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Depoe Bay council resists vacating oceanfront green space in Gardner property dispute
Summary
Property owners asked the council to vacate or formalize an encroachment for a small strip of oceanfront lawn adjacent to their home; neighbors and several councilors opposed surrendering public oceanfront right‑of‑way, and the council asked staff to explore a limited right‑of‑encroachment or other narrow solutions and return with options.
Keith and Jill Gardner asked Depoe Bay councilors to consider vacating a narrow strip of public oceanfront lawn adjacent to their house or to grant a limited encroachment so the family could secure a small buffer and avoid repeated requests to the council.
Owners appeared remotely and described family ties to the property and concerns about safety and privacy. "We've maintained it all these years," one owner said, requesting a modest shift of the fence and an agreement that would provide stability while preserving the public green space.
Several neighbors and council members strongly opposed a vacation of public land. Speakers emphasized the public value of oceanfront green space and warned that vacating a right‑of‑way would set a precedent for giving away irreplaceable public access. Council members noted past efforts to inventory and preserve small right‑of‑way parcels and said the city should not lightly transfer oceanfront property.
Council discussed an alternative: a formal right‑of‑encroachment agreement that would permit limited use without transferring title. Under that approach the city retains ownership and may place conditions (insurance, limited width, revocability). Councilors asked staff to prepare options and legal language rather than initiating a formal vacation process.
Direction: staff were asked to return with options, including a limited right‑of‑encroachment document, specifics on how much width could be approved without full vacation, and any maintenance or liability terms. Council emphasized its intent to keep as much grassy public area in city ownership as possible.
