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
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“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withdrawn by the city.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
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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.”
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‘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.”
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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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