A2
THE ASTORIAN • TUESDAY, NOVEMBER 16, 2021
IN BRIEF
Two virus deaths reported for county
The Oregon Health Authority has reported two Clat-
sop County virus deaths from the summer.
A 79-year-old woman died on Aug. 29 at Providence
St. Vincent Medical Center in Portland. She had tested
positive for COVID-19 on Aug. 22.
A 38-year-old woman died on Sept. 2 at St. Charles
Medical Center in Bend. She had tested positive on May 7.
No other information on the deaths was available.
The deaths were part of a surge of virus cases, hos-
pitalizations and deaths in the county over the summer.
Since the pandemic began, the state has recorded 32
virus deaths for the county, although the county has said
that one of those deaths did not involve a resident.
The health authority is in the process of documenting
several hundred virus deaths statewide that were not ini-
tially reported because of a computer error.
Virus case identifi ed
at wrong Jewell school
A coronavirus case of a student at Jewell School was
incorrectly reported by the Oregon Health Authority last
week.
The virus case was supposed to be listed at R.E. Jew-
ell Elementary School in Bend, according to Jewell
Superintendent Steve Phillips, who spoke with Clatsop
County health offi cials.
The school district has only had two virus cases so
far this school year, both of which were staff members,
Phillips said.
— The Astorian
Wyden pushes for scenic rivers
BEND — U.S. Sen. Ron Wyden said a plan to protect
thousands of miles of rivers and streams in Oregon from
development could become law next year.
The Oregon Democrat, meeting in Shevlin Park last
week with students who urged the senator to get the leg-
islation passed, said the River Democracy Act could be
approved in 2022 after the dust settles from President
Joe Biden’s Build Back Better push.
If passed, the act would add nearly 4,700 miles of rivers
and streams in Oregon to the Wild and Scenic Rivers System.
— The Bulletin
MEMORIAL
Saturday, Nov. 20
Memorial
EATON, Roberta McCallister — Service at 1 p.m.,
Beautiful Savior Lutheran Church, 12513 S.E. Mill
Plain Blvd. in Vancouver, Washington.
ON THE RECORD
Assault
Gnat Creek Fish Hatch-
On
• Gary the
Gobin, Record
41, of ery off U.S. Highway 30
Seaside, was sentenced
on Monday to fi ve years
and 10 months in prison
for assault in the second
degree, along with 37
months for burglary in the
fi rst degree. The sentences
will run concurrently, and
Gobin will receive credit
for time served.
The crimes, which
involved a machete used
on a victim’s face and
body, occurred at a Sea-
side apartment in October
2020.
DUII
• Richard Earl Cook,
59, of Kalama, Washing-
ton, was arrested on Sun-
day on Marine Drive
in Astoria for driving
under the infl uence of
intoxicants.
• Justin James Swear-
ingen, 31, of Astoria, was
arrested on Saturday at
for DUII, reckless driving
and four counts of reckless
endangering of a person.
• Angel Ramirez-Gon-
zalez, 40, of Astoria, was
arrested on Friday at Ala-
meda Avenue and Agate
Street in Astoria for DUII
and reckless driving. His
vehicle collided with a
power pole.
Theft
• Stephanie Patricia
Conner, 36, of Portland
was arrested on Sunday at
Walmart in Warrenton for
theft in the second degree,
criminal mischief in the
third degree and criminal
trespass in the fi rst degree.
• Eric Nicholas Fergu-
son, 41, of Astoria, was
arrested on Sunday at Nat-
ural Grocers in Warren-
ton for theft in the second
degree and criminal mis-
chief in the third degree.
PUBLIC MEETINGS
TUESDAY
Port of Astoria Commission, 4 p.m., workshop, (electronic
meeting).
Astoria Historic Landmarks Commission, 5:30 p.m., City
Hall, 1095 Duane St.
Seaside School District Board, 6 p.m., (electronic meeting).
WEDNESDAY
Astoria City Council, 1 p.m., work session, City Hall, 1095
Duane St.
Seaside Tourism Advisory Committee, 3 p.m., City Hall, 989
Broadway.
Seaside City Tree Board, 4 p.m., City Hall, 989 Broadway.
Knappa School District Board, 6:30 p.m., Knappa High
School Library, 41535 Old U.S. Highway 30.
THURSDAY
Cannon Beach Design Review Board, 6 p.m., (electronic
meeting).
Seaside Transportation Advisory Commission, 6 p.m., City
Hall, 989 Broadway.
