Carver v. Washington County

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Municipal Law
  • Date Filed: 10-28-2014
  • Case #: 2014-063
  • Judge(s)/Court Below: Opinion by Bassham
  • Full Text Opinion

A roadway does not need to meet the “adequacy” requirement of a specified width of 22 paved feet under Washington County Community Development Code 501-8.1B(2)(b) if the applicant can show that the inadequate facility meets the criteria set forth in 501-6.1(A)-(D).

On July 16, 2014, LUBA affirmed the county decision approving the Cedar Park subdivision (LUBA No. 2014-028). Washington County Community Development Code (CDC) 501-8.1B(2)(b) contains provisions that in order to have an adequate level of access for Melody Lane, the access road linking Phase II of Cedar Park and the nearest collector road, the paved width must be 22 feet. Westwood Homes (Westwood) was unable to secure the needed right of way, and applied to the county for an exception to allow it to construct an 18-foot wide road within their existing 20-foot right of way. The hearings officer issued the exception and Carver appealed to LUBA. Carver first challenged the hearings officers findings that the exception satisfied the adequacy of access as required under CDC 501-8.1. LUBA, disagreed, holding that the hearings officer’s findings satisfied the four exception criteria for “inadequate” facilities contained in CDC 501-6.1(A) through (D). Carver argued that Westwood did not meet the exception criterion of CDC 501-6.1(D) to exhaust “all practical methods” to comply with the 22-foot requirement, but LUBA held that the unwillingness of adjoining landowners to dedicate a right of way was sufficient notwithstanding one landowner’s willingness to dedicate his 20-foot section of the needed land. AFFIRMED.