Griffin Oak Prop. Invest. v. City of Rockaway Beach

No city official can bind a city to a smaller setback by incorrectly approving a site plan showing a smaller setback. Doney v. Clatsop County, 142 OrApp 497 (1996).

City appealed a mandamus judgment that ordered it to approve Relators' application for a zoning permit which would allow them to rebuild their oceanfront home's deck. On appeal, City argued that the proposed alteration would violate Rockaway Beach Zoning Ordinance (RBZO) § 5.060 because it would cross the 30.3 foot setback boundary. In response, Relators argued that City was precluded from raising an argument under RBZO § 5.060 because City previously signed off on Relators' site plan and building inspection. No city official can bind a city to a smaller setback by incorrectly approving a site plan showing a smaller setback. Doney v. Clatsop County, 142 OrApp 497 (1996). The Court held that City's previous approval of Relators' site plan that showed the deck extending beyond the 30.3 foot setback could not bind City from enforcing its lawful zoning regulations. Reversed and remanded.