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SARTI v. CITY OF LAKE OSWEGO

LUBA 90-116; CA A68254.

809 P.2d 701 (1991)

106 Or.App. 594

Janine SARTI and Bruce Kubler, Husband and Wife, Joe DeFrancesco and Joan DeFrancesco, Husband and Wife, Lynn Ryan and Margaret Ryan, Husband and Wife, Ann Hertzberg, Mary Sharp, Ruby Paulson, Ann Savage, and Robert Bankhead and Marty Bankhead, Husband and Wife, Respondents, v. CITY OF LAKE OSWEGO, Respondent below, and Bev Lindemann, Petitioner.

Court of Appeals of Oregon.

Decided April 17, 1991.

Attorney(s) appearing for the Case

J. Kristen Pecknold, Portland, argued the cause for petitioner. With her on the brief was Reeves, Kahn & Eder, Portland.

Mildred J. Carmack, Portland, argued the cause for respondents. With her on the brief were Steven W. Abel and Schwabe, Williamson & Wyatt, Portland.

Before RICHARDSON, P.J., and ROSSMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

The City of Lake Oswego granted petitioner a conditional use permit to operate a private dance school, with instruction in "tap, jazz, ballet and tumbling," in a residential zone. The permit was issued pursuant to a provision of the city's zoning ordinance that conditionally allows "institutional uses" in residential zones. Those uses include, inter alia, "private educational [or] cultural * * * facilities." Respondents appealed...

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