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Hearings officer approves four‑lot subdivision appeal, allows 12‑foot access with turnouts

Clackamas County Hearings Officer · July 9, 2026
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Summary

A hearings officer for Clackamas County approved an appeal to revise a roadway condition for a four‑lot minor subdivision at 35577 Southeast Surface Road, accepting a design modification and a fire district letter to allow a 12‑foot driving surface with turnouts; the record was closed and the applicant waived a final brief.

Hearings Officer Joe Turner on July 9, 2026 approved an appeal to revise a road‑width condition for a four‑lot minor subdivision (Z0014‑26) at 35577 Southeast Surface Road, allowing a 12‑foot driving surface with turnouts under an approved design modification.

Turner said he would issue a written decision within about two weeks and that he would send the decision to the county to distribute to parties of record. The applicant, Matthew Seal, waived his right to file a final written argument and agreed to toll the county’s 150‑day review clock to Aug. 3, 2026.

Staff had recommended updating the decision’s findings after the applicant submitted a design modification and a letter from the Estacada Fire District showing support for a reduced roadway width. Planning staff told the hearings officer the change is addressed by an approved modification to the county roadway standard drawing 100, which permits a 12‑foot travel surface with turnouts and a hammerhead turnaround.

At the hearing Turner emphasized his role is to apply existing county laws and explained that environmental enforcement or alleged past violations are handled through separate code‑enforcement or fire‑department processes and not by the land‑use criteria he must apply to this subdivision decision. "Based on the revised findings from staff, this application does or will comply with the approval criteria," Turner said as he announced his approval.

The decision approves the revised condition requiring a 12‑foot driving surface with turnouts for Lots 3 and 4 as reflected by the approved roadway design modification; Turner closed the record and said the written findings and decision would be issued in approximately two weeks.