November 13, 2015 • Seaside Signal • seasidesignal.com • 7A
Gearhart seeks more public input on short-term rentals
A boon for some, a
nuisance to others
By R.J. Marx
Seaside Signal
Do nothing. Require a
city business license. Reg-
istration. Building safety in-
spection. Not allow any rent-
als in Gearhart.
Those are some of the
proposed options from City
Manager Chad Sweet shared
at the Gearhart City Council
meeting last week.
City councilors reconsid-
ered the merits of a poll to de-
termine the city’s direction on
the regulation of short-term
rental properties in Gearhart
and eventually approved
one, but not before the public
sounded off on both sides of
the issue.
The discussion was in re-
sponse to a request from the
Planning Commission and
City Council to collect infor-
mation on short-term rentals
in Gearhart. A determination
by the council could begin
the process of formulating a
short-term rental policy.
Nine Gearhart property
owners cited what they said
were “inaccuracies, dou-
ble-counted data and specula-
tion” in the city’s data so far.
They said the numbers re-
ceived on the issue were not
included in the city’s count,
and asked the council to “pro-
vide all its data for our review.”
“Why were all letters
received since 2014 not in-
cluded in the materials dis-
tributed to the City Council
members?” the property
owners asked. “Unfortunate-
O\ ZH NHHS VHHLQJ D VLJQL¿-
cant amount of information
showing up that was not pro-
duced for the dates previously
requested. As a public body,
there is a level of accountabil-
ity to all your constituents,
and we in turn support your
efforts and time to serve our
community.”
“If you look at the homes
that are on the list, the major-
ity I have found have actually
been rented as rentals for de-
FDGHV LI QRW IRU DW OHDVW ¿YH
years or more,” Kathy Schro-
eder, among the signatories of
the letter, told the council.
In opposition to short-term
rental regulation, Schroeder
said this was not an “inun-
R.J. MARX/SEASIDE SIGNAL
City Councilors Kerry Smith, Sue Lorain and Paulina Cockrum
at the Gearhart City Council meeting Wednesday.
dation” of new homes that
Gearhart needed to “be afraid
of and get control of, like a
parent needs to get control of
their child.”
Jim Whittemore, who,
with his wife Laurie also
signed the letter, said there
was not yet enough informa-
tion for the council to form
an opinion or a consensus on
proposed regulation.
Whittemore asked the
council to “take a look at the
existing ordinances on the
books and seeing how you
can strengthen those, enact
those and enforce those.”
“I do agree the numbers are
not exact, but they give a pret-
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“There has been an increase
in homes, there has been an in-
crease in numbers,” he added,
estimating “very conservative-
ly” about 80 short-term rental
properties in Gearhart.
He said all data and sub-
missions were available for
public review.
Noise, congestion
and garbage
Property owner Terry
Graff said he sought city
regulation because of noise,
congestion and garbage from
nearby short-term rental
properties. “One day we had
four pickups, a boat, and a car
in our driveway because of a
short-term rental,” Graff said.
“And those were not people
ZKR ZHUH UHQWLQJ ¿YH \HDUV
ago. Those were people who
were renting last summer.”
Cottage Avenue resident
Wilson Mark said he was
against a poll, preferring to
rely on the city’s already-ex-
isting comprehensive plan.
“If we’re going to take a poll,
why do we have a comprehen-
sive plan?” Mark asked, refer-
ring to goals in the document
to “preserve the low density,
semi-rural character of Gear-
hart,” and “to ensure that de-
velopment occurs in a manner
that is in harmony with the
sensitive coastal environment
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“Let’s work with the plan
and get it going,” Mark said.
Cost of a poll is estimated
about $1,700, plus staff time
for mailing and result tally,
Sweet said.
Need for poll
questioned
A proposed short-term
rental survey would be sent
to homeowners either as an
insert in water bills, as a post-
card or online.
Councilor Sue Lorain,
who led the meeting in the ab-
sence of Mayor Dianne Wid-
dop, asked council members
to bypass the poll and work
with information delivered.
“We obviously need regula-
tion, so I think we should start
on a plan,” Lorain said. “I’m
not in favor of a poll. I think
it’s an exercise in futility.”
Other councilors preferred
further public input. “I feel
it’s necessary to get a feel-
ing what the people in Gear-
hart want,” Councilor Kerry
Smith said. “If they don’t
want regulation on short-term
rentals, then they’ll put it in
a poll. Then we won’t have
wasted all this time if we’d
started making regulations.
I’ve personally stated we
need short-term rental restric-
tions. But I’m willing to let
people put their money where
their mouth is and tell us what
they want. If we get a majori-
ty saying we don’t want regu-
lation, I will back down.”
Councilors Paulina Cock-
rum and Dan Jesse agreed the
poll would be the best step,
with poll content to be de-
veloped over the next several
weeks.
Gearhart drops some party barn charges after judge rules in favor of Smith
City struggles to fill code
gaps after barn ruling
language.
Wa t t s
said, ac-
cording to
Orr’s rul-
By R.J. Marx
ing earlier
Seaside Signal
this week,
Two days after Munic- WKH ]RQH
ipal Court Judge John Orr code did
Gearhart
found on behalf of Shan- not pro-
non Smith, the owner of hibit a pri- City Attorney
Peter Watts
Neacoxie Barn, the city is vate wed-
VFUDPEOLQJ WR ¿OO ]RQLQJ ding party
gaps that could permit a for compensation. “That can
have some ripple effects,” he
wide variety of uses.
Smith had been cited said.
for illegal use of her barn
to hold commercial enter- Uses not updated
prises, including weddings for three decades
hosting up to 99 people,
Watts said the last mod-
despite her lack of a condi- L¿FDWLRQV WR WKH FRGH ZHUH
written about 30 years ago,
tional use permit to do so.
“We’re going to dismiss and lists allowed, permitted
all those charges having to and prohibited uses in a res-
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“Judge Orr’s reading of
City Manager Chad Sweet
said at Wednesday’s City our code was in the absence
of that direct prohibition
Council meeting.
Judge Orr in his deci- on the activity, the activity
sion Monday, Nov. 2, said would be allowed,” Watts
the city’s code was inade- said. “Right now the rental
TXDWH DQG GLG QRW VSHFL¿- of a property for a wedding
cally prohibit the activities would be allowed under
Smith was being cited for. this interpretation in an R-1
The tickets came with $500 ]RQH´
He said other activi-
penalties, which were dis-
ties were not singled out
missed.
On Nov. 4, City Attorney for prohibition in an area
Peter Watts told members “consistent with residen-
of the council he planned tial neighborhoods, such as
to drop additional citations churches, schools and com-
against Smith, delivered af- munity centers,” as the resi-
ter similar functions were dential code describes.
Watts said in the past,
held at the barn later in the
summer. The citations also Smith had reached settle-
ment agreements with the
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“Given the judge’s rul- city after she had pleaded
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in agreement that it makes tions. This summer, how-
sense to dismiss those other ever, she pleaded not guilty.
At hearings, Smith’s at-
citations,” Watts said.
Watts urged the city to torney Dan Kearns argued
address gaps in the code’s the city’s code failed to
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45 Y ea rs o f E xp erien ce
TW O L OCATION S
S EAS IDE & HIL L S BORO
740 Ave H • S te 2 • S ea s id e
232 N E L in co ln • S te B • Hills b o ro
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out the barn for weddings.
“The city is bound to fairly
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code requires and prohibits,”
Kearns said during October
trial proceedings.
On Wednesday night,
Watts addressed the judge’s
ruling and recommended
adopting new language with-
in the code.
“Judge Orr, in his ruling,
which was pretty comprehen-
sive, made one possible sug-
gestion,” Watts said. “That
was, if the council didn’t want
a use to be allowed outright,
then there was a presumption
that it would require a condi-
tional use permit. That lan-
guage is not in the code pres-
ently because 30 years ago it
wasn’t put in the code.”
Spell out uses
Watts said new language
should spell prohibited uses
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HOHFWHG RI¿FLDOV FRXOG QRW
spell out every prohibited
use, he recommended new
wording to list every activ-
ity allowed and permitted,
with the additional provi-
VLRQWKDWLIQRWVSHFL¿FDOO\
allowed or prohibited, the
activity would be presumed
to need a conditional use
permit, or be prohibited.
Without such language,
Orr, other judges, or the
state’s Land Use Board of
Appeals could open the city
to “a panoply” of commercial
uses in the city’s residential
]RQH
Charges brought against
Smith under the city’s build-
ing code remain pending,
and will go before the City
Council later this month.
The two building violations
carry potential penalties of
$5,000 each.
Watts said Orr’s ruling
Dining
on
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“Of course all along the
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resolution to the ongoing
issues in order to resolve
this,” Watts said. “The city’s
always been interested in
further discussions. Regard-
less, she does not have an
occupancy permit and oth-
er permits and inspections
you’d expect from a com-
Injunction sought
mercial business.”
“It would be great if ev-
According to the city
manager, there are six sep- eryone came to a resolution
arate violation dates since so that there was a safe,
June. “What’s our next step? insured venue that people
The city’s heading for an in- could safely enjoy and the
junction that would prevent city did not have to worry
future events in the barn,” about the potential liability
Sweet said. “It’s going to be of an uninsured venue with-
up to a Circuit Court judge out permits,” Watts added.
“I would hope everyone
to grant a remedy.”
Sweet said an injunction would work toward that.
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in Clatsop County court, olution on this.”
The building violations
and Smith was served for
these building permit viola- are scheduled to go before
the City Council Nov. 16.
tions last week.
only dealt with the commer-
cial use of the barn for wed-
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“She did not indicate she
had an occupancy permit or
the other permits,” Watts
said.
Neither Smith nor her
attorney attended Wednes-
day’s council meeting.
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