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Nehalem council denies appeal for proposed daycare; stairs in city right-of-way cited as reason
Summary
The City Council unanimously denied Katelyn Romanovs appeal of the Planning Commissions conditional-use approval for a daycare, citing the applicants use of stairs in city right-of-way without permit and liability and emergency-access concerns.
The Nehalem City Council on Aug. 11 denied an appeal by Katelyn (Kate) Romanov seeking removal of a condition that would prohibit use of existing back stairs to access 8th Street for a proposed daycare facility.
Romanov told the council the stairs provide a safer route to 8th Street and asked for the condition to be removed to allow her to present an ADA-compliant stair design; she also cited emergency-evacuation needs. City Planner John Morgan recommended the council amend the condition to require the applicant to meet with staff and return to the Planning Commission with agreed plans. City Manager Lori Longfellow and other staff repeatedly noted the stairs were placed in the citys right-of-way without permits, raising liability and maintenance concerns: Longfellow said the city "cannot give up its right-of-way" and that any unpermitted stairs in the right-of-way could require the city to assume maintenance and face complications if utilities or ownership change.
Supporters at the hearing, including Kimberly Romanov, said using the existing stairs would be safer for children. Council discussion emphasized safety and regulatory constraints; Councilor Dave Cram noted fire-department access and locking requirements could make access through a gate difficult. Mayor Phil Chick characterized the daycare as a "wonderful idea" but said he would uphold the Planning Commissions unanimous decision because of the right-of-way and unpermitted-stair issues. The council voted 4-0 to deny the appeal and uphold the Planning Commissions findings; Council President Hilary Howell moved and Councilor Doug Larzelier seconded the motion.
City Planner John Morgan clarified that the applicant could still meet with staff and apply for a new conditional-use permit that might allow stairs if the resulting plan satisfied code and safety concerns. Councilor Cram encouraged working with staff to find alternate solutions.
