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Planning commission approves variance for Zimmerman Street lot with conditions
Summary
The Depoe Bay Planning Commission approved a variance allowing limited roadway and utility work within the riparian corridor to provide access to a future single‑family home, subject to conditions including engineered permits, arborist oversight and a mitigation and revegetation plan.
The Depoe Bay Planning Commission voted to approve a variance allowing partial development of Southeast Zimmerman Street and associated utility connections that would encroach into the 50‑foot riparian corridor of North Depot Bay Creek to enable a future single‑family dwelling. The motion (as moved by a commissioner) amended staff’s conditions to remove a 2‑inch asphalt pavement requirement for the street improvement and passed unanimously by the members recorded on the roll call.
The staff report described the site as a legally platted residential R‑4 lot constrained by steep slopes on the north and riparian corridor on the south. Staff noted the applicant provided a wetland determination from the Oregon Division of State Lands and correspondence from the U.S. Army Corps of Engineers indicating no wetlands permitting was required for the project. Staff also summarized the applicant’s riparian mitigation and restoration plan that limits ground disturbance in the riparian area, restricts equipment to hand tools for invasive vegetation removal, requires revegetation with native species, and establishes a three‑year maintenance plan; a project arborist must approve the revegetation plan and pre‑/post‑construction protections.
Commissioners asked whether the applicant’s delineation of riparian boundaries by the applicant’s qualified professional was acceptable and whether the partial road improvement would preclude future full‑street improvements. Staff answered that the applicant’s credentials in the packet were adequate, the city engineer requested design drawings to ensure future full‑street development is not precluded, and that a modified site plan and final city engineer approval of clearing, filling and grading permits would be required prior to ground disturbance. The commission adopted findings and directed staff to prepare the written notice of decision; the decision becomes effective upon the chair’s signature and is subject to appeal under local code.
