• Citizens form ‘Protect Cannon Beach’ group PAGE 2 • Classifieds PAGE 4 • Obituary PAGE 6
VOL. 46, ISSUE 2 FREE
CANNONBEACHGAZETTE.COM
January 21, 2022
County Clerk served summons to appear in contested election case C
Staff
latsop County Clerk Tracie Krevanko was served a summons to appear last week (Mon. Jan. 10) in Clatsop County Circuit Court to answer a complaint filed on Dec. 15 contesting the Cannon Beach prepared food tax election. Krevanko has 30 days to appear from the date served to defend the action(s) mentioned in the complaint. The tax passed narrowly by a 380-374 vote in the November 2 election. As of press time, Ashley Driscoll, the City Attorney for Cannon Beach, asked to be on the agenda Wednesday Jan. 19, during a special meeting to discuss the city’s willingness for her to intervene if the case is not dismissed for lack of jurisdiction. On Dec. 30, the court sent a notice to all parties if its intent to dismiss the case if the plaintiffs did not take further action. Megan Miller and Josh Tuckman filed the complaint contending the
election results are invalid. The plaintiffs are asking the court to order a new election. As previously reported by the Gazette, the plaintiffs are contesting the results as it will hurt a certain business sector in Cannon Beach. “The biggest thing is we are filing on behalf of the restauranteurs and business owners affected by the prepared food tax, Miller said. “A lot of it is in part due to the hardships and financial insecurities that we’ve already endured and are continuing to endure due to COVID.” “So one of the biggest points,” she said, “is the integrity of the election process. We are disappointed by the results but that’s not our main concern in the filing. There were too many issues basically with how this election was handled, including the collection of ballots and the opening of the ballot box in Cannon Beach, for us to not pursue legal action.” Miller and co-plaintiff, Josh Tuckman, own Castaways Restaurant in Cannon Beach.
Tracie Krevanko Tom Perrick, government affairs manager for the Oregon Restaurant & Lodging Association, said additional plaintiffs may join because “there’s a lot of interest” by the restaurant community in this issue in Cannon Beach. “Restaurants right now are struggling with staffing issues,” Perrick said.
The revenues from the 5 percent tax on prepared food are to be divided by the city and the Cannon Beach Rural Fire Protection district, according to the ballot. The named defendant in the matter is “Tracie Krevanko, in her official capacity as county clerk for Clatsop County and the Clatsop County Elections Division,” as stated in the complaint. The plaintiffs allege the election is invalid, as stated in the complaint, for the following reasons: “(1) deliberate and material violations of election law in connection with the approval of Measure 4-210; (2) mistake or fraud in the canvass of votes; (3) fraud in the count of votes,” As stated in the complaint: “The following are presently known concerns relating to the election results of Measure 4-210: (1) not all votes were properly counted, including as many as twenty-five (25) uncounted votes; (2) ballots from a ballot box in Seaside were improperly rejected; (3) a ballot box was improperly and prematurely opened; and (4) and in other ways to be revealed.”
Citizens say they don’t want the city to ‘Fast Track’ decision on square footage cap on new construction Kathleen Stinson
S
For The Gazette
everal members of the community said they did not want the proposed square footage cap for single-family home construction to be fast-tracked through council and the council slowed down the process. The residents submitted opinion letters for consideration at the January 11 work session. After public comment at the meeting, Councilor Brandon Ogilvie said he didn’t “feel comfortable moving forward” on the square footage zoning proposal at that time. He wanted the issue to be worked out in the more lengthy code audit process. The council continued the discussion to a joint meeting between the city planning commission and the council tentatively scheduled for late February or early March. “My name is Mike Thayer and my wife and I have owned a home in Cannon Beach for 24 years,” as stated in a letter to the council. “The home we purchased is 2900 square feet on a five thousand square foot lot. Approximately 14 years ago the City of Cannon Beach changed the existing square foot rule that you could build a 3000 square foot home on a 5000 square foot lot. The City Council action reduced the home square footage size on a 5000 square foot lot to 2500 square feet, a 16% reduction. At that time we were against the change because we thought that would affect values and was a rule that reduced values of our personal property. The City Council assured everyone that this was a one time change that was necessary to make sure that the square footage size of a home was appropriate for the square footage lot size. That City Council made the decision to change the rules for people vested in homes in the city limits. We pushed to have the language included in the action to grandfather a clause that a home like ours, 2900 square foot, if destroyed by fire or natural disaster could be rebuilt at the original size. Done deal. “Fifteen years forward, the current City Council is back trying to fast tract a change to house square footage that a previous council decision has already done. The previous council decision was a taking from personal property values. Now this city council is considering that they should go further. The previous city council decision reduced home sizes on a 5000 square foot lot by 16%. Now the new council would like to reduce the home size permitted on a 5000 square foot lot from 2500 square feet to 2000 square feet, an
Rachel Armitage
Rachel Armitage appointed to Oregon Senate L
