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Nehalem council tentatively approves daycare permit, limits use of 8th Street stair until right‑of‑way permission
Summary
The City of Nehalem tentatively approved a conditional use permit for Little Coasties School at 36280 7th Street, with a modified condition barring use of the existing staircase to 8th Street until the property owner secures permission to use city right‑of‑way and required permits; final findings will be adopted Dec. 9.
The Nehalem City Council on Nov. 12 tentatively approved a conditional use permit for an early childhood education center to operate at 36280 7th Street, but added a modified condition restricting pedestrian access to 8th Street until the property owner obtains permission to use the city right-of-way and the requisite building permits.
Attorney David Petersen, representing applicant Kate Romanov of Little Coasties School, told the council the Planning Commission found the project met the four conditional‑use approval criteria in city code and that the applicant was willing to accept most of the commission’s conditions. Petersen objected to a single condition the commission had imposed that prohibited access to 8th Street, saying the restriction would force children along longer, hillier routes that are less safe. He proposed revised language allowing access only after the city grants permission to use the right-of-way and required permits. “The daycare may not use the existing staircase connection to 8th Street. Pedestrian access for the daycare to 8th Street shall be permitted only upon issuance to the property owner of permission to use the city right of way, the requisite building permits, and any other applicable approvals,” Petersen read to the council.
Neighbors and the applicant urged the council to separate the land‑use decision from the right‑of‑way permitting process so the daycare could proceed without forcing the owner to invest in a staircase design while the permitting pathway remained unclear. Neighbor David Browning told the council that if the landowner chooses to replace the stairs, that later permitting process can be handled separately and should not hold up the daycare permit.
City Attorney Carrie Richter explained the legal basis for the access limitation: one approval criterion calls for a finding that site characteristics and improvements are suitable for the use. Richter said the existing staircase is not in a condition the city considers safe, which provides a nexus to limit current use. She cautioned against adopting the specific phrase “road approach permit” (taken from Tillamook County) because Nehalem does not have that administrative process defined; she preferred a more general reference to obtaining permission to use the right-of-way so the city can determine the proper permitting pathway later.
Council President Hilary Howell moved to tentatively approve the conditional use permit with the modified condition described above; Councilor Doug Larzelier seconded. The motion passed 4–0 (Howell, Cram, Larzelier, Quintana). Council members noted the decision is tentative and that the council will return Dec. 9 to adopt written findings memorializing the outcome.
What happens next: the property owner may pursue permits or design changes to bring any future staircase into compliance with city requirements; only after the city issues the necessary permission and building permits could pedestrian access to 8th Street be used by the daycare. The council’s action does not predetermine the outcome of any right‑of‑way application. The applicant said she prefers to avoid further appeals and litigation and hopes to proceed to opening once the findings are adopted.
