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Planning commission approves change of use to add second‑story apartment above retail at 10 S. Highland
Summary
The commission approved converting a vacant second story above a retail building (Only in Oregon) to a one‑bedroom apartment, subject to parking, signage and building‑permit conditions; staff noted a municipal‑code codification error affecting parking standards.
Depoe Bay — The Depoe Bay Planning Commission on April 23 approved a change of use to convert the second story of a two‑story building at 10 South Highland (existing retail on the first floor) into a one‑bedroom apartment, subject to conditions that require 11 off‑street parking spaces, a designated parking stall on a nearby city‑owned lot, sign permits and required building permits.
Staff told the commission the property is in the C‑1 retail commercial zone; the second story is currently vacant and the proposed change entails interior alterations but no change to footprint or height. The code requires two spaces for a residential unit and one space per 200 square feet for retail uses under the municipal standards applied in this case; staff identified 10 on‑site spaces and an additional off‑site space the applicant owns and will sign for exclusive use to meet the 11‑space requirement.
A staff presentation explained that the applicant owns nearby parcels that provide surplus parking and that the city engineer has reviewed and approved the parking plan. The staff report also flags a codification error in the municipal code: during a past codification effort a provision that had not been adopted was incorporated into the municipal code text, affecting some off‑street parking standards. "They wanted to charge us significantly to correct an error," a staff member said about the codification vendor. Staff used the applicable parking standard consistent with prior practice for this decision.
Jed Clark, the project architect, spoke for the applicant and noted the stairway in the existing building will be removed and interior space reconfigured to create a one‑bedroom unit. An owner participating by teleconference said the owners "plan on having it as a long term residential, you know, rental." That owner requested the unit be used primarily as long‑term housing, not short‑term tourist accommodation.
The commission approved the change of use with conditions that: (1) require submittal and approval of building permits, (2) note that no change to building footprint or height is authorized by this approval, (3) require 11 off‑street parking spaces with one designated space at 4 North Highway 101 to be signed for exclusive use by the property, and (4) require that signage comply with city sign‑permit and fire‑permit processes.
Commissioners discussed the downtown parking supply and the practical effect of designating an off‑site space in the applicant’s nearby lot. Staff said signage for the off‑site space must be visible from East Palm Street and located adjacent to the parking lot’s primary public entrance. The city engineer confirmed the parking improvements and layout consistent with slope constraints and required an ADA space relocation shown in the plans.
A motion to approve the change of use with the staff‑recommended conditions passed on roll call.
