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Commission affirms planning commission, denies McKinney appeal over Hinton Homes subdivision access
Summary
Oregon City commissioners declined an appeal from Paul Schultz on behalf of the McKinneys, upholding the planning commission's approval of modifications to the Hinton Homes subdivision. Commissioners concluded alternative access options and existing rights provided adequate future access and denied the claim that the property was landlocked.
Oregon City commissioners on Monday upheld the planning commission's May decision and denied an appeal from property owners Paul and Mary McKinney arguing a new Hinton Homes subdivision would prevent future access to their rear tax lot.
The appeal, filed by attorney Paul Schultz, argued that notices were defective and that condition language in the planning commission's orders required the developer to provide direct access to the McKinney parcel. The city's planning staff and the applicant, represented by Stacy Fowler for Hinton Homes, said staff's recommendation and the approved plat already satisfied the applicable subsection of the Oregon City Municipal Code (OCMC 16.200.060) and that alternative access routes exist.
The commission heard competing presentations over roughly three hours. Schultz said his clients received confusing notice and had limited time to prepare; he asked the commission to continue the hearing so consultants and staff could further evaluate alternate access and wetlands questions. Fowler and other proponents said the McKinneys were present at prior hearings, the plat as approved does…
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