Some Facts Behind Developer's Accusation Of Clatsop Co Planning Division

by Staff

Wednesday, February 12th, at their morning work session the Clatsop County Board of County Commissioners discussed the over 100 approved Measure 37 claims that were invalidated with the passage of Measure 49. At the end of the work session a letter from Jim Neikes was given to the BOCC from Commissioner Lee. Neikes is one of Lee’s constituents.

Based on the accusations made in the letter the NCO staff researched the open records available, Planning Division documentation, and interviewed as many of those involved as chose to talk about the issue. The following was ascertained:

An employee in the Planning Division, Building Codes Department, Jeffery Heinzman, got a development permit based on what another coworker described as a “fib”. Heinzman filed paperwork for the development his family was working on, stating it had access to water via the Burnside Water District. According to Burnside Water District they did not have water for the development at the time that the development permit was granted. Without a proven water source a development permit cannot be applied for, nor granted.

A partition was recorded, on a Measure 37 approved waiver for the Heinzmans, by the county clerk on November 19, 2007. According to the tentative agreement signed by Community Development Director Ed Wegner, the partition was to be signed by him before being considered completed and a development permit obtained. A record of that sign off has currently not been found. The only sign-off on the partition found was that of the surveyor. Major Partitions do not normally have to go through the Planning Commission .

According to Jennifer Bunch she has never worked on any Measure 37 claims. According to her records the Heinzmans’ measure 37 claim waiver was approved by Clatsop County on March 8, 2006 and by the State of Oregon on April 12, 2007. The only other thing she had to do with the Heinzman development was approving a road name and giving the new partition an address, both done after the partition was registered with the clerk.

According to the minutes of the Planning Commission a request for subdivision of Heinzman’s Measure 37 claim has never come before it. Since the area is a RA-2 the partition of a piece under two acres would not be permissible unless the subdivision has been approved as a Measure 37 waiver claim. One of the partitioned lots is under two acres. All permits issued to Heinzman after his registration of the survey with the county clerk read RA-1. Mike Weston, with the Planning Division, says this was an office mistake as zoning cannot be changed in an area whether or not a Measure 37 waiver has been approved for the property. Other Measure 37 waiver plat approvals have gone through the Planning Commission accompanied by a staff report.

On April 11, 2007 the Heinzmans first applied for a permit to develop their property. November 21, 2007, County Planner John Kanlund approved a development permit to the Heinzman property. On Dec 11, 2007, Kanlund wrote a letter to Heinzman stating that because water was not available to the partition all development must stop and no further permits would be issued. This is called “red flagging” a development so that others will know the development has issues that must be resolved before further permits can be issued. The project’s permit was approved November 21, 2007, withdrawn Dec 11, 2007. That 20 day period was the only time site development should have taken place. Extensive site develop has occurred, something which Neikes contends would have been noted had the normal Measure 37 waiver approval for a plat been observed.

Stewart Scarborough issued two permits, one mechanical and one plumbing to Jeff Heinzman on the partition on Dec. 28, 2007, seventeen days after the project was “red flagged”. Scarborough said he did not wish to make any statements on this issue.

Although no approved placement permits exist for the property a manufactured home sits on it. The property is leveled for a manufactured home and has a driveway; earthwork has been done. Heinzman applied for a manufactured home placement November 20, 2007, but has not yet received a permit. Because it is on a zoned geo-hazard overlay there are more stringent guidelines that must be followed before a home can be built or placed there. According to the Planning Division the home should not be there. Because there is not currently a code compliance specialist and the director is on vacation nothing can be done about the matter. Jim Neikes has argued that the Planning Division has known at least since January 8, 2007, about the manufactured home and should have known earlier if site inspections had been done as the home was bought in April 2007 and moved in June 2007 from Vince Campbell’s site in Lewis and Clark. According to the county Assessment Department the Manufactured Home is listed as still being on the Campbell site.

On December 14, 2007, all approved Measure 37 waivers were invalidated when Measure 49 took effect. At this time Clatsop County Board of County Commissioners is determining how best to help individuals with previously approved waivers (see related story ). One way is by determining a “vested” interest in which the claimant proves that they have put so much time, effort and expense into a development it would not be fair to stop them from finishing.

According to Planner Mike Weston in the Planning Division, no further work should be occurring nor permits being issued on the Heinzman development. The Heinzmans were contacted for their side of this issue. While first agreeing to talk to a reporter for NCO, one and half hours after the interview they left a message retracting everything they had said. They replaced it with the announcement that they didn’t wish to make a public statement. Weston said that because of budgetary constraints Jeffery Heinzman’s position was terminated January 15, 2007, and that Heinzman no longer works for the county.

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