CLATSOP COUNTY COMMISSIONERS GRANT APPEAL TO HOMEOWNER

Suppose you bought a single wide home in a rural area, lived in it for a couple of years, then decided to sell.  A month after listing, you’re informed the County made an error in a land-use determination for your property, and what you thought was a build-able lot, now isn’t.   That might put a damper on your sales effort.

That happened to John Newton of Clatsop County.  He then appealed the decision, but a Clatsop County Hearings Officer denied the appeal, so Newton took his case to the Board of Commissioners.

At Wednesday night’s Clatsop Commissioners meeting, Senior Planner Jennifer Bunch explained that while county staff must strictly adhere to the land use determination, the board of commissioners can exercise some discretion:

 “I think we can all agree that its a very regrettable error, but understanding that the board has discretion in this matter, you could certainly make findings to the effect that the 2009 lot-of-record determination has been in place for almost four years with no complaints.  There were no appeals filed, and no one has ever questioned that decision.  There’s evidence in the record that indicates the property owner Mr. Newton may have relied on that lot-of-record in purchasing the property.  I believe it was in August of 2010, that he relied on that record to purchase that property.  And perhaps restoring the November 2009 lot-of-record determination could create a hardship for him.  So the board certainly has discretion in instructing staff to prepare such findings, if you choose to do so.”

Commissioner Dirk Rohne concurred the board should use its discretionary latitude to cure the error caused by county staff.

“I would say Jennifer Bunch is absolutely right.  I think she’s gotten stuck with trying to fix up a mess, and to the degree that we can use discretion to rectify the situation would be what I would advocate for.” 

The board unanimously voted to make a preliminary determination that John Newton’s  property is a lot-of-record and is considered build-able. The board had previously voted to waive a $2,536 appeal fee charged to Newton.