PLA26-026 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. Marion County Building commented: “Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. If the proposed home site is adjacent to ascending or descending slopes, depending on the grade of the slope, either the home would have to be sited away from this slope a 3:1 ratio or a site-specific geotechnical assessment may be required to account for potential slope failure. Discussion with a building plans examiner is suggested.” Marion County Septic commented: A new site and soils evaluation will be required for septic due to home relocation. Marion County Land Development, Engineering, and Permits (LDEP) commented: ENGINEERING ADVISORY A. Any potential improvement to the Hubbard Cutoff (SR 551) existing field access in support of future residential access would need to go through ODOT. 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 EFU zone are listed in Chapter 17.136.090(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. Both parcels are smaller than the minimum parcel size. The 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. Neither parcel is greater than the minimum parcel size. This 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. The proposal will lead to the expansion of the property lines of the developed parcel to locate the dwelling in a new location. The new dwelling location active farm use, however the applicants intend to farm the area of the current homesite, balancing out the farmed area. The farmland configuration is not changing. Ultimately, the proposal will locate the property lines in a way that is at least as suitable for commercial agriculture. 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; No parcel is being increased to a size that would qualify the tract for a dwelling. The larger parcel is reducing in size and the smaller parcel will be slightly increased. Both will remain under the minimum parcel size.