From: Spencer Parsons <spencer@gov-law.com>
Sent: Tuesday, December 3, 2019 10:03 AM
To: Alice Cannon <acannon@cityofmolalla.com>
Cc: Kristen Ketchel-Bain <kristen@gov-law.com>
Subject: FW: Following up from Wednesday's meeting re: 535 W. Main
FYI.
Spencer Q. Parsons
Beery Elsner & Hammond, LLP
1750 SW Harbor Way, Suite 380
Portland, OR 97201
t (503) 226 7191 | d (503) 802 0014
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From: Wendie Kellington [mailto:wk@klgpc.com]
Sent: Monday, December 02, 2019 3:40 PM
To: Spencer Parsons
Cc: Bill Avison; Mike Robinson - (mrobinson@schwabe.com)
Subject: FW: Following up from Wednesday's meeting re: 535 W. Main
Hi Spencer,
Will you please confirm that the below email is not designed to express any final city decisions but rather advisory opinions only? It appears to be written that way, but I would appreciate your confirmation of that. Otherwise, it appears that the time for filing precautionary local appeal periods would run Wednesday and precautionary LUBA appeals would run the following week. Obviously, given that we are trying to work through issues cooperatively, filing appeals seems counterproductive where it seems like the city has not intended to trigger such actions. Certainly, the city has the ability to file enforcement actions or otherwise make final decisions if it chooses to do so. The opinions about nonconformities, “never legally established” is especially problematic as well as about business cessation. Please let me know. I look forward to hearing from you. Thank you. Best, Wendie
Wendie L. Kellington|Attorney at Law.
P.O. Box 159
Lake Oswego Or
97034
(503) 636-0069 office
(503) 636-0102 fax
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Begin forwarded message:
From: Alice Cannon <acannon@cityofmolalla.com>
Subject: Following up from Wednesday's meeting re: 535 W. Main
Date: November 22, 2019 at 10:25:15 AM PST
To: "mrogers@iclamaerica1.com" <mrogers@iclamaerica1.com>, "bill@avison.com" <bill@avison.com>
Cc: Dan Huff <dhuff@cityofmolalla.com>, Gerald Fisher <gfisher@cityofmolalla.com>
Michael and Bill:
It was nice meeting you at Wednesday’s meeting. I am following up now to outline some next steps. We are pleased you are interested in locating your business in Molalla. As we discussed yesterday, this site contains several areas of nonconformity, many of which were never legally established by the City of Molalla. For this reason, I send this email with a sense of urgency, especially given that the City continues to see employees moving inventory into side of the warehouse your business proposes to occupy. Prior to continuing further movement of inventory or any operations on the site:
- 1. The City needs to make a final determination as to whether your proposed use is permitted in the M-2 (Heavy Industrial) zone. As I discussed yesterday, your proposed operations do not appear to immediately match the uses outlined in our code. My understanding of your business is that it contains two parts. One is the warehousing and distribution of inventory. The second part of your business involves some fabrication or manufacturing to customize the conveyor belt materials and inventory to meet the needs of your clients. It is the second part of the business where I am uncertain as to where the use fits into our development code, I will need to better understand your proposed operations to make a determination as to how the use fits into Molalla’s development code and the M-2 zone.