Yunker v. Means

Plaintiffs and defendants were adjacent property owners with abutting back yards. Plaintiffs brought this suit under ORS 215.185 ① to compel defendants to remove a second story deck at the back of defendants’ house. Plaintiffs alleged that the deck violated the setback line requirements imposed by the county’s zoning ordinances. Defendants appeal from a decree for plaintiffs.

The county’s ordinances required a minimum rear yard setback of 20 feet except for “detached” acces sory buildings, in which case only a 2% foot setback was required. An accessory building was defined as “a subordinate…