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Yamhill County leaves contested Measure 49 clustering case open after neighbors and DLCD flag legal concerns
Summary
During a Feb. 5 hearing the Yamhill County Board of Commissioners heard days of testimony over a Measure 49 request to transfer home‑site authorizations from a steep, small 'sending' parcel to a 37‑acre 'receiving' parcel on Finnegan Hill and voted to leave the record open for additional evidence and rebuttals through Feb. 26, with a continuation set for March 5.
Yamhill County commissioners on Feb. 5 left the record open in a contested Measure 49 land‑use hearing after neighbors, an appellant’s attorney and the state Department of Land Conservation and Development raised legal and factual objections.
Planning staff opened the evidentiary hearing and summarized the application: the applicant seeks to partition a roughly 37‑acre property into a 2‑acre and a 35‑acre parcel by transferring Measure 49 home‑site authorizations from a smaller, steeper ‘‘sending’’ parcel to the larger ‘‘receiving’’ parcel under the clustering option (planning docket PAZ‑01‑24/SD‑03‑24). Staff noted applicable criteria from Measure 49 final orders (including Echo122333) and county land‑division rules.
Applicant Mark Wilkuts, who identified himself and his Newberg address for the record, explained that the sending parcel’s steep slopes and limited buildable area make on‑site dwellings impractical and that the receiving parcel had…
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