Smith v. Clackamas County

Petitioner owns and conducts farming operations on a 54-acre parcel in an exclusive farm use zone. LUBA affirmed Clackamas County’s denial of his application to build a non-farm dwelling on a seven-acre part of that parcel. He seeks review and we affirm. The county made its decision under a provision of its zoning ordinance that parallels ORS 215.283(3)(d) 2 and denied the application on the basis of its conclusion that the proposed dwelling would not be situated on land that is generally unsuitable for the production of farm crops and livestock. The seven acres on which petitioner seeks to…