PLA26-003 Staff Decision - Laserfiche WebLink

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1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Assessor’s Office provided information regarding taxes on the subject properties. Stayton Fire District commented: “The access must meet the Marion County Fire Code and information can be found in the application guide.” All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing lot line adjustments within an SA zone are listed in Chapter 17.137.090(C) MCC. These criteria are as follows: 1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be reduced below the applicable minimum parcel size. If all lots or parcels are smaller than th e minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. None of the existing parcels are larger than the minimum parcel size of 80-acres. Therefore this criterion does not apply. 2. If the minimum parcel size in subsection (A)(1) of this section is larger than 80 acres, and a lot or parcel subject to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or parcel shall not be reduced in size through property line adjustment to less than 80 acres. None of the existing parcels are larger than the minimum parcel size of 80-acres, nor is the minimum parcel size for the area larger than 80-acres. The criterion does not apply. 3. Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable for commercial agriculture as were the parcels prior to the adjustment. Neither of the two parcels are in use for agricultural operations. Tax lot 3900 is committed to an approved little league baseball facility with several baseball diamonds dominating the parcel. The reduction in size of this parcel will not have any impact on farming, as the portion of t he property proposed for adjustment could not be incorporated into a farming operation. Tax lot 100 would improve in its ability to be farmed because it will be gaining access to a public road, which it previously did not possess, even though it is not currently in farming production and would likely be a poor candidate due to its location, topography, and current dedication to its use as a woodlot. Therefore the criterion is met. 4. A property line adjustment may not be used to: a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; Subject tax lot 100, which is the property decreasing in size, is approved for the construction of a dwelling through case AR/FP23-032. Tax lot 3900, which is the property increasing in size, is not approved for a dwelling and does not have an existing dwelling on the property. As such, this proposal does not cause a parcel approved for a dwelling to decrease in size. Therefore, the criterion is met. b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger tha n the minimum tract size required to qualify the vacant tract for a dwelling;