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KELLEY v. CLACKAMAS COUNTY

LUBA No. 97-139; CA A104016.

973 P.2d 916 (1999)

158 Or. App. 159

Larry KELLEY, Respondent, v. CLACKAMAS COUNTY, Petitioner.

Court of Appeals of Oregon.

Decided February 3, 1999.

Attorney(s) appearing for the Case

H. Andrew Clark, Assistant County Counsel argued the cause and filed the brief for petitioner. With him on the brief was Clackamas County Counsel.

Dover A. Norris-York, Portland, argued the cause for respondent. With her on the brief were James H. Bean and Lindsay, Hart, Neil & Weigler, LLP.

Before De MUNIZ, Presiding Judge, and ARMSTRONG and LINDER, Judges.

De MUNIZ, P.J.

Respondent Kelley applied to Clackamas County for a variance to permit a pool house at a location in his front yard that did not satisfy the applicable setback requirement of the county zoning ordinance.1 After the variance was denied by county planning personnel and by a county hearings officer, Kelley appealed to LUBA. It reversed the county's decision, and the county seeks our review. We reverse.

Section 1205...

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