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BOC DECISION (644)
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BOC DECISION (644)
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Last modified
6/21/2017 1:30:37 PM
Creation date
10/30/2024 3:54:23 PM
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Template:
Land Use
Case_Number
11-001
Document_Date
8/17/2011
Land Use Type
Zone Change
Tax_Lot_Number
072W07DC00401
Document_Type
Decision
Site_Address
4465 BLUEBERRY LN NE
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The subject parcel was created by 'partition and is not part of a <br />planned development. MCC 17.110.800 contains the rural zoning code <br />equivalent of the urban zoning code's.access standards. The subject <br />pxoperty was created in 1.999 under the urban zoning code rather <br />than the rural -zoning code. No MCC 17.110.800 variance was <br />involved. MCC 16.27.510(B)(2) does not apply. <br />The subject property was created by partition and not planned <br />development,. MCC.16.27:510(B)(3) does not apply. <br />MCC 16:27.510(B)(1) through (3) do not apply and are.connected to <br />MCC 16.27.51.0 (B) (4) by the word "and", suggesting that (4) would <br />also not apply because under this wording, (B)(4) would have to <br />relate back to (B) (1), (2) or (3) . So, if (B) (1), (2) or-- (3) do not <br />apply, then B(4) cannot apply. This effectively disallows any new <br />access, by roadway exceptin a planned development. Yet, <br />partitioning regulation MCC 16.33.680 allows creation of lots and <br />parcels, accessed solely :by roadways other than in planned <br />developments. The two provisions appear to be inconsistent, acid it <br />has not been the practice of Marion County to deny access by <br />roadway only in'planned developments in the urban area. <br />When looking at related provisions of law, decision makers attempt <br />to give effect to all provisions and.interpret them harmoniously. <br />To determine whether both provisions can be given 'effectr the <br />decision maker must determine the effect the governing body <br />intended the provisions to have. The text of the law provides the <br />best evidence of the intent behind -the enactment. In construing' the <br />text, its context is also considered. Forgers v. Quigley, 345 Or 432 <br />(2008) . <br />MCC 16.27.510 contains specific. limitations to private roadway <br />access unless otherwise.specifically provided. All modern lots and <br />parcels in Oregon are created by partition or subdivision but not <br />a.l-l-are planned developments. A quick review of Planning Division <br />records showed no urban planned developments in Marion,County since <br />1995 and likely none since urban zoning code enactment in 1990. <br />But, gases have..approved uses other than planned developments on <br />private roadways' within the UGB. One case, ZC 03-9, was a zone <br />change.approval that allowed two manufactured homes connected by a <br />common garage to be developed -as a duplex on property directly west <br />of the _subject property. That parcel was also created by partition <br />plat 99-99 and not a planped development and is accessed by <br />Blueberry Lane. The zone change.was approved by the Marion County` <br />Board of Commissioners (BOC) under the same access provisions <br />existing today. Determining the governing body':s intent in enacting <br />legislation is paramount in interpreting provisions of law, and BOC <br />approval of.access via.roadwa.y outside 16.27.510(B)(1) through (3) <br />situations shows BOC-intention.to avoid this severe -restriction. A <br />reasonable interpretation is viewing subsectidn (B)(4) as another <br />alternative to (B) (1)- through (3) . (B) (1) and (2) cover grandfather <br />preexisting access and (3) covers one type of development that is <br />
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