Oregon State Parks & Recreation v. City of Portland

City of Portland (city) seeks review of LUBA’s order remanding its Goal 15 exception and comprehensive plan map amendment. City’s decisions permitted an addition to a restaurant deck, including a public observation area with public access, in the Willamette River Greenway setback area. Section 33.77.150(A)(3) of the city code allows an exception to Goal 15 for non-river dependent or related uses in the area if the “use will provide a significant public benefit.” See also Portland City Code § 33.77.035(A); Allen v. City of Portland, 87 Or App 459, 742 P2d 701 (1987), rev den 305 Or 103 (1988).…