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STAFF DECISION (3764)
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STAFF DECISION (3764)
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Last modified
1/11/2012 9:33:28 AM
Creation date
10/30/2024 3:56:12 PM
Metadata
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Template:
Land Use
Case_Number
11-030
Document_Date
12/15/2011
Land Use Type
Property Line Adjustment
Tax_Lot_Number
103W01 00503
Document_Type
Decision
Site_Address
1100 CEMETERY HILL RD SE
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All other commenting agencies stated no objection to the proposal. <br /> <br />7. The criteria for reviewing lot line adjustments within an EFU zone are listed in Section 17.136.090(C) of the <br />Marion County Code (MCC). These criteria are as follows: <br /> <br />(a) When one or more lots or parcels subject to a proposed property line adjustment are larger than the <br />minimum parcel size pursuant to MCC 17.136.090(A)(1), the same number of lots or parcels shall be as <br />large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to the <br />proposed adjustment are as large or larger than the minimum parcel size, no lot or parcel shall be <br />reduced below the applicable minimum parcel size. If all lots or parcels are smaller than the minimum <br />parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not <br />apply to those lots or parcels. <br /> <br />(b) If the minimum parcel size in MCC 17.136.090(A)(1) is larger than 80 acres, and a lot or parcel subject <br />to property line adjustment is smaller than the minimum parcel size but larger than 80 acres, the lot or <br />parcel shall not be reduced in size through property line adjustment to less than 80 acres. <br /> <br />(c) Any property line adjustment shall result in a configuration of lots or parcels that are at least as suitable <br />for commercial agriculture as were the parcels prior to the adjustment. <br /> <br /> (d) A property line adjustment may not be used to: <br /> <br />1. Decrease the size of a lot or parcel that, before the relocation or elimination of the common <br />property line, is smaller than the minimum lot or parcel size for the applicable zone and contains <br />an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract <br />would be increased to a size as large as or larger than the minimum tract size required to qualify <br />the vacant tract for a dwelling; <br /> <br />2. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for <br />construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting <br />vacant tract would be increased to a size as large as or larger that the minimum tract size <br />required to qualify the vacant tract for a dwelling; or <br /> <br /> 3. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be <br />used to qualify another tract for a dwelling if the land use approval would be based on an <br />acreage standard. <br /> <br />8. According to MCC 17.136.090(A)(1) the minimum lot size for a parcel in an EFU zone is calculated as follows: <br /> <br />(a) All parcels wholly or in part within 500 feet of the subject parcel shall be identified. <br /> <br />(b) The average (mean) size of all parcels larger than 40 acres identified in paragraph (a) of this subsection shall <br />be determined. <br /> <br />(c) The acreage size calculated in paragraph (b) of this subsection, rounded to the nearest 10 acres, is the <br />minimum parcel size, unless such parcel size is less than 80 acres, in which case the minimum parcel size is <br />80 acres. <br /> <br />In this instance the average calculated parcel size is 187.72 acres (375.44 acres/2 parcels), therefore, the minimum <br />parcel size for this proposal is 180 acres under provisions of 8 above. <br /> <br />9. The largest parcel involved in this property line adjustment is 113.45 acres in size and the smallest parcel is 1.27 <br />acres. The adjustment results in a 112.6 acre parcel and a 2.16 acre parcel. The adjustment results in the same <br />number of parcels below the minimum parcel size as existed prior to the adjustment. Therefore, under the <br />proposal, the situation will remain unchanged, and the request meets the criteria in 7 (a) and (b). <br /> <br />10. As proposed, the small size of the adjustment, 0.89 acres, does not appear to impact the ability of the land to be <br />farmed. The larger piece would still be 112.6 acres and part of a commercial farm operation. The criterion in 7(c) <br /> <br />
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