PLA26-023 Staff Decision - Laserfiche WebLink

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Marion County Surveyor’s Office requested the following be made conditions of approval: 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 Tax Assessor’s Office provided comments regarding the tax status of the subject properties. 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. None of the subject parcels involved in the proposal are currently over 80 -acres and all parcels are being consolidated into a single parcel. The resultant single parcel will also not be large enough to exceed 80 -acres and will be below the minimum parcel size for the zone. 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 subject parcels involved in the proposal are currently over 80-acres and all parcels are being consolidated into a single parcel. The resultant single parcel will also not be large enough to exceed 80-acres and will be below the minimum parcel size for the zone. 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 proposed configuration eliminates property lines and results in one larger parcel instead of 3 smaller parcels. This configuration makes the area easier and more appealing for commercial agriculture because it provides a larger contiguous area for farming instead of having 3 smaller parcels that could be sold off independently. 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; The proposed property line adjustment will not result in any parcels becoming smaller. It is a consolidation and makes a single, larger parcel. Further, one of the parcels involved currently has a legal dwelling. This will therefore not result in a configuration that qualifies a vacant parcel for a dwelling. 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;