P-PLA25-005