Planning commission rules on TUP

Celia Hung and Richard Esterman won planning commission approval for their temporary-use permit (TUP) for a lot on the corner of Cascade Avenue and Oak Street.

Following up Thursday on the July 17 appeals hearing on the Hung/Esterman TUP, the Sisters Planning Commission voted 5-0 to allow a previous staff approval to stand - but with several amendments.

The original application was approved earlier this year by city staff, granting a TUP to Hung/Esterman for the 180-day use of the vacant lot next to Sno Cap Drive In to host a series of tented, multi-vendor events. Based on the response of the community and the potential impact of the planned tented events on the newly refurbished downtown commercial core, the planning commission "called up" the issue for review.

Commissioner Darren Layne championed one amendment that would modify the staff recommendation that the city's requirement of an 1880's Western theme had been met.

Layne indicated his own and his fellow commissioners' lack of expertise in the area of 1880s theme material. He also noted the significant difference between the tents depicted in Hung attorney Wendie Kellington's presentation to the commission and the tents that were used in the special event held on the lot on Quilt Show weekend.

Commission chair Alan Holzman stated that he had received numerous complaints about the blocking of Oak Street during the business day by vendors unloading and loading their trucks and trailers for the Sisters Artists Market over Quilt Show weekend. He noted that the TUP language clearly states that Oak Street is to remain open and clear between the hours of 7 a.m. and 5 p.m.

City Planner Eric Porter pointed out that, since the TUP had been held up, the special event did not take place under the language of the TUP. Rather, the event went forward under transient vendor licensing; thus the TUP requirement to keep the street clear was not a condition for the event.

On the Thursday before the special event, Esterman received special approval from the city council that allowed him to block Oak Street, for loading and unloading only, before 8 a.m. and after 5 p.m. for that event only.

The commission's August 21 ruling on the appeal included amendments for "expert review" of the 1880s theme compliance, and expanded the 7 a.m. to 5 p.m. open-street requirement to include "any" city street, not just Oak Street.

There was some discussion about when the count of 180 days of the TUP actually begins, and also some question about whether the applicant could start and stop the clock on their business use under the TUP.

City attorney Steve Bryant stated that the clock starts when the TUP is granted, and allows 180 days' use of the property during any 360-day period. Starting and stopping of the use count is permitted.

The TUP expires one year after it is issued. Hung's attorney requested that the clock not start until any and all appeals are exhausted. The commission concurred.

There were two appeals filed to the city's original TUP decision. Celia Hung and Richard Esterman filed an appeal to have the TUP granted without conditions. John Keenan (and Jean Wells Keenan) filed an appeal to deny the TUP.

During the commission's July 17 hearing on the appeals there was emotional testimony on both sides of the issue. Hung/Esterman claiming that denying the TUP or putting any conditions on the TUP was in violation of their right to artistic expression, and represented fear of competition.

Keenan and his supporters claimed that the temporary "tent city" would draw business away from the "brick-and-mortar" merchants while not being required to pay rent year-round, and property taxes, etc. Hung notes that she is paying a long-term lease on the property.

Triggered by the dustup over this particular TUP, the Sisters City Council is reviewing the larger matter of temporary vendor licensing and regulation, and expects to make significant changes to the city code before year's end. Any changes made would not impact the current Hung/Esterman TUP as approved on Thursday.