Nehalem City Council continues review of daycare permit after dispute over proposed stair access

The Nehalem City Council on Oct. 14 reopened a de novo public hearing on a previously approved conditional-use permit for a daycare at 36280 7th Street, focusing on a condition that prohibits pedestrian stair access to 8th Street. City Attorney Carrie Richter told the council the city took the matter back after the applicant appealed the condition to the Land Use Board of Appeals and noted the hearing permits reconsideration of all evidence. Richter recommended the council consider continuing the hearing because the application lacks formal stair-design details and slope-stability analysis.

Attorney Mick Harris, representing the applicant Kate Romanov, argued the stair prohibition is “overly broad and potentially unconstitutional” and said Romanov seeks only removal of that condition so she may pursue appropriate permitting. Architect Jim Fanjoy urged councilors to separate land-use approval from subsequent encroachment and building-permit reviews, offering to provide preliminary stair designs and to work with staff on safety, materials and maintenance.

Romanov told the council the condition has blocked her ability to invest in design and permitting and that nearby B Street is unsafe for children because it lacks sidewalks. She said Fire Chief Frank Knight “did not have any issues with the stairs there from the Fire Department side.” Public commenters including David Browning and Kim Romanov supported restoring stair access to improve safety for children walking to school and pool.

Council members expressed support for the daycare while raising questions about Americans with Disabilities Act accessibility, emergency evacuation, slope stability and city right-of-way impacts. After discussion, Council President Hilary Howell moved and Councilor Dave Cram seconded a motion to continue the hearing to Nov. 12, 2025, to allow the applicant time to submit formal stair design and engineering information. The motion passed 4-0 (Yes: Howell, Cram, Larzelier, Quintana). The council will revisit the permit and any proposed modification to the existing condition at that meeting.

Land use process and next steps: The council framed this as a procedural step to obtain missing technical information rather than a final decision on stair access. The applicant may pursue a building permit and an encroachment permit as applicable once the council reaches a final land-use decision and appropriate design details are on file. The Land Use Board of Appeals was referenced by staff as part of the reason the city voluntarily reconsidered the prior decision.