ZIRKER v. City of Bend

Petitioners seek review of an opinion and order of the Land Use Board of Appeals (LUBA). The opinion affirmed a decision of the City of Bend (city) that approved respondent’s site plan for a triplex residence. LUBA determined that the city erred in granting respondent’s requested variances to street improvement, property dedication, and special setback standards for the development. However, it concluded that an alternative waiver of those requirements by the city engineer was sufficient to sustain approval of the site plan. Petitioners, who are neighbors opposed to the triplex development,…