- Court: Oregon Land Use Board of Appeals
- Area(s) of Law: Land Use
- Date Filed: 08-13-2018
- Case #: 2017-113
- Judge(s)/Court Below: Opinion by Ryan
- Full Text Opinion
Petitioner appeals a hearings officer’s decision approving an application for environmental review to replace existing wood and foam docks with concrete docks, wood pilings with steel pilings, and wood breakwater with concrete breakwater at a marine moorage facility, portions of which are zoned for Residential (R10) and Residential Farm/Forest (RF). Both R10 and RF prohibit commercial outdoor recreation uses such as the breakwater, pilings, and docks.
Petitioner assigns error to the hearings officer’s conclusion that there was substantial evidence in the record, including a 1997 building permit, to support its determination that the general commercial use was a legal nonconforming use in the residential zones. Petitioner argues that the 1997 building permit was not a valid permit since it was never actually issued due to the applicant’s failure to identify a special inspector. Because the building permit was not valid, petitioner argues it does not qualify as standard evidence as required for a nonconforming use under the city code. Respondents respond that the hearings officer’s decision was supported by substantial evidence because it included the building permit, along with additional evidence including aerial photos taken in 1996.