Hagan v. City of Grants Pass

Summarized by:

  • Court: Oregon Land Use Board of Appeals
  • Area(s) of Law: Municipal Law
  • Date Filed: 10-09-2017
  • Case #: 2017-041
  • Judge(s)/Court Below: Opinion by Holstun
  • Full Text Opinion

GPDC 25.035(2) requires off street parking for uses not specified in the GPDC 25.042 schedule is to be “based upon the requirements for the most comparable building or use specified” in the GPDC 25.042 schedule.

The proposed three-story hotel would be constructed as an addition to an existing one story convention center. Off street parking for the hotel would be supplied by existing parking spaces that the hotel would share with surrounding properties. Petitioner resides in the residentially zoned and developed area located across the street from the subject property where the proposed building will be. Not agreeing with the site plan approval, petitioner subsequently appealed. Petitioner argues that the exiting lots that will supply the needed parking spaces for the proposed building are insufficient to supply the number of off street parking spaces required by the Grants Pass Development Code (“GPDC”).

On the first sub-assignment of error, petitioner claims the proposed parking plan violates the GPDC minimum parking requirements as a matter of law. Petitioner argues that the city erred in relying upon the American Planning Association (“APA”) Parking standards as a guide to determine parking requirements. The city argues that because GPDC 25.042 does not have a specific listing for a hotel with a private banquet, assembly or meeting facility, it was allowed to rely upon the APA Parking Standards. Petitioner cites GPDC 25.035(2), arguing that off street parking for uses not specified in GPDC 25.042 is to be “based upon the requirements for the most comparable building or use specified in GPDC 25.042. LUBA agrees with petitioner, remanding for the city to determine the required number of parking spaces in the manner required by GPDC 25.035(2). REMANDED.