Friday, January 21, 2022 | Seaside Signal | SeasideSignal.com • A3
Appeals court sides with Cannon Beach in beach house dispute
By NICOLE BALES
The Astorian
The Oregon Court of
Appeals has upheld the
city’s decision to deny a
couple a building permit for
a beach house.
Stanley and Rebecca
Roberts
submitted
an
application to construct a
2,712-square-foot ocean-
front home on a steep hill-
side off of Hemlock Street.
The proposal, however, did
not advance because it did
not meet the city’s ocean-
front setback standard.
After several appeals
with the city, the Roberts
appealed to the state Land
Use Board of Appeals,
which sided with Cannon
Beach. Then the Roberts
sought judicial review from
the Court of Appeals which,
in December, upheld the
state’s and city’s decision.
The location of the Rob-
erts’
5,394-square-foot
property puts it under an
oceanfront
management
overlay, which requires the
application to comply with
the city’s oceanfront set-
back rule. The rule requires
that new development be
set away from the shore and
outlines how to calculate
that distance.
If the setback standard
was applied, it would sig-
nifi cantly reduce the possi-
ble footprint for any build-
ing on the property.
The couple argued that
there is ambiguity in the
city’s ordinance, which can
lead to diff erent interpreta-
tions. They also argued that
state law prohibits Cannon
Lydia Ely/The Astorian
A Cannon Beach couple is in a legal fi ght to build a beach house.
Beach from applying the
standard because it has the
eff ect of reducing the den-
sity of their proposed home
by reducing the fl oor area.
In the ruling, the appeals
court rejected the Roberts’
fi rst argument, concluding
Bell Buoy to off er wine, beer; Whet Spot adds spirits
Seaside Signal
Two Seaside busi-
nesses went before the
City Council last Monday
seeking to expand their
drink off erings.
Rick and Barbara
Berry purchased the Whet
Spot at 12 N. Holladay in
2020, off ering 20 rotating
draft selections of north-
west craft beer and ciders,
non-alcoholic beverages
and wine by the glass.
They plan to expand
the off erings at the tap
room and bottle shop to
a full on-premises sales
license, allowing them to
sell distilled spirits along
with malt beverages, wine
and cider. They added an
additional member to the
business, Matthew Ryan
Lang.
The Seaside Police
Department reviewed the
application,
Detective
Sgt. Josh Gregory said
in a report to city staff .
The Whet Spot remains
in good standing, with no
calls for police service at
the establishment.
Mayor Jay Barber and
the City Council unan-
imously approved the
license request.
Following
the
approval, Trent Hartill, of
Bell Buoy, a fresh smoked
fi sh market and fi sh and
chips restaurant at 1800
S. Roosevelt, also spoke
before the council.
“I’m interested in off er-
ing beer and wine at our
restaurant,” Hartill said.
The business will be
open to sell alcoholic bev-
erages from 11 a.m. to
5 p.m., seven days a week.
There are currently 14
seats available for indoor
consumption and 36 out-
door with the area being
roped or fenced off from
the general public.
There are no issues
with Hartill, the current
owner, who remains in
good standing, Gregory
said.
The only calls for ser-
vice to this establishment
of note have been a few
after-hour alarm calls,
and some transient activ-
ity around the premise
after-hours, which would
be considered outside the
control of the business
owner.
“So good for Seaside
that we have a fresh sea-
food market in our town,
and a place for fi sh-and-
chips,” Barber said.
The council approved
the Bell Buoy application.
DINING
on the
Bell Buoy received approval for beer and wine sales.
guardrail. The car was towed by
Hillsboro Towing.
Avenue: EMS call.
Tree blocking roadway
3:27 p.m., 800 block Beach
Drive: EMS call.
Jan. 10
12:00 p.m., 1600 block S. Edge-
wood: EMS call.
12:06 p.m., 1900 block Spruce
Drive: EMS call.
