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File Number: Z0123-23
Applicant: Devyn Petersen and Staci Dalton
Property Owner: Staci Dalton and Phil Dalton
Proposal: This notice pertains to a remanded decision regarding a Conditional Use Permit (CUP) for the establishment of an event venue.
On March 4, 2024 the Clackamas County Hearings Officer approved the applications subject to conditions of approval. Neighboring residents appealed the county’s decision to the Land Use Board of Appeals (LUBA). On July 10, 2024 LUBA remanded the hearings officer’s decision on two issues: ORS 215.760(2) prohibits a barn previously authorized by ORS 215.760(1) from being converted to an event facility, and there was “insufficient evidence in the record that the proposed dressing building containing two bathrooms with showers, a kitchen, and changing rooms is a “[b]uilding[] normally associated with uses permitted in the [AG/F] zone…” (ORS 215.448(1)(a)(B) and ZDO 806.02(C).” The applicants appealed LUBA’s decision to the Oregon Court of Appeals, which reversed LUBA’s decision regarding ORS 215.760(2) and remanded the decision to LUBA. Kupillas v. Sage & Soc., 337 Or.App. 67, 563 P.3d 394 (2024). The Court of Appeals did not address the dressing building issue. The appellants filed a petition for review with the Supreme Court, which denied review on April 10, 2025. On June 26, 2025, LUBA remanded the decision to the County solely to address the dressing building issue. Kupillas v. Clackamas County, LUBA No. 2024-015 (2024) (Kupillas II).
LUBA remanded this CUP decision for the sole issue of determining whether there is substantial evidence that the proposed dressing building containing two bathrooms with showers, a kitchen, and changing rooms is a “[b]uilding[] normally associated with uses permitted in the [AG/F] zone…” (ORS 215.448(1)(a)(B) and ZDO 806.02(C). The applicant proposed to withdraw the dressing building as a component of the proposal. Therefore, the scope of the remand is limited to determining whether that modification, the withdrawal of the dressing building, affects the application’s compliance with any approval criteria. The hearings officer will not accept or consider testimony or evidence regarding other issues that were affirmed by LUBA or were not raised in the prior proceeding.
Applicable Criteria: Sections 202, 406, 407, 806, including ZDO 806.02(C), 1000-series, 1203, and 1307 of the Clackamas County Zoning and Development Ordinance (ZDO) and Oregon Revised Statutes (ORS) 215.296(1).
The ZDO criteria may be viewed online
Site Address and/or Location: 29335 S Beavercreek Rd., Mulino, OR 97042
Assessor’s Map: T4S, R3E, Section 31, Tax Lot 608, W.M.
Property Size: 19.63 acres
Zoning: Ag/Forest (AG/F)