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About Cannon Beach gazette. (Cannon Beach, Or.) 1977-current | View Entire Issue (March 11, 2016)
6A • March 11, 2016 | Cannon Beach Gazette | cannonbeachgazette.com CB says OK to Laurel Street housing project ‘Smaller homes on smaller lots,’ Nicholson says Nicholson ready to start building in Cannon Beach By Lyra Fontaine EO MEDIA GROUP/FILE PHOTO Cannon Beach Gazette The Cannon Beach City Council tentatively gave ¿nal approval, with conditions, to a highly contested four-lot residential development plan Wednesday night, March 2. The council’s public hear- ing lasted more than three hours and had City Hall’s seats and doorways packed with the project’s opponents and supporters. It ended the third stage for approving the development proposed by Cannon Beach property owner and Portland resident Jeff Nicholson, who bought the property at 532 N. Laurel St. in 2014 for $900,000. Nicholson’s proposals have faced opposition from the Friends of Cannon Beach group, been denied twice by the Planning Commission, gone through a Land Use Board of Appeals decision and earned tentative approval last year from the City Coun- cil. “It will look like what we all know Cannon Beach to look like, having small- er homes on smaller lots,” Nicholson said. “I would prefer to have any future de- velopment to go along with the comprehensive plan and look like Cannon Beach has looked.” One in opposition The council voted 4-1, with City Councilor Mike Bene¿eld voting against the approval. “That ticking time bomb continues to tick, so I don’t think we have a choice but to address this in this hear- ing. But it should never have come here, it should have been denied,” Bene¿eld said. “We didn’t follow proce- dure. I don’t think we have a choice, and I don’t like not By Lyra Fontaine Property owner Jeff Nich- olson has said he plans to tear down this 99-year-old house at 532 N. Laurel St. and rebuild it using some of the original materials ac- cording to modern build- ing standards. LYRA FONTAINE PHOTO Fire department teams up to repair flagpole ten to your constituents, in- stead of merely listening to a lawyer. If you feel like you made a mistake in 2015, this is your chance, perhaps your last chance, to ¿x it.” Harrison counted 44 peo- ple in the room from Friends of Cannon Beach, with more than half the members full- time locals. About 22 oppo- nents publicly voiced their concerns. “The lack of binding com- mitment shows up again and again in Mr. Nicholson’s application,” said Cannon Beach property owner Jef- frey Gottfried. “None of us have seen a plan that indicates what this unit is going to look like,” said Planning Com- missioner Lisa Kerr, adding that planned developments should have a similar look and function. “We don’t know if they’re going to be cute little cottages.” Some conditions Before voting, the coun- cil discussed conditions for community concerns about square footage, trees, build- ing height, scheduling, slope density, pile driving and building design. ◊ After the Cannon Beach City Council’s decision to give conditional approval to a four-home development at 532 N. Laurel St., property owner Jeffrey Nicholson said he is ready to move forward and that he hopes to break ground in about a month. “It’s amazing the time and effort the city has put in to make this happen,” Nicholson said, adding that councilors continued to discuss the project well after the 11:30 p.m. end of last week’s public hearing. Before voting, the coun- cil discussed conditions for community concerns about square footage, trees, building height, scheduling, slope den- sity, pile driving and building design. “Everything the Plan- ning Commission wanted, the City Council upheld,” Nichol- son said. “I hope the commis- sioners are happy.” City Councilor George Vetter said there were “thoughtful and insightful information and concerns tonight,” but Nicholson has “expressed considerable de- sire to work with conditions” and the Planning Commis- sion is an advisory body to the council. A city staff report recom- mended the council approve the development. Portland lawyer Will Ras- mussen, representing Nichol- son, denied that pile driving would occur and said geo- technical engineering will be further examined. “From a legal and engi- neering standpoint, this is a relatively simple request for four homes on an over-half acre site,” he said, adding it has a planned development overlay applied to it and Nicholson will comply with any concerns the council has. “The law is straightfor- ward,” Nicholson’s attorney Steve Leighty said. “Only those criteria or elements that were not resolved in the ear- lier stages can be reviewed.” Rasmussen said they are not at the end of the develop- ment process yet. He agreed to put the protection of the property’s two spruce trees in writing, responding to a com- ment by Jan Siebert-Wahr- munn, representing Cannon Beach Friends of Trees, call- ing for stronger language on tree protection. Public comments support- ing the development included Ted Wood of Cannon Beach. Lawyer Will Rasmussen spoke on behalf of Nicholson. having a choice.” “This being the ¿rst time a planned development has been attempted in Cannon Beach, unfortunately we have found out that it (the code) was badly written. It was a failure,” Mayor Sam Steidel said. He said he anticipated a future rewording or elimi- nation of the code. “It has taught us that we will change this and whatever new that comes out will hopefully be better,” Steidel said. Jeff Harrison, who rep- resented the 70-member Friends of Cannon Beach, said the City Council should have followed the Planning Commission.“How can you consider approving the appli- cant for a highly contentious land use application when doing so would create a long list of signi¿cant dangerous precedents?” Harrison asked the mayor, staff and council. The city “rewarded” Nicholson for not following rules, he added. “You’re in a tough spot because you allowed the rules to be compromised last year,” Harrison said. “We ask you to vote with your heart and your conscience and lis- Cannon Beach Gazette A long road Nicholson purchased the .57-acre property in 2014 for $900,000. His proposals have faced opposition from the Friends of Cannon Beach group, been denied twice by the Planning Commission, gone through a Land Use Board of Appeals decision and earned tentative approval last year from the City Council. The decision to condi- tionally uphold the approval was issued by the council last week. About 14 proponents spoke. They echoed that Cannon Beach’s small cottages appealed to visitors and “McMansions” had no place in the coastal town. Opponents speak out Opponents commented that supporters of the plan were not Cannon Beach residents and were unfamiliar with the city. 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Post Commander Dan O’Reilly reports the Cannon Beach Fire Department report- 70-member Friends of Cannon Beach, said in a letter the tentative vote is “un- explainable, unless you be- Jeff lieve that the Nicholson council mere- ly caved in to the developer’s lawsuit threats.” “The courageous thing would have been for the mayor and the three councilors to ad- mit they made a mistake and to deny the admittedly faulty and wildly unpopular incomplete application,” Harrison wrote. “Slope density provisions were put in place for good rea- son and should not be circum- vented,” Harrison added, During public comment, 22 opponents spoke out against the project’s proposed wall, build- ing and landscaping plans, lack of a homeowner’s association, development schedule and the City Council’s approval in 2015 that followed a threatened lawsuit by Nicholson. Opponents also questioned whether Nicholson’s four pro- posed homes would be small- sized and affordable. The implication that “the only alternative to four houses is a 15,000-square-foot McMan- sion is a ridiculous scare tactic,” said Elizabeth Muller-Lorish, of Cannon Beach, at the hearing. “If you again choose to ignore the recommendations of the Planning Commission as well as many constituents. ... Please give us clear reasons. I think you owe that to us.” Robin Risley, who lives near the development, said a bond should be taken out for the city’s protection, along with an insurance policy to cover potential damage. 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