Marshall v. City of Yachats

Petitioners seek review of LUBA’s decision affirming respondent City of Yachats’ approval of respondent Forrester’s application for a building permit for a single-family dwelling. We affirm.

The applicable provision of the city’s zoning ordinance requires that a lot contain at least 6,000 square feet in order for a single-family dwelling to be permitted on it. As explained in LUBA’s opinion, the “square footage of tax lot 2001 [Forrester’s property] is either 2,783 or 13,000 square feet, depending on whether or not a portion of the 804 Trail is included in its area.” The part of the trail in…