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North Bend council approves partial vacation of Montana Street right-of-way

December 10, 2025 | North Bend, Coos County, Oregon


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North Bend council approves partial vacation of Montana Street right-of-way
The North Bend City Council voted to adopt an ordinance to partially vacate a portion of Montana Street between Oak and Pine streets, preserving a 48-foot corridor for utilities and future access.

City planning staff presented case file 62725000013PLNG and noted the right-of-way contains sanitary sewer and storm drainage mains that must remain accessible. Staff said state petition rules under ORS 271.080 require written consent from immediate adjacent property owners and other affected owners and that, while the applicant obtained the required written signatures, a full 80-foot vacation would block the corridor and eliminate potential east–west connections. The planning commission recommended approval of a partial vacation "only allowing up to 16 feet to be vacated from each side," leaving a 48-foot corridor, to protect existing utilities and meet the city's 48-foot local street standard.

The applicant, listed in the transcript as Bridal Mault, told the council she sought the vacation "so that I add square footage to the property that I'm trying to develop" and said a full vacation with recorded easements would allow her to divide the property into two tax lots and build two homes. The applicant also acknowledged sewer and storm lines run through the segment and asked that easements be retained "so you guys can still work and do repairs to those line main lines."

Councilors asked staff whether a full vacation would permit a lot split under the R7 zone standards. Planning staff explained frontage and area thresholds, setback constraints, and that easement reservations (typically 15 feet total, or about 7.5 feet per side) and the presence of sewer infrastructure would limit what a full vacation would accomplish without additional variances.

After discussion, the council completed a first reading by title and later conducted a second reading by title, then adopted the ordinance as presented. Adoption was recorded by voice vote in the meeting transcript; individual roll-call tallies were not fully recorded in the transcript.

The ordinance language in the meeting record is written as "Ordinance number 2086, an ordinance vacating a portion of Montana Avenue right of way between Blocks 10 And 22." The staff recommendation and applicant statements are entered in the public record; staff will be responsible for final easement language and for ensuring utility access is protected in the final recorded instrument.

The council indicated staff will proceed with the partial vacation consistent with the planning commission recommendation; any subsequent permit or lot-split actions would require separate applications or variances as needed.

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