Land Use Board of Appeals dismisses brewery appeal

After missed deadline, Wolves & People cleared to hold agri-tourism events

Wolves & People Farmhouse Brewery is now free to hold a series of agri-tourism events this summer after a state board dismissed an appeal from several neighbors and Friends of Yamhill County.

After the petitioners missed a filing deadline, the Oregon Land Use Board of Appeals granted Yamhill County's motion to dismiss the appeal May 17, leaving in place the Yamhill County Board of Commissioners' decision to allow the permit.

While county officials reasoned that a brewery using products grown on its own farm should be allowed to hold agri-tourism events like a winery would, the petitioners argued that the events would essentially allow the brewery to become a scenic bar, harming neighbors and paving the way for other inappropriate uses of farm land throughout the county and state.

"We are extremely disappointed that we will not get our day in court," Sid Friedman, president of Friends of Yamhill County, said in an email. "These are critical issues that will only increase as the proliferation of non-farm uses in farm zones continues."

The issue arose in January when a neighbor of the brewery appealed a permit from Yamhill County allowing the brewery to host 18 weekend agri-tourism events throughout the year, during which the brewery planned to host food and beer pairing events with one guest chef per occasion.

The brewery at 30203 N.E. Benjamin Road opened last spring, the culmination of years of work and planning, owner Christian DeBenedetti explained during a public hearing Jan. 19. He noted that the farm has been in his family's hands for generations and numerous ingredients used in the beer are grown on the farm or on farms nearby.

DeBenedetti did not respond to a request for comment for this story, but he explained at the time that the brewery is pursuing partnerships with local chefs to pair dinners with their beer, broadening the brewery's audience and bringing more visitors to Yamhill County.

Neighbors have argued that increased traffic, noise and light pollution has already impacted their lives and the events would only make those issues worse.

The brewery, which marked its one-year anniversary last week, has been rapidly gaining notoriety in the area and the appeal marshalled hundreds of supporters in the region and the country to write to the county in support of the brewery.

When the Board of Commissioners backed the county's decision to allow the permits, two other neighbors and Friends of Yamhill County appealed the case to LUBA.

The agri-tourism events were developed about five years ago as a way to allow farmers, especially wineries, to use their land in innovative ways while balancing the need to preserve farmland, and both sides believed this would be the first test of those rules at the state level.

But that test was not to be, as the petitioners sent their notice of intent to appeal to an address LUBA moved away from four years ago, and the notice did not arrive to LUBA until two weeks after the deadline.

While he saw no path forward to blocking the permit now, Friedman noted they may take up the fight again when the one-year permit expires.

"We've basically asked Wolves & People to continue (being) good neighbors," said Todd Sadlo, senior assistant county counsel, noting his belief that the brewery has been neighborly and will continue to do so.