By Jerry Keene, Editor, The Oceansider
in our mostly retired Village have children in the Tillamook School District, but we do pay taxes to support it, and we do vote on its school board candidates. While it has not been highlighted in the media or the candidates’ generic public statements, issues-oriented activist groups have been engaged in an under-the-radar struggle to promote opposing slates of candidates. Each slate is assertedly supportive of these groups’ respective values based on public statements or candidate questionnaires. Much of the tension appears to stem from a book ban controversy that played out last fall and continues to be referenced in Facebook posts, electronic newsletters and candidates’ forums.From an opposing perspective, social media from groups like We the People Tillamook County have posted recommendations to vote for: Misty Burris or Kenny Lee Oleman (Position No. 1), Natalie Rieger (Position No. 2) and Ryan Lewis (Position No. 3). The results in these elections could be a sign of our times in Tillamook County.
In a special election, with traditionally low voter turnout and lesser-known candidates, every vote makes a difference. Be sure to update your voter registration and VOTE!
The Oceansider reported a month ago that the ONA Zoning and Plan Review Commitee (ZAPR) had discontinued work on its proposed construction limits and design standards for single-family homes and duplexes in the face of county legal advice that they would constitute unconstitutional “takings” of property without compensation. Community Development Director Sarah Absher indicated that the legal opinion also applies to the long-deferred building height measures (and possibly the exterior lighting rules) that the ONA membership adopted and submitted to the county for Planning Commission hearings in 2021. She said the legal opinion does not apply to the pending ZAPR proposals for larger, multi-family structures – which were deemed constitutional. (Notably, Absher did state law would disallow the proposed rule limiting the size of such larger structures to 5000 square feet.)Within a week, however, committee members learned that Manzanita’s Planning Commission is considering comparable single-family home restrictions suggested by its expert land use consultants. In addition, the attorney members on the ZAPR committee conducted their own research and concluded that the county’s legal position was subject to dispute.
Director Absher responded to these developments at the ZAPR workshop on April 18. She indicated the county would stand by its legal opinion. She agreed, however, that if the ZAPR proposals are ultimately approved at the ONA vote scheduled for May 18, she would present them along with the 2021 measures and the multi-family housing standards to the county Planning Commission accompanied by the county’s legal opinion regarding their constitutionality. (On a separate issue, Director Absher relayed that county counsel had also rejected the committee’s proposal to exempt existing homes from being deemed “nonconforming uses” solely because of the proposed development standards. For an excellent, plain-language discussion on “nonconforming uses” and Oregon land use law in general, see this State of Oregon Land Use Planning Guide.)
The Committee then proceeded to vote and pass nearly all of the pending proposals for inclusion in its eventual report to the ONA membership – leaving the legal issues for the Planning Commission and County Commissioners to address during their hearings. The ZAPR Committee will hold a workshop on May 13 to wrap up its work. On May 18, the committee will offer ONA members a set of recommendations to be adopted or rejected by a majority vote.
(Editor’s Note: It is exceedingly unlikely that the Planning Commission or County Commissioners would disregard advice from its own attorneys on a constitutional issue, regardless of whether the ONA membership votes to adopt the ZAPR recommendations on May 18. As a practical matter, this means Director Absher would present the proposals for consideration as a courtesy to the community. Except for the new multi-family home standards mandated by state law, however, there is little or no chance that the proposed single-family home/duplex standards will actually become law despite months and even years of volunteer work encouraged and participated in by the county.
May 5 Oceanside Community Club Monthly Potluck 6 p.m.
Guest Speaker: Megan Angier, Tillamook Chamber of Commerce
May 13 ONA Zoning/Planning Comm. Workshop – 6 p.m. – Zoom only
May 18 ONA Special Meeting and Membership Vote – 2 p.m.
Live at Oceanside Community Hall and by Zoom; Presentation of Report by ZAPR Committee
And that’s the view from Oceanside!
jerrykeene@oceansidernews.com