4:40 p.m., 1000 block N. Holla-
day: Structure fi re; fl ames and
black smoke reported.
Jan. 11
8:19 a.m., 12th and Necani-
cum: Chimney fi re.
3:08 p.m., Leech Lane: Water
rescue.
OREGON STATE
POLICE
PUBLIC SAFETY LOG
Two-car crash
Troopers responded Jan. 1 at
9:30 a.m. to a two-car crash
with injuries on U.S. Highway
26 near milepost 33. A Ford
truck heading westbound hit a
patch of ice, crossed the double
yellow line into the eastbound
lane, and collided with a GMC
Acadia. Four people in the
GMC were assessed on scene
by medics and transported to
Emanuel Hospital in Portland
for injuries. That vehicle was
towed by Anderson Towing.
The Ford was also towed from
the scene by Anderson Towing.
Patch of ice
No injuries were reported at
the scene of a crash Jan. 2 at
3:37 p.m. on U.S. Highway 26
near milepost 33. An east-
bound VW Rabbit left the
roadway due to poor visibility
and road conditions; they hit
a patch of ice and struck a
snowbank and the eastbound
A tree was reported blocking
the roadway Jan. 2 at 8:19 p.m.
on U.S. Highway 26 at milepost
7. A car drove into the downed
tree. Nobody was injured.
Blood on steering wheel
A Cottage Grove woman Jan.
7 who told troopers she was
involved in a crash the day
before, reported at 5:11 p.m.
she returned to the scene of
the crash to collect her Rav4
she left on U.S. Highway 26 at
the Sunset Rest Area to fi nd
her driver’s side window was
broken and the hood up. She
said there was blood on the
steering wheel but nothing was
taken. Police have no suspects.
Abandoned Audi
A trooper on patrol Jan. 8 at
9:54 p.m. near milepost 9.5 saw
a silver four-door Audi on the
westbound shoulder parked on
a curve with low visibility. The
driver was unable to be located
and the car appeared aban-
doned. Classic Towing moved
it and its owner, a 27-year-old
woman, was contacted.
Rear-end crash
A two-car crash was report-
ed Jan. 9 near milepost 3 at
2:47 p.m.. Police say a VW and
a Nissan were both traveling
east when one rear-ended
the other. No one was injured
and both cars were able to be
driven from the scene.
Lost control
A 26-year-old man lost control
of his BMW Jan. 11 at 1:42 p.m.
at the junction of U.S. Highway
101 and U.S. Highway 26 while
traveling westbound. Police say
he took a corner too fast and
his car slid off the road, damag-
ing two ODOT signs. No injuries
were reported.
A 26-year-old man was in-
volved in a single-car accident
Jan. 11 at 1:42 p.m. when he
tried to exit onto U.S. Highway
101 while traveling west on
U.S. Highway 26 and took the
corner too fast. He lost control
of the wheel, sliding off the
road and striking two ODOT
signs. He wasn’t injured. His
BMW was damaged but no tow
was required.
Speeding on Highway 26
A Vancouver, Washington, man
was given a citation Jan. 11 at
7:07 p.m. on U.S. Highway 26
at milepost 9.5. Troopers saw
a white Ram traveling west
on U.S. Highway 26 traveling
at a high rate of speed near
milepost 10. Emergency lights
were activated and the Ram
was pulled over. As the trooper
pulled in behind the pickup,
the pickup backed up into the
trooper’s vehicle. The brush
guard of the patrol vehicle was
damaged. The driver got out
and was detained to see if any-
thing criminal had happened.
He was released and given a
citation for speeding and care-
less driving.
Left roadway
An Astoria man in a silver
Toyota Jan. 12 at 7:57 p.m., was
traveling east on U.S. Highway
26 near milepost 4 when he
left the roadway heading to
the eastbound shoulder where
he struck a guardrail and then
spun into the westbound lane.
A trooper and the Hamlet fi re
department arrived on scene.
