Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Land Use Variances topic
No spam. Unsubscribe anytime.
St. Helens planning commission denies variances for McCarter lot partition
Summary
The planning commission voted to deny a remanded appeal seeking variances to allow a lot partition on Henke Road, finding the application failed to meet all five variance criteria.
The St. Helens Planning Commission on May 13 denied a request to remand and approve variances that would have allowed a lot partition on Henke Road for property owned by Kevin and Catherine McCarter.
The vote followed a quasi‑judicial public hearing on an appeal of the commission’s earlier denial. The commission’s recommendation reflects its determination that the application did not satisfy the five statutory variance standards identified in St. Helens Municipal Code 17.108.0501 and related code sections.
The variances sought would have allowed a parcel split that produced lots below the R‑7 minimum lot size, a reduced lot width, and a reduced side setback between two buildings that would leave less than the code’s standard separation. Staff and the commission examined site plans showing a roughly 100‑year‑old house and a newer 30x30 shop, and presented aerial photos and slope profiles to illustrate topography and distance to other zoning districts.
During deliberations, multiple commissioners said the evidence and findings did not demonstrate special circumstances or non‑self‑imposed hardship sufficient to justify the requested exceptions. One commissioner said the proximity of similarly sized lots across the street was immaterial to meeting the variance standards; another expressed concern that granting the variances would set an undesirable precedent. The record included arguments that the steep slope and existing driveway configuration weighed in favor of reduced lot impacts, but commissioners concluded those factors did not meet the legal test for all five criteria.
A motion to deny the variances carried; commissioners recorded aye votes during the roll call. The decision will be memorialized in a written order and may be appealed to the city council or to the Land Use Board of Appeals as permitted by law.
The hearing had no contested ex parte disclosures; staff recited required procedural statements and applicable criteria under St. Helens municipal code and ORS 197.7975 before taking testimony. The applicants spoke in support, and several members of the public offered both neutral and opposing comments during the hearing.
The commission’s action returns the McCarter file to the procedural posture of a denial; staff noted draft findings of denial were prepared at the council level during the prior appeal and that the council’s remand produced updated analysis.
