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ZIRKER v. CITY OF BEND

2008217; A142288.

227 P.3d 1174 (2010)

233 Or. App. 601

Douglas ZIRKER, Viviann Zirker, and Patricia Nippert, Petitioners, v. CITY OF BEND and Steidl Road, LLC, Respondents.

Court of Appeals of Oregon.

Decided February 17, 2010.

Attorney(s) appearing for the Case

Pamela Hardy argued the cause and filed the reply brief for petitioners. With her on the joint brief were William H. Sherlock and Hutchinson, Cox, Coons, DuPriest, Orr & Sherlock, P.C.

Helen Eastwood argued the cause for respondents. With her on the joint brief were Bryant, Lovlien & Jarvis, P.C., and Mary A. Winters.

Before WOLLHEIM, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). The opinion affirmed a decision of the City of Bend (city) that approved respondent's site plan for a triplex residence. LUBA determined that the city erred in granting respondent's requested variances to street improvement, property dedication, and special setback standards for the development. However, it concluded that an alternative waiver of those requirements...

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