The driver said his steering
wheel stopped responding. His
car was removed by Gary’s Tow.
GEARHART
FIRE DEPT.
FIRE LOG
5:09 p.m., emergency medical
service, Dellmoor, Warrenton.
NORTH COAST
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Dec. 17
6:33 p.m., motor vehicle acci-
dent with injuries, U.S. Highway
101.
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Mah, Elsie.
Dec. 19
6:44 a.m., emergency medical
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Warrenton.
2:07 p.m., emergency medical
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RIL Y’
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3:10 p.m. Forest Drive: EMS
call.
Sabel Wilder, a com-
pany representative, said
in an appeal that the viola-
tions were the actions of a
subcontractor.
“The reason I did not
participate in an opening
or closing conference was
because I told the inspec-
tor that I believed he had the
wrong company,” he said.
“I asked for any evidence
that put our employees at
the scene of the alleged vio-
lation, he said he could not
produce any evidence, and
was told someone said it
was our company.
“Yes, we were the gen-
eral contractor for this proj-
ect, the project was subcon-
tracted to another licensed
company. If there were any
violations, my advice for
the inspector was to pro-
duce pictures or something
that could substantiate his
claims. He could not. For
this reason I want a hearing.”
Synergy Construction
Group, a contractor based
in Seaside, was fi ned more
than $15,000 by the state
for job safety violations on
a residential roofi ng project
last year.
The Oregon Occupa-
tional Health and Safety
Administration said an
inspection
found
two
employees working on a
roof with no protection
against potential falls. The
inspection was conducted
after a complaint about the
lack of fall protection.
According to Aaron
Corwin, an Oregon OSHA
spokesman, this is the fourth
time Synergy Construc-
tion Group has violated the
fall standard since February
2020, each of which resulted
in fi nes.
Continued from Page A2
Jan. 8
Seaside contractor fi ned for
violating job safety standards
By R.J. MARX
Seaside Signal
PUBLIC SAFETY LOG
11:01 a.m., 1900 block Spruce
Drive: EMS call.
aff ect the ability of cities in
Oregon to plan for and guide
development of housing
within their jurisdictions.”
Meanwhile, the Home
Builders Association of
Metropolitan Portland and
the Staff ord Land Co., a res-
idential developer, submit-
ted amicus briefs in support
of the Roberts, echoing the
couple’s arguments.
The Roberts plan to
appeal to the Oregon
Supreme Court.
Meanwhile, the cou-
ple has applied for a sec-
ond building permit for a
smaller house that meets the
oceanfront setback standard.
The City Council plans to
hold a public hearing for a
driveway access easement
agreement — a requirement
before the building permit is
considered — in March.
that they “rely on potential
ambiguity in various terms
when they are considered
without reference to their
context and the purpose of
the ordinance.”
As far as the state rule
dealing with housing den-
sity, the appeals court main-
tained that it was not the
Legislature’s intention to
preempt the ability of local
governments to apply stan-
dards like setbacks that have
a purpose other than reduc-
ing density.
Haystack Rock LLC,
the nonprofi t Oregon Coast
Alliance and the League of
Oregon Cities supported the
city in the challenge.
The League of Oregon
Cities submitted an amicus
brief to the appeals court,
writing that the court’s deci-
sion would “signifi cantly
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3:57 p.m., motor vehicle
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Highlands Lane.
10:18 p.m., cover assignment
standby, moveup, Lincoln,
Seaside.
Dec. 22
1:20 p.m., public service, Silver-
spot, Surf Pines.
11:48 p.m., emergency medi-
cal service, U.S. Highway 101.
Dec. 24
6:53 p.m., motor vehicle acci-
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Dec. 11
3:39 p.m., emergency medical
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Dec. 12
10:51 a.m., cover assignment,
standby, moveup, South Lin-
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1:52 p.m., motor vehicle acci-
dent with injuries, U.S. Highway
101, Hamlet.
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