Oregon City Council will hold a public hearing this month to consider a request for a Special Use Exception (SUE) in a non-agricultural area at 6338 Brown Road for the purpose of housing livestock.

The applicants and property owners, Mohamad Tawil and his wife Nabil, are requesting the SUE in an R-1 Low Density Residential District.

The property, surrounded by agricultural zoning on two sides, is on the south side of Brown Road, west of Bury Road. The lot size is 336 feet by 282 feet, with a seven-and-a-half foot concrete wall surrounding the backyard portion that will encompass cages and noise, Cherrefe Kadri, attorney for the Tawils, said at a Planning Commission meeting on April 19. There is 230 feet between the wall and the street. Plans call for a pole barn to be constructed along the chicken area.

If the property was zoned agricultural, there would be no need for the SUE request, James Gilmore, commissioner of Building and Zoning, said at the meeting.

The Tawils had initially requested to house two miniature ponies, four pheasants, four peacocks and 25 chickens at the site, but said at the meeting he would be willing to drop that request and house just 20 chickens.

Several of the Tawils’ neighbors were opposed to the zoning request, mostly out of concerns that possible noise and odor from the site might drift onto their properties.

Bob Textor, who owns agricultural property on Brown, said the type and number of animals that would be housed at the site should be specified before the SUE is approved, and that waste control should be addressed.  He also said a SUE designation at the site should not be carried over to future owners of the property.

Richard Goulet, of Brown Road, said he was concerned about a prevailing southwest wind in the area. He wanted to know if the chickens’ wings would be clipped and what recourse he would have if they flew into his yard.

Mohamad Tawil, who was at the meeting, said netting over the pen would confine the chickens.

Abigail Hecklinger-Gerber said the property she bought on the south side of Brown Road four years ago could drop in value due to possible odor and noise if the SUE is granted.

Mary Ellen Poturalski, who lives across the street from the site, said she was concerned that a northerly wind might blow odor across the road. She also raised questions about the planned construction of the pole barn, and whether it would be larger than most residences in the area. Neighbors have signed a petition in opposition to the zoning request, she said.

Mayor Mike Seferian, who is a member of the Planning Commission, said the size of the property allows for a large pole barn to be built regardless of whether the SUE is granted. He also said those who live on the north side of the road, which is zoned agricultural, would also be able to house chicken on their properties, if they chose to do so.

If the Planning Commission does not recommend to council that the SUE exemption be approved, and council denies the request, Tawil could file a lawsuit in municipal court, which could rule favor of his initial request, said Seferian. He wants to be fair to the residents, he said, yet avoid a feud.

Tawil said he bought the property because of the large yard. His sons’ hobby is to raise animals and they want to raise chickens for the eggs. The pole barn would store his boat, jet ski, and golf cart and house the chickens in the winter. He does not want odor in his own yard, and said he would remove the chickens if the smell gets out of control, he said.

Tawil said he has raised chickens before at his expanded car lot on Woodville Road. He also said chickens do not get loose from their pens.

Gilmore said the city has received a petition with 23 signatures of neighbors opposed to the SUE.

The Planning Commission voted in favor of a compromise proposed by Seferian to grant Tawil a temporary SUE to raise 20 chickens on his property for one year, and that it would be reviewed by the Commission and council upon expiration of the permit. Seferian said he wants to avoid a possible lawsuit and give Tawil a chance to prove to neighbors he can control possible noise and odor.

Upon expiration of the temporary SUE, Tawil will have 30 days to apply for an extension, request that the SUE be made permanent, or drop the request.  The SUE is only for the Tawils and would not be carried over to future property owners.

After the meeting, Seferian said neighbors who expressed concerns about the SUE were unaware their own properties were zoned Agricultural.

“They were surprised to learn that every one of those houses are zoned Agricultural. They could do everything Tawil wants to do without a permit because they are not in a residential neighborhood, but an agricultural neighborhood,” said Seferian.

He believes the Tawils, whom many called good neighbors, will ensure there is no noise or odor coming from their property and that the neighbors will likely be pleased about the SUE exemption when it is revisited in one year.

“Mr. Tawil’s own wife has said she was concerned about possible smell and noise in their backyard, so Mr. Tawil will be answering to her if their own backyard has these problems,” said Seferian.

Council will hold a public hearing on May 23 at 8 p.m. in council chambers, 5330 Seaman Road, to consider the SUE application.