Correction: The Harbor filed an appeal of the planning commission’s recommended approval. No lawsuit was filed.
The Depoe Bay City Council Tuesday night gave Inn at Arch Rock permission to move ahead with his ten room, three story expansion of the property just to the west of The Harbor Condos. The Harbor Condos manager and owners launched an appeal earlier this year against Inn at Arch Rock owner Glenn Petry claiming that the expansion would block the views of Harbor condo owners, and that the expansion would encroach on a 40 foot minimum set-back requirement from the bluff face.
Petry, through his lawyer, Dennis Bartoldus, claimed that the 40 foot set back had seldom been enforced off Sunset Street, and that many exemptions had been recommended and granted by the city planning commission, including most recently Petry’s expansion.
At an earlier hearing, The Harbor’s attorney argued that the 40 foot set back is on the books and should be enforced. But Bartoldus pointed out that The Harbor itself sits barely 15 feet from the bluff’s edge. Bartoldus also argued and that The Harbor Condos owners’ complaint that their views would be blocked are simply not true.
In the end the council upheld the recommendation from their planning commission and struck down the appeal by The Harbor Condos.
Outside the meeting, Petry told News Lincoln County that his neighbor still has time to appeal the city council’s decision to the state Land Use Board of Appeals, so there’s no telling when he might be able to get construction going on his expansion. However, Petry said he’s confident that he will ultimately prevail and that he could be under construction by September or October of next year.
Neither The Harbor Condos manager or their attorney attended Tuesday night’s city council meeting.