SK Northwest to OR Court Appeals
Posted by: EmilyNov 30 2007, 1:12 pm
Earlier this year the City of Portland denied a land use application by SK Northwest, a jetski dealer and repair operation that wants to set up shop on the Willamette River near the infamous “OMSI gap†between the Eastbank Esplanade and the Springwater Corridor Trail. The BTA has been following this case closely as the Springwater Gap is one of the top 40 projects identified by cyclists in the region as part of our Blueprint for Better Biking.
SK Northwest and the current property owner (Wayne Kingsley of the Portland Spirit) appealed the City’s decision to the Land Use Board of Appeals (LUBA) towards the end of the summer. The appellants claimed that the City’s ordinance requiring any property developer on the greenway trail to dedicate a strip of land to help close the trail gap was unconstitutional, and that this property should be exempt from this requirement. The property owner argued that the City shouldn’t have even considered that the trail requirement applied to its application. The appellants also disputed the City’s decision on the location of the “top of the bank†of the Willamette, a term that is very technically defined in the zoning code.
Before the City, BTA and its supporters had supported the City’s right to impose the Greenway Trail requirement that for years has applied to every property indicated on City maps. At LUBA, the City Attorney strongly defended its own decision, arguing that it was constitutionally sound and correctly interpreted the zoning code. BTA also defended the decision on appeal.
LUBA had three options in deciding the appeal:
1) Entirely uphold the decision of the City, which denied the land use application;
2) Entirely reverse the City’s decision because of some not-correctable error;
3) Remand the decision, sending it back to the City to correct some fixable error, while upholding the rest of the denial.
On November 8, LUBA remanded the decision only on the issue about the location of the top of the bank. At that time there were several potential outcomes:
1) SK Northwest could drop the application;
2) SK Northwest and/or the property owner could appeal LUBA’s decision to the OR Court of Appeals; or
3) SK Northwest could ask the City to reconsider its application in light of the remand, and then work with the City to reach a compromise on the proposed development
Earlier this week both Wayne Kingsley and SK Northwest have filed appeals with the OR Court of Appeals. A final decision could take up to 6 months. The BTA will continue to follow this issue and keep you all updated.
Contact City Council members and thank the City for upholding the code which requires a trail on properties along the waterfront. Furthermore, urge them to uphold the decision of the hearings officer, specifically to find that the city codes are constitutionally correct, and to seek a solution that maintains the opportunity for a continuous trail along the waterfront.
SAM ADAMS
Commissioner of Public Utilities
Position Number 1
1221 SW 4th Ave, Room 220, 97204
(503)823-3008
website:http://www.portlandonline.com/adams/
e-mail: sadams@ci.portland.or.us
RANDY LEONARD
Commissioner of Public Safety
Position Number 4
1221 SW 4th Ave, Room 210, 97204
(503)823-4682
website: http://www.portlandonline.com/leonard
e-mail: randy@ci.portland.or.us
DAN SALTZMAN
Commissioner of Public Affairs
Position Number 3
1221 SW 4th Ave, Room 230, 97204
(503)823-4151
website:http://www.portlandonline.com/saltzman
e-mail: dsaltzman@ci.portland.or.us
ERIK STEN
Commissioner of Public Works
Position Number 2
1221 SW 4th Ave, Room 240, 97204
(503)823-3589
website:http://www.portlandonline.com/sten
e-mail: erik@ci.portland.or.us
