LUBA Reverses TD Council Decision On Subdivision

The Oregon Land Use Board of Appeals reversed The Dalles City Council’s decision to deny a permit for Legacy Development Group’s “The Grove” subdivision on Richmond Street.  In its final opinion and order, LUBA sustained all of Legacy’s challenges to the Council’s bases for denial of the application, and ordered the City to approve it.  The order goes on to say the Council denied the application on bases barred by state law because the standards the Council found were not met are not “clear and objective”…therefore the decision was “outside the range of discretion allowed the local government under its comprehensive plan and implementing ordinances.”  Much of LUBA’s decision centered on transportation impact study issues.  The City can appeal LUBA’s decision to the Oregon Court of Appeals.  Mayor Rich Mays indicated the Council would discuss the matter in executive session during their meeting on Monday night, but there was no decision announced after that session.

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