipment ...... 854 SERVICES Appliances ..................................... 860 Childcare/Adult Care .................. 661 Medical Equip. & Supply ........... 866 Services ........................................... 664 Farm Equipment .......................... 923 110 Announcements Kids Halloween Drawing Contest Show us spooky! Show us silly! Show us your drawing of Halloween! Age groups: 3-4 5-6 7-8 9-10 Please include Name, age and phone number. Bring your art into The Daily Astorian office Submission deadline is October 27th at 5pm We will announce the 1st and 2nd place winners October 31st and debut your piece of art for all to see! WE GETRESULTS DANIELLE CALL TODAY TO PLACE YOUR AD 503-325-3211 or 800-781-3211 x231 Email: classifieds@dailyastorian.com Web: www.dailyastorian.com THE DEADLINE FOR CLASSIFIED ADS is 1 p.m. the day before your ad is scheduled to run All classifieds require pre-payment SUDOKU