Kelley v. Clackamas County

Respondent Kelley applied to Clackamas County for a variance to permit a pool house at a location in his front yard that did not satisfy the applicable setback requirement of the county zoning ordinance. After the variance was denied by county planning personnel and by a county hearings officer, Kelley appealed to LUBA. It reversed the county’s decision, and the county seeks our review. We reverse.

Section 1205.02(A) of the zoning ordinance allows the granting of a variance if

“[cjompliance with the applicable requirement or standard of the ordinance would create a hardship due to one or more…