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About Seaside signal. (Seaside, Or.) 1905-current | View Entire Issue (Jan. 22, 2016)
6A January 22, 2016 Seaside Signal seasidesignal.com Neacoxie Barn owner, city sign temporary deal No parties this winter at Neacoxie Barn in Gearhart By R.J. Marx Seaside Signal There won’t be any wed- dings or special events at Neacoxie Barn in Gearhart, at least until March 1. Clatsop County Circuit Court Judge Cindee S. Matyas signed a temporary injunction Tuesday prohib- iting owner Shannon Smith from the use of the struc- ture for commercial events. The injunction provides an opportunity for a “cooling off period” after years of rancor and legal disputes. According to the agree- ment, Smith is subject to a temporary injunction pledging not to use the barn for future events with- out the necessary permits, Gearhart City Manager Sweet said. “We’re doing our best to help it out in any way, in terms of conversations,” Sweet said Tuesday. “There are still things she needs to do that we can’t bend on having to do with public safety,” The barn, at 774 Pacif- ic Way by the Neacoxie Creek, is used for wed- dings, family reunions and dinance spells out only seven permitted uses by a SURSHUW\ RZQHU EXW ¿QGV “no reference, permission, restriction nor regulation whatsoever for parties, wedding parties, large group gatherings, family reunions, class reunions and the like,” Orr said at the November hearing. Two $500 zone code citations were dismissed and pending citations were withdrawn by the city. But safety violations is- VXHG E\ %XLOGLQJ 2I¿FLDO Jim Brien under the city’s municipal and state build- ing codes of more than $30,000 remained, deliv- ered after six events held at Neacoxie Barn in 2015. In December, the City Council, acting as an ap- peals body, upheld the pen- alties citing Smith’s lack RI D FHUWL¿FDWH RI RFFX- pancy allowing her to hold events. Councilors then re- R.J. MARX PHOTO/SEASIDE SIGNAL GXFHG WKDW ¿QH E\ KDOI WR Neacoxie Barn prepares for an event in 2015. $15,000. An additional $5,000 other commercial events, up more than $30,000 in — for use of the barn in DFFRUGLQJ WR FLW\ RI¿FLDOV ¿QHVDQGPRUHDUHSHQGLQJ November — awaits City But without a conditional However, in November, Council review. use permit and a building Municipal Court Judge Along with local zone occupancy permit, the own- John Orr ruled Gearhart and municipal code ac- ers are putting the health zone code did not prohibit WLRQV *HDUKDUW RI¿FLDOV and safety of guests and the types of activities con- ¿OHG D PRWLRQ LQ &ODWVRS residents at risk. ducted at the barn. County Circuit Court to So far, Smith has racked Gearhart’s zoning or- close the barn from com- mercial use until health and occupancy and Smith’s re- safety violations were ad- quest to dismiss the injunc- GUHVVHGDQGDFHUWL¿FDWHRI tion hearing was denied. occupancy delivered. Smith and the city em- barked on negotiations late last month. In a late December let- ter, Smith’s lawyer Dan Neacoxie Barn owner Kearns requested a delay Shannon Smith is based on “hopefully fruit- ful settlement discussions.” subject to a temporary Kearns asked the Circuit injunction pledging not Court for a “60-day cooling to use the barn for future off period where the parties would meet and confer and events without the attempt to resolve this dis- necessary permits. pute.” Since that time, the city and Smith have been in dis- cussions for an agreement Citing Judge Orr’s Gear- to give Smith more time to hart ruling, Smith asked the present plans to bring the Circuit Court to drop Gear- barn up to code. hart’s request. That request “She’s buying some was denied. time for herself and we’re Despite the ruling, the allowing this pause to give barn or livery stable re- her that opportunity,” City TXLUHVDYDOLGFHUWL¿FDWHRI Manager Chad Sweet said. DINING on the NORTH COAST Great Restaurants in: Rental regulation on the menu in Gearhart Officials cite need for rules on short-term