PUBLIC MEETINGS
Established July 1, 1873
(USPS 035-000)
Published Tuesday, Thursday
and Saturday by EO Media Group,
949 Exchange St., PO Box 210, Astoria, OR
97103 Telephone 503-325-3211,
800-781-3211 or Fax 503-325-6573.
POSTMASTER: Send address changes to
The Astorian, PO Box 210, Astoria, OR
97103-0210
DailyAstorian.com
Circulation phone number:
800-781-3214
Periodicals postage paid at Astoria, OR
ADVERTISING OWNERSHIP
All advertising copy and illustrations
prepared by The Astorian become the
property of The Astorian and may not
be reproduced for any use without
explicit prior approval.
COPYRIGHT ©
Entire contents © Copyright,
2021 by The Astorian.
MEMBER OF THE ASSOCIATED PRESS
MEMBER CERTIFIED AUDIT OF
CIRCULATIONS, INC.
Printed on
recycled paper
Subscription rates
Eff ective January 12, 2021
MAIL
EZpay (per month) ...............................................................................................................$10.75
13 weeks in advance ...........................................................................................................$37.00
26 weeks in advance ...........................................................................................................$71.00
52 weeks in advance ........................................................................................................ $135.00
DIGITAL
EZpay (per month) .................................................................................................................$8.25
Ecola State Park to remain
closed after damage to road
By KATIE
FRANKOWICZ
The Astorian
CANNON
BEACH
— Ecola State Park could
remain closed for a while as
the state evaluates damage
to the entrance road follow-
ing days of heavy rain on the
North Coast.
Cracks appeared on one
repeatedly troublesome sec-
tion of Ecola Park Road
on Friday. Last year, an
active landslide wiped out
a trail below this section
and forced the park to close
temporarily.
Just down the road,
about two curves away, a
sinkhole has opened up,
raising questions about the
overall structural integ-
rity of the road section. In
a video park rangers shot to
illustrate the seriousness of
the damage, one ranger was
able to stick a shovel han-
dle almost all the way down
into the void.
Rangers closed the park
Friday afternoon.
The damage to the
entrance road is not surpris-
ing, said Ben Cox, the man-
ager of the Nehalem Bay
Management Unit, which
includes Ecola State Park.
Oregon Parks and Recreation Department
Park rangers look at a sinkhole that appeared in the entrance road into Ecola State Park on
Friday after days of heavy rain.
But, he added, “It’s a little
disappointing.”
Washouts and other
issues have become com-
mon at the popular park over
the years as winter storms
activate slide areas or aggra-
vate older problems. Ecola
Park Road, which provides
access to the Ecola Point
recreation area and Indian
Beach, is the only way for
the public to access the park
by vehicle.
People can still hike into
the park using the Tillamook
Head trail that begins in
Seaside.
Cox expects that repairs
to the road, especially at the
sinkhole, could require a lot
of excavation and crews will
need to work around utili-
ties in that spot. Contractors
have been especially busy
and diffi cult to schedule,
which could further delay
any repairs, Cox said.
He isn’t sure what to
expect when they take a
closer look at the road or
what the presence of the
sinkhole represents in terms
of movement or washout
below the asphalt. His big
concern, Cox said, is that the
only thing holding together
the road is the road surface
itself.
Clash: Arguments primarily come down to
how the city applied its ocean setback standard
Continued from Page A1
The undeveloped lots off
the Hemlock Street curves
are some of the few such
oceanfront parcels left near
the heart of the city. They
allow people a glimpse, a
sort of memory, of what the
area looked like before it
became so developed and a
hub for tourism.
Then there is the thorni-
est issue of all.
Oceanfront setback
The property is zoned res-
idential, so a beach house is
allowed. H owever, the loca-
tion puts it under an ocean-
front management overlay
with attendant limitations
on development. Here, the
Oswald West cabin, the only
nearby building, plays a key
role.
Last year, the Roberts
submitted a proposal to
build a 2,712-square-foot
beach house on the north-
eastern corner of the prop-
erty. City s taff approved the
request with several condi-
tions. The Roberts needed
to show the proposed house
complied with the city’s
oceanfront setback standard.
At fi rst, it seemed possi-
ble the project could meet the
city’s requirements, Plan-
ning Director Jeff Adams
later noted in a report.
But the Roberts chal-
lenged the conditions set
on them by city staff . Later,
they submitted informa-
tion that staff and offi -
cials say showed the house
they hoped to build did not
meet the oceanfront setback
standard.
Cannon Beach’s ocean-
front setback rule has been
in place since at least the
1990s, before the Roberts
bought the property. It dic-
tates that new development
must be set away from the
ocean shore and outlines
how to calculate that dis-
tance. Most local survey-
ors, engineers and architects
know about the rule and how
to work with it, Adams said.
“It’s pretty standard,”
he said. “I don’t think there
really had been a question
until now.”
P lanners calculate the
ocean setback for any given
property by taking the aver-
age of the setbacks for exist-
ing buildings nearby that
could be aff ected by a new
building. In the Roberts’
case, the only nearby build-
ing was the Oswald West
cabin. So the city determined
the setback for the Roberts’
property would be the same
as the cabin’s: 119 feet.
Lydia Ely/The Astorian
The Roberts’ property has a fantastic view.
The line planners drew
after applying the setback
standard ran right through
the middle of the Roberts’
proposed house and signifi -
cantly reduced the possible
footprint for any building on
the property.
The Roberts have gone
through several appeals
with the city over the set-
back standard. The matter
eventually went to the state
Land Use Board of Appeals,
where the state sided with
the city.
The
Roberts
were
not ready to give up and
appealed to the Court of
Appeals. The city expects
to hear a decision from the
state early next year.
The arguments primarily
come down to how the city
applied its ocean setback
standard and whether or not
certain words in the law are
clear. The Roberts believe
diff erent people could reach
diff erent conclusions about
how to apply the ocean set-
back standard.
They also argue that state
law prohibits Cannon Beach
from applying the standard.
To follow the city’s rule
reduces the size of the house
that can be built, going
against a state rule dealing
with housing density, the
Roberts argue.
The city contends that the
state law does not apply in
this case and that the Rob-
erts’ project was denied not
because of the size of the
house, but because the proj-
ect didn’t meet the city’s set-
back standard.
Statewide
concerns
Other infl uential groups
have joined the fi ght.
Signed on with the city
is Haystack Rock LLC,
which
represents
the
Oswald West cabin prop-
erty, and the nonprofi t Ore-
gon Coast Alliance. They
have been joined by the
League of Oregon Cities,
which submitted an amicus
brief to the appeals court
to show the organization’s
strong support for the city’s
arguments.
The court’s decision
will “signifi cantly aff ect
the ability of cities in Ore-
gon to plan for and guide
development of housing
within their jurisdictions,”
the League of Oregon Cit-
ies wrote.
The organization also
contends that the Roberts
are proposing interpreta-
tions of state rules about
housing density that “would
undermine the ability of cit-
ies to increase housing and
avoid other critical zoning
problems.”
Meanwhile, the Home
Builders Association of
Metropolitan Portland and
the Staff ord Land Co. , a
residential developer, have
submitted amicus briefs of
their own in support of the
Roberts, echoing the cou-
ple’s arguments.
Stanley Roberts said he
never expected so much
pushback.
Roberts, a retired Wash-
ington state actuary, bought
the property with his wife,
his brother and his sis-
ter-in-law in 2001. It had
been his brother’s dream to
build a house there. When
his brother died, Roberts
wasn’t sure what to do.
Eventually, he decided
to build the beach house —
in honor of his brother, he
said.
“It was very sentimen-
tal to me, to build where he
wanted to build,” Roberts
said.
Now he has spent thou-
sands of dollars trying to
realize that dream with no
guarantee that it will hap-
pen. He’s angry.
“Cannon Beach, I will
tell you, should be renamed
Cannot Beach,” he said.
Roberts doesn’t think
he will win at the appeals
court . Perhaps he’ll take
the matter to the Oregon
Supreme Court next. He
isn’t sure.
What he is sure about,
though, is a feeling that his
neighbors have more own-
ership and say over what
happens on his property
than he does.
Roberts is not inter-
ested in building a smaller
house to satisfy the city’s
requirements. There is a
good chance, he thinks,
that he’ll never be able to
build the house he envi-
sioned. If “no” is the fi nal
answer, he’ll put something
else on the property: some
kind of homeless shelter,
maybe, or, he said, “the
most obnoxious art.”
“I’ll be famous in Can-
non Beach,” he said. “Infa-
mous, probably.”
WANTED
Alder and Maple Saw Logs & Standing Timber
Northwest Hardwoods • Longview, WA
Contact: John Anderson • 360-269-2500