LINN OKS RESOURCE CENTER

Ehlen Drive Business Gets Conditional Approval From Planning
Director

As far as Linn County is concerned, Sheri Levit can go ahead and keep
running her "horticultural resource center" for Oregon medical
marijuana patients and anyone else.

Robert Wheeldon, director of the county's Planning and Building
Department, has given the business on Ehlen Drive his conditional approval.

In a letter dated Aug. 26, Wheeldon responded to a code interpretation
request filed by Corvallis attorney George B. Heilig on behalf of the
center's landlord, Ron McReynolds.

"Based on the findings and conclusions in Exhibit 1, I am able to
issue a conditional approval of the activities described in your
application," Wheeldon wrote.

At issue was whether the business, which started as a resource center
for medical marijuana patients in the spring, was allowed in the
"urban development II" zone that covers the site and some adjoining
properties. Since the issue arose, Levit changed her operation to
become a nursery that supplies gardening supplies and related items.
It also offers gardening classes.

"A garden shop that provides materials or services for horticulture or
gardening is an allowed use on property within the UD-II zoning
district," Wheeldon wrote. "Horticulture includes the production of
fruits, herbs, vegetables or ornamental plants."

He said classes for which people pay tuition would make the place a
school, not allowed in the zone. "However, when the primary use of the
land is as a garden shop, providing instruction on horticulture or
gardening methods, in conjunction with the sale of gardening items
such as soils, amenities, and tools is a normal, auxiliary and allowed
use."

He also said the rental of storage lockers is allowed on the
property.

"The operating characteristics of the proposed OMMP, as described in
the business plan, appear to be that of a private school or club,"
Wheeldon added. "Schools and clubs are not permitted as primary uses
within the UD-II zoning district. However, there are other rural
development zones within the county that may permit the requested uses
outright or as a private school."

The thrust of the decision seemed to be that Levit can operate as a
nursery but not run it as a club for medical marijuana card holders.

Her landlord, Ron McReynolds, said Tuesday he had someone picking up
an electrical permit for work he was planning to do in another one of
the four units of the building. The permit had been held up while the
zoning dispute was pending.