JOHNS v. CITY OF LINCOLN CITY

LUBA Nos. 96-082, 96-083, CA A95507.

933 P.2d 978 (1997)

146 Or. App. 594

Wes JOHNS, Petitioner, v. CITY OF LINCOLN CITY, Respondent.

Court of Appeals of Oregon.

Decided March 5, 1997.


Attorney(s) appearing for the Case

Gary G. Linkous, Welches, argued the cause and filed the brief for petitioner.

Christopher P. Thomas, Portland, argued the cause for respondent. With him on the brief was Moskowitz & Thomas.

Before DEITS, P.J., RICHARDSON, C.J., and De MUNIZ, J.


DEITS, Presiding Judge.

Petitioner seeks review of LUBA's decision affirming the City of Lincoln City's denial of petitioner's application for a dwelling. We reverse.

Although the proposed location of the dwelling is in a residential zone, the area is also part of an environmental quality overlay zone. As such, the city's zoning ordinance makes the dwelling proposal reviewable under aesthetic resource and natural hazards standards, instead of being permitted...

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