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Staff Decision (4569)
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Staff Decision (4569)
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Last modified
10/17/2024 2:58:14 PM
Creation date
10/30/2024 4:19:25 PM
Metadata
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Template:
Land Use
Case_Number
24-032
Document_Date
10/17/2024
Land Use Type
Property Line Adjustment
Tax_Lot_Number
062W360000600
Document_Type
Decision
Site_Address
8954 HAZELGREEN RD NE
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5. The applicants are proposing to adjust the property lines on a 94.42-acre parcel and a 38.37-acre parcel to create a <br />131.26-acre parcel and a 2.00-acre parcel. The intension is to transfer the farmable land on tax lot 600 to tax lot <br />100, so the owners can sell the homesite they do not need while retaining the fields for their farming operation. <br /> <br /> 6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> Requirements: <br /> <br />A. The parcel reconfiguration will leave the southernly expansion of TL 100 on the south side of Hazelgreen <br />Road without direct access. Unless there were to be an access easement granted over TL 600 or <br />permissive use for TL 100 at the existing driveway, then an Access Permit would be required to install a <br />new driveway approach on Hazelgreen Road or Howell Prairie Road property frontage. <br /> <br />Marion County Surveyor’s Office commented: <br /> <br />1) No survey required for properties greater than ten acres per ORS 92.060 (8). <br />2) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br />3) Survey checking fee required at the time of review. <br />4) Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS <br />92.190 (4). <br /> <br />Marion County Building commented: <br /> <br />“According to the proposed site plan with proposed property lines identified, if the property maintains the same <br />farm deferral according to Marion County Assessor, the state building code does not apply to the existing farm <br />building adjacent to the proposed south property line. If the property loses the farm deferral designation, then the <br />state building code will apply to the existing structure, and any new property line established less than 3 feet to <br />the existing structure may require the existing structure to be updated with fire resistive materials on the exterior <br />wall closest to the new established property line. Discussion with a building plans examiner is recommended.” <br /> <br />Marion County Septic commented: An existing system evaluation is required to verify that the septic <br />system meets a 10’ setback to all proposed property lines. <br /> <br />Marion County Assessor’s Office provided information regarding taxes on the subject properties. <br /> <br />All other contacted agencies either failed to comment or stated no objection to the proposal. <br /> <br />7. The criteria for reviewing lot line adjustments within an EFU zone are listed in Chapter 17.136.090(C) MCC. <br />These criteria are as follows: <br /> <br />1. When one or more lots or parcels subject to a proposed property line adjustment are larger than the <br />minimum parcel size pursuant to subsection (A)(1) of this section, the same number of lots or parcels shall <br />be as large or larger than the minimum parcel size after the adjustment. When all lots or parcels subject to <br />the 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 th e 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 />One lot involved in the proposal is larger than the minimum parcel size of 80-acres. The applicants proposal would <br />result in the parcel that is already larger than the minimum lot size gaining more land while the parcel that is
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