Curry County planning commissioners deny standing in appeal of Wedderburn Loop RV park; hearing closed

Curry County planning commissioners voted to deny standing to an appellant seeking to appeal an administrative permit for an RV park proposed on Wedderburn Loop, and closed the hearing after determining the appellant had not met the county zoning code's requirements for participation.

County planner Zach Moody told the commission the matter was an appeal of administrative permit AD 2431 and that staff had mailed a notice of appeal on June 25, 2025. Moody said staff and the applicant's attorney had reviewed the public-record comments and determined the appellant had not submitted written comment during the public comment period required by the Curry County Zoning Ordinance. "The issue of standing needs to be resolved by the commissioners before the hearing continues," Moody said.

Moody pointed commissioners to the Curry County Zoning Ordinance (CCZO), saying in part that section 2.0651 and the deadline rules in section 2.0635 require a person to have submitted written comment during the notice period to become a party to an appeal. "In this case, the appellant did not provide public comment during the notice period and such staff believes that the appellant does not have standing in the appeal," Moody said. He also stated the record shows the appellant, Diane Powell, received notice on Jan. 27 but did not submit written comment by the deadline.

County counsel Kent Fitzgerald advised the commission to follow the code. "My position is that county code should be followed," Fitzgerald said. Commissioners who spoke agreed the commission should adhere to the established process; one commissioner who said they were a neighbor recused from voting but continued to run the meeting.

Diane Powell, identified in the record as the appellant, told the commission she had consulted county staff before the process and said she believed a hearing should occur. "If we're following the zoning code and the ordinances in it, there are several reasons to have this hearing," Powell said, adding she would have appreciated different notice handling.

Commissioner Coker moved to deny standing; the motion was seconded by a fellow commissioner. The commission recorded the motion as passing with a 2-0 vote and noted one commissioner was recused. With standing denied, the administrative-appeal hearing was not opened and no further testimony or decision on the permit was taken.

Because the commission did not open the hearing, staff and the commission did not take additional evidence or vote on the underlying administrative permit. The transcript includes multiple written public comments filed before the meeting; however, staff's standing determination was based on whether the appellant had filed written comment during the specified public-comment period under the CCZO. The hearing was closed at the commission's direction.