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Oregon City Planning Commission approves variance for McKnight property after LUBA remand
Summary
The Oregon City Planning Commission voted to deny an appeal and approve variance VR 99-07 for James McKnight, allowing a reduction in lot depth to permit subdivision of 161 Barkley Avenue.
The Oregon City Planning Commission voted to deny Appeal No. 00-03 and approve variance VR 99-07 for James McKnight, allowing a reduction in lot depth to permit subdivision of 161 Barkley Avenue.
Jill Long, attorney for applicants Jim and Diane McKnight, told the commission that LUBA's remand narrowed the hearing to two questions: whether the hardship was more than merely monetary (criterion C, prong 2) and whether the variance conforms to the comprehensive plan (criterion F). Long said the applicant relied in good faith on pre-application advice in August 1998 and therefore suffered a loss of a property right rather than a mere financial inconvenience. "These circumstances provide evidence that prong 2 of criterion C has been met," Long said, and she cited comprehensive-plan growth and housing policies to support the finding on criterion F.
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