Miles v. City of Florence

LINDER, «J.

Safeway Inc. (Safeway), intervenor below, sought and obtained a conditional use permit from the City of Florence to build a gas station on property where it has an existing grocery store. Bud Miles and Miles Oil Co. (opponents) opposed the permit and appealed its approval first to the city council and then to LUBA. On appeal to LUBA, opponents argued, inter alia, that Safeway’s site plan did not meet the city’s requirement that the site have a minimum of 150 feet of frontage. LUBA concluded that, because the pertinent ordinance is ambiguous, it could not resolve that issue. LUBA…