lodging rentals makes the need for regula- tion “quite apparent.” “We need to set the stan- dard, because this has been going on forever,” Planning By R.J. Marx Commissioner Richard Ow- Seaside Signal sley added. Septic woes garnered Gearhart city councilors much discussion in a city teamed with planning com- where most homes rely on missioners Wednesday at septic systems, but some still a work session to consider rely on cesspools for waste steps to regulate short-term processing. rental properties. “If you’re going to rent “They need regulations,” here, you have to know we Mayor Dianne Widdop said. have septic systems here,” “There are certain things that City Councilor Paulina need to be adhered to.” Cockrum said. “If you want 7KH ¿UVW VWHSV RI¿FLDOV to take three showers a day, said, will be to adopt state go to the Sunset Empire GH¿QLWLRQVDQGWREHJLQFRO- Recreation pool.” lecting lodging taxes on the “Letting 16 to 20 peo- books. ple stay in a home with a To do so, they must re- 1,000-gallon septic tank peal a city code exemption — it’s a disaster waiting to for rental of single-family happen,” Widdop said. “It homes from the necessity of could end with us needing a a business license. sewage treatment plant. It’s The city may also seek money out of our pocket.” to identify “low-hanging In addition to potential fruit” — health, safety and health hazards, Widdop and parking rules — and address others said they feared spec- those issues by the summer ulators who may purchase season. single-home properties with “This is a menu,” Chad the intention of turning them Sweet said. “You get to into short-term rentals. choose your appetizer, your “I have a great prob- entrées and your aperitifs.” lem with transient rentals, the rentals that are one or Septic problems, two nights,” Widdop said. speculators feared “There’s no continuity. 2I¿FLDOV XQDQLPRXV- Those kind of rentals be- ly supported regulation of long in a hotel in Seaside or short-term rental properties, somewhere else. It’s not part stressing homeowner ac- of the Gearhart thing. People countability and the need for are buying homes like crazy a balance “between commu- to make vacation homes be- cause it’s a money-making nity and privacy.” City Councilor Kerry thing. It’s like buying a chain Smith referenced the city’s of motels, and I’m totally comprehensive plan, which against it.” Feb rua ry 13 th 1 PM o r 6 PM CON CEAL CONCEAL CARRY CARRY PERM IT PERMIT CLASS CLASS Oregon – O rego n 34 - U States tah Utah - Valid Valid 35 States Best W estern : 5 5 5 Ha m b urg Ave, Asto ria O OR/Utah–valid R/U ta h— va lid in in WA W A $80 $80 or o r Oregon O reg o n only o n ly $4 5 $45 | Firea rm Tra in in gN W @ gm a il.com w w shauncurtain.com w .Firea rm Tra in in gN W .com ~ shauncurtain@gmail.com 36 0-921-2071 360-921-2071 powered by ‘I have a great problem with transient rentals, the rentals that are one or two nights.… Those kind of rentals belong in a hotel in Seaside or somewhere else. It’s not part of the Gearhart thing.’ GEARHART SEASIDE CANNON BEACH Mayor Dianne Widdop Emergency contact information sought Sweet presented options requiring a contact number for each short-term rental, a 24-hour owner represen- tative or someone available within 30 minutes to re- spond within an emergency. The city could also require homeowners to notify all neighbors of their intent to rent out their property, or to post contact information on the exterior of a building. “That would be very help- IXOIRUSROLFHRU¿UH´6ZHHW a Gearhart Fire Department volunteer, said. “Maybe the vacation home is not occu- pied. There’s a big leak or ¿UH 7KDW FRXOG JR D ORQJ way to address that.” 6ZHHW DVNHG RI¿FLDOV WR consider options for short- term rental regulations based on home size, num- ber of children and parking. Fee application pricing, a limit on homes allowing short-term rentals, and per- mit duration could also be regulated, he said. 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