The city is currently reviewing a variance request that would allow owner Wayne Purcell to build within 40 feet of the river, which is less than half of the current setback. Purcell was not immediately available for comment. A city planner already has recommended denial of the request, and a recent public hearing in front of the planning commission also produced negative responses to the idea. The hearing was continued to Feb. 25.

Opposition groups include the Friends of Bend, the Central Oregon Audubon Society and the Sierra Club. They want the river setback to remain 100 feet, and they don't like Purcell's track record with the river. In October 2000, the Oregon Department of Environmental Quality reported that it had fined The Riverhouse $5,000 for draining chlorine-laden water from its indoor swimming pool and spa directly into the river. Purcell has placed responsibility for the incident on the contractor who did the drainage work and the city inspector who approved it.