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Council denies appeal of minor partition at Coeur D'Alene Drive after lengthy quasi-judicial deliberation
Summary
After quasi-judicial deliberations and ex parte disclosures, the council denied an appeal of Planning Commission approval for a three-parcel minor partition and a class 2 variance at 2830 Coeur D'Alene Drive; the mayor recused himself and the council advised parties of appeal rights to LUBA.
The West Linn City Council, sitting quasi-judicially on May 12, voted to deny an appeal (AP-24-02) of the Planning Commission's approval of MIP-24-02/VAR-24-05 (a three-parcel minor partition and a class 2 variance) for property at 2830 Coeur D'Alene Drive.
Council President Baumgartner opened the deliberation and asked the city attorney to advise on preliminary legal matters. City Attorney Klein noted the hearing was quasi-judicial and limited to evidence and arguments contained in the record. The mayor recused himself from this hearing due to relationships with the property representatives and vacated his seat; the council proceeded with deliberations.
Council discussion focused on apparent discrepancies between developer agreement language and a plat note concerning parcel division, and on private-access issues created by shared driveways. One councilor characterized the matter as "very complicated" and urged clarification for legal certainty; another noted that code allows only four accesses from the private drive and recommended the property owners resolve private-rights issues among themselves.
A motion to adopt the final decision denying the appeal and to modify the planning commission's condition of approval per staff recommendation passed by roll call. The council informed attendees they retain the right to appeal the decision to the Land Use Board of Appeals (LUBA).
