Legal Question in Real Estate Law in Oregon
City enforced/non documented city zoning
The city I live in granted a new construction permit for a single family 4300 sq. ft home, on a sloping down (approx. 20' lower from our home entrance grade, to their entrance grade) behing us. The residential height zoning code only specifies any stucture be a max. of 2-1/2 stories or 35', which ever is less. No specification where the bottom grade of 35' starts! Simplistically speaking from the rudimentary original code drafted! Is a seemingly obvious deduction the start would have been from the homes front entrance i.e. street grade. Approx. 3/4 into the build (without seeing prints) it was obvious the front facade would be over 3-1/2 stories. The most lived in area of our home (/= 80') facing the coastal mountains, is now approx. 75% blocked. The city planner tried to give me some convoluted modern interpretation of the original code! It follows as: For sloping up (@ build site entrance) lots the 2-1/2 stories actually starts from the rear homes grade, but the entire front not be 50% seen at 3 stories and on etc. A convienently unwritten intrepretation. The only other sloping up lot in the city near 4300' is only a 2 story from street grade. A physical condition in my wife has worsened! The mayors email says its split milk.
1 Answer from Attorneys
Re: City enforced/non documented city zoning
You can force the city to follow the rules through a mandamus action or an appeal.
The council and the planners appear to have made an interpretation of the code that you believe was invalid. Typically you would need to appeal this type of decision within a fixed number of days.
Since the project has progressed significantly your options are now limited.
Give us a call to review your case and evaluate your options.
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