ast week the County Commissions of Clatsop, Columbia, Multnomah, Tillamook, Washington and Yamhill voted to appoint Rachel Armitage as the new Senator from District 16. Senator-designate Rachel Armitage will begin her service as state senator upon taking the oath of office. “I am incredibly grateful for the opportunity to represent the people of Senate District 16 and to the county commissioners for casting their votes in my favor,” said Senator-designate Rachel Armitage. “I look forward to bringing my perspective as a rural Oregonian to Salem. Our communities deserve action on the everyday issues that affect our way of life, such as access to rewarding jobs and stable, affordable housing.” Senator-designate Rachel Armitage lives in Warren, Oregon with her husband and stepdaughter. She served as a Legislative Assistant during the 2016 and 2017 Legislative Sessions, focusing on education and foster youth issues. She plans to bring her perspective from her past legislative work to the Oregon Senate, advocating for better economic opportunities for Oregon’s working families. As the appointee from Senate District 16,
n See SENATE, Page 3 In this Gazette file photo a painter with Coaster Construction paints the ceiling of a new home. additional 20% reduction. I ask the city council where does this end? If this new 2000 square foot home limit on a 5000 square foot lot is passed this would reduce a long time home owners ability to remodel or rebuild a home on their property by 33% regarding square footage. Is this reasonable?” Jeff and Jennifer Harrison of Cannon Beach said in a letter: “You simply cannot maintain a village character and follow our Comprehensive Plan while allowing large scale houses. Please abandon the problematic progressive tables and adopt a reduced linear approach with a reasonable cap between 2,500 and 2,750 sq ft (including garage). That is still a significantly sized house.” In a letter to the council, Gary Hayes stated: “I am writing to express my objection to the cap on square footage currently being proposed and I am vehemently opposed to the “fast-tracking” of this zoning change. My first thought was ‘what problem is this solving?’ since current zoning and setbacks already adequately address house size related to lot size.” “The worst part of this is that there are real zoning issues to deal with including encouraging multi-family housing and ADUs that could actually help with the issue of workforce housing. The proposed change to zoning would actually discourage them. There’s always talk that Cannon Beach needs to be more welcoming to families, but this change would also discour-
age homes appropriately sized for families.” Planning Commission member Lisa Kerr also submitted a letter. “The Planning Commission actually discussed that a 2,000 square foot cap was probably too small and would not be acceptable to the community and suggested that a larger number be used. I stated on the record several times that a 2,000 square foot cap was just a placeholder number and that the intent of the revisions was to stop huge homes from being built in our community,” Kerr stated in the letter. Cathy Filgas, Cannon Beach, stated the following in a letter: “Thank you for championing the essence of Cannon Beach in regard to size of structures. I totally agree with much of what you have thought about and implemented. However, on the issue of settling on the number for capping square footage, I think we are off on the wrong foot (excuse the pun). This is not a fast track issue. It is something that will affect Cannon Beach and all of her residents for years to come. And it deserves that kind of scrutiny, thoughtfulness and inclusivity in determining the best course of action. Many full time residents of Cannon Beach are not even aware this is being discussed, let alone decided. Yet they may be thinking of future expansion plans due to family size, work at home issues, or aging parent issues. They deserve to have input. One article in the Cannon Beach Gazette on the Council’s activities is not sufficient. This is a topic that
merits a strategic, cohesive plan that considers everyone’s concerns.” “I own a home at 132 South Laurel Street in Cannon Beach,” stated John Thayer of Cannon Beach. “I’m writing to express my concerns with regard to the Council and City’s most recent proposal to place absolute caps on Gross Square Footage and FAR. I’m even more concerned about the divisive nature of politics in Cannon Beach these past few years. Our elected officials should strive to represent all of the citizens of Cannon Beach rather than impose a narrow political agenda on the majority. This trend is all to present at the regional, state, and federal level. Good politics is where nobody gets exactly what they want, but through compromise and an understanding of the opposition’s needs and desires, everyone meets somewhere in the middle. This is democracy - representing all citizens - and seeking a compassionate understanding that we don’t all think the same. We all have different ideas, opinions, and needs, but that’s what makes up a vibrant healthy community where the over-riding goal is to compromise and to make things right for the good of the whole. A divided community is not a healthy community. We should all strive to do better.” The proposed zoning cap was 2,000-square feet at one point and the city planning commission suggested a cap of 3,500 square feet, according to the city. No decisions on the proposed change have been made to date.
City working with state to alleviate scarp severity Kathleen Stinson
T
For The Gazette
he city is working on getting a permit from the state who owns the property to lessen the scarp severity at the dead-end of 5th street where the pedestrian walking path goes out to the beach. Cannon Beach City Manager Bruce St. Denis said the beach does not belong to the city - it is owned by the state. We have received authorization to take the scarp down in the area where the fire department would access the beach.” City Public Works Director Karen La Bonte said the access the fire department uses is closer to Les Shirley Park. This is at dead-end of 5th street where the pedestrian walking path goes out to the beach. State Parks has given us the okay to submit a drive-on permit which will allow us to (take) our machinery down there and lesson the scarp severity. “We are working to schedule that as quickly as they approve the permit. We have closed that access and put-up cautionary signage indicating it is temporarily closed.”