Homeowner appeals over 50-year-old approval

An unusual appeal hearing stemming from a 1976 land use approval may be solved before the Yamhill County Board of Commissioners weigh in; noticing necessary for the appeal could solve the dispute.

Dayton property owner Michelle Crawford’s four-acre parcel at 6291 N.E. Breyman Orchards Road was approved for a single-family home in 1976. A septic system was installed on the property in 1998 and inspected in 2014, creating a vested interest in building on the land unless state laws change — which they did.

When Crawford returned earlier this year for a building permit, Planning Director Ken Friday sent two letters stating a need to notice surrounding properties for an opportunity to appeal, in accordance with a 2019 Land Use Board of Appeals (LUBA) ruling. Crawford’s attorney appealed the letters as a decision to reject, which Friday contends.

The LUBA decision involved a 1990 vesting determination, and the board found such decisions require notice to interested parties and an opportunity to appeal.

While the appeal cites several “errors of law” in Friday’s letters — including that the ruling adversely affects Crawford — it may be a moot point because noticing of the appeal fulfilled the requirements of the LUBA decision, according to Friday.

In a staff report, Friday says no official decision was reached through the letters, so there is no decision to uphold or overturn, and the issue should be returned to planning for a final decision.

“As a result of (the) appeal, notice was mailed to neighboring property owners notifying them of the issue,” he states. “Our office believes this public notice is sufficient to notify neighbors of the issue.”

The appeal hearing is scheduled for the end of Thursday’s board agenda.

The board received 12 letters from residents disagreeing with Commissioner Mary Starrett’s comments last week about racism in Newberg. During the June 18 meeting, Commissioner Bubba King discussed Juneteenth celebrations and noted work still needs to be done, citing first-hand accounts of recent racist comments in the high school and community.

Starrett questioned what she called claims of “rampant” racism and cautioned not to paint a picture of a community that is “completely erroneous.”

Members of the Latino, queer and business communities criticized what they categorized as a dismissal of lived experiences from residents and provided examples to depict how racism and discrimination occur today in Yamhill County.

“To deny that we have racism in YAMCO is hard to understand,” McMinnville resident Phil Forve wrote. “Perhaps Mary only associates with the saints. But if she were to listen to comments from the community of Hispanic, Blacks, Asian, and Indigenous people in our community, she would learn that the sin of racism and racial profiling is here.”

A Newberg service worker said she has witnessed slurs in person at community events and clients have left the city because they don’t feel welcome. Mexican American Salma Galvan Pelayo recalled a story of being stood up by friends after their parents realized her ethnicity.

Newberg resident Denise Arnold said her children were told to leave the country on the bus following Donald Trump’s election in 2016, and recalled a “slave trade” game at Newberg High School that garnered national attention.

McMinnville resident Lu Ann Anderson said Starrett’s comments are inconsistent with the principles elected officials are sworn to uphold.

“When an elected official engages in behavior that observers recognize as racist, the harm extends beyond the individuals directly targeted,” she said. “Such conduct damages public confidence in government, and signals to marginalized groups that their concerns and experiences are not valued equally.”

Also at the meeting, the board will vote on annual contracts for behavioral health counseling at McMinnville, Newberg and Sheridan schools, along with several contracts for psychiatric behavioral health services.

The board will convene its meeting at 10 a.m. Thursday, June 25, in Room 32 of the county courthouse. A meeting packet and Zoom link can be found at yamhillcounty.gov/agendacenter. The meeting will also be broadcast live on YouTube.