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Clatsop County schedules de novo hearing on oceanfront setback variance appeal
Summary
A de novo hearing is set for June 24 after the hearings officer denied a request for a 3-foot oceanfront setback variance; county staff told commissioners new materials may be submitted at the hearing and stressed rules around ex parte contacts and site visits.
Jason Paul, a county planner, told the Clatsop County Board of Commissioners the board will hold a de novo hearing on June 24 for an appeal of a denied variance to the oceanfront setback. "The variance request was denied, by the Clatsop County hearings officer on April 22, and a decision was issued by our office on the 23rd," Paul said, adding that the board’s hearing will consider the earlier record plus any new materials submitted at the appeal.
The matter concerns a property that staff described as a lot in "Orange Cape" and a request for a 3-foot encroachment into the oceanfront setback. Paul said the appeal will be handled as a de novo hearing—"it's like a hearing has never have been held"—meaning the board will review the record anew while accepting additional documentation the appellant submits.
Commissioners discussed how to handle ex parte contacts and site visits in a quasi-judicial proceeding. One commissioner urged disclosure of any site visit so all members have access to the same information and recommended that county counsel field requests for one-on-one contact from constituents. "I'd rather you just came and told all of us," a commissioner said when asked about constituent requests for private property meetings, stressing fairness and transparency.
County staff clarified that ordinary staff communications and requests for clarification are permissible but that commissioners must disclose written contacts or any outside observations related to the matter. Commissioners were reminded that if an individual visits a site and then participates in a quasi-judicial decision they must disclose the contact and detail what they observed so fellow board members have the same evidentiary base.
Next steps: the board will hear the appeal at the scheduled June 24 de novo hearing; staff said written materials for the appeal are being prepared for the board package and that new information may be offered at the hearing. The board then moved into an executive session at the end of the work session.
