PLA26-027 Staff Decision - Laserfiche WebLink

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6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2. Survey checking fee required at the time of review. 3. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). The Marion County Tax Accessor provided information about tax liabilities and payments. Marion County Building Inspection commented: No Building Inspection concerns with removal of property lines in PLA26-027. 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 TC zone are listed in Chapter 17.138.80(B) MCC. These criteria are as follows: 1. Parcels larger than 80 acres may not be reduced to below 80 acres. No parcels involved are over 80 acres. The criterion does not apply. 2. Parcels smaller than 80 acres may be reduced or enlarged provided: a. If the tract does not include a dwelling and does not qualify for a dwelling under MCC 17.138.030(A) or (B), any reconfiguration after November 4, 1993, cannot in any way enable the lot or parcel to meet the criteria for a new dwelling under MCC 17.138.030(A) or (B). b. Except as provided in subsection (B)(2)(c) of this section, a lot or parcel that is reduced will be better suited for management as part of a commercial forest. c. A lot or parcel may be reduced to the minimum size necessary for the use if the lot or parcel: i. Was approved as a non-farm or non-forest parcel; or ii. Is occupied by an approved non-farm or non-forest dwelling; or iii. More than half of the parcel is occupied by a use in MCC 17.138.020 or 17.138.040 other than a dwelling or farm or forest use; or iv. The lot or parcel is occupied by a dwelling established before January 1, 1994. Both parcels have been used together as a homesite for an undetermined amount of time. The Marion County Planning Director affirmed that the parcels contained a dwelling in 2025 via an Administrative Review (AR25-050). This planning decision was to replace a dwelling that was destroyed in the 2020 Beachie Creek Fire. The parcel has not been used for commercial forest since at least 1973 when the previous dwelling was built. Since the parcels had a preexisting and approved dwelling, this property line adjustment meets criterion (2)(c)(iv). d. A property line adjustment may not be used to: i. 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; ii. 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