STAFF DECISION (3771) - Laserfiche WebLink

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5. The applicants propose to adjust the property lines on a 25.56 acre parcel and a 10.0 acre parcel to create a 33.52 acre parcel and a 2.04 acre parcel. Although the amount of acreages remains the same, the applicants are actually adjusting seven separate lots of five acres each to create a 33.52 acre parcel and a 2.04 acre parcel. The proposal will transfer 23.52 acres from the 25.56 acre parcel (tax lot 100) to the 10 acre parcel (tax lot 700). 6. Information listed below may be a narrative summary of comments received from various agencies. Complete written comments are available in the file. Marion County Department of Public Works Land Development and Engineering Permits (LDEP) commented on requirements that are not part of the land use decision making process and are available for review in the planning file. Marion County Surveyor's Office stated: Property line adjustments within a recorded subdivision requires a replat and must comply with all provisions per ORS 92.185(6). Must be surveyed and platted per ORS 92.050 and the plat submitted for review. Checking fee, second mylar fee, and recording fee required. A current or updated title report must be submitted at time of review. Marion County Planning requires perimeter descriptions of the resultant properties. Marion County Tax Office indicated any potential tax liability, which may exist, would need to be paid prior to approval of the adjustment. All other contacted agencies either failed to respond, or stated no objection to the proposal at the time this report was written. 7. The criteria for reviewing property line adjustments within an EFU zone are listed in Chapter 17.136.090(C) of the Marion County Code (MCC). These criteria are as follows: (a) When one or more lots or parcels subject to a proposed property line adjustment are larger than the minimum parcel size pursuant to MCC 17.136.090(A)(1), 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 the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. (b) If the minimum parcel size in MCC 17.136.090(A)(1) 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. (c) 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. (d) A property line adjustment may not be used to: (1) 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; (2) 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 that the minimum tract size required to qualify the vacant tract for a dwelling; or