Depoe Bay commission continues contested deck-expansion hearing after applicant dispute

The Depoe Bay Planning Commission on Dec. 11 continued a contentious hearing on an application by homeowner Alan Fleming to expand a deck that currently encroaches into a 10-foot setback.

Staff described the situation as an expansion of an existing nonconforming deck and said staff had earlier advised the applicant to withdraw and revise the plans to avoid a denial. The applicant, Alan Fleming, said he did not receive or return the requested withdrawal email and said local contractors had told him no permit was needed. "I feel so frustrated," Fleming said during his testimony.

Staff reiterated that reconstructing the existing deck 'like-for-like' would be allowed, but expanding a nonconformity generally requires a variance — a process staff described as having a high bar with five criteria, including that the hardship not be self-imposed. Staff suggested alternative paths short of approving a west-side expansion: (1) revise plans to expand only on the north side, (2) withdraw and resubmit with proper notice, or (3) pursue a variance that demonstrates legal hardship. Commissioners explored the potential for code changes or a targeted overlay in the longer term to address recurring legacy nonconformities in the older portions of town.

Given the disagreement and the applicant’s request for time to revise, the commission moved to table the hearing to the next regular meeting (Jan. 8, 2025) so the applicant and staff can work on revised plans or other options. The motion to continue was seconded and carried.