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9. In this instance the average calculated parcel size is 70.0125 acres (280.05 acres/4 parcels), therefore, the minimum parcel size for this proposal is 80 acres under provisions of 136.090(a)(1). 10. The largest parcel involved in this property line adjustment is 102.70 acres in size and the other parcel is 1.8 acres. The adjustment results in a 101.02 acre parcel and a 3.48 acre parcel. The same number of parcels is above and below the minimum parcel size as existed prior to the adjustment. Under the proposal, this situation will remain unchanged, and the proposal meets the criteria in 8 (a) and (b). 11. As proposed, the applicant is adjusting the property lines to reflect existing farming practices on existing parcels. The reconfiguration will not result in the removal of any land from agriculture production. The proposal rearranges two existing dwelling sites from one adjacent parcel to another in order to more effectively manage both parcels for farm use. Therefore, the applicant’s proposal will comply with the criteria listed in 8 (c). 12. Both of the subject parcels contain a dwelling, and an additional dwelling is not under construction. There is no indication that the applicant is reconfiguring the parcels to qualify for a dwelling at a later date. The parcel sizes would not increase or decrease in size to an extent that would change the potential to qualify for a dwelling, and both parcels remain large enough to function as a legitimate commercial agriculture operation or a small farm parcel. The proposal can meet 8 (d) above. 13. Section 110.680 of the Marion County Rural Zoning Ordinance states the following: “No permit for the use of land or structures or for the alteration or construction of any structure shall be issued and no land use approval shall be granted if the land for which the permit or approval is sought is being used in violation of any condition of approval of any land use action, is in violation of local, state or federal law, or is being used or has been divided in violation of the provisions of this ordinance unless issuance of the permit would correct the violation.” In this particular case, approval of the applicant’s property line adjustment combines the two illegal parcels into their original configuration and corrects the violation. 14. The resulting lots shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval of the Planning Director. Based on the above discussion, the applicant’s proposal meets the criteria for a property line adjustment APPROVED. in an EFU zone and is, therefore, Sterling Anderson Date: July 17, 2009 Director-Planning Division If you have any questions please contact David Epling at (503) 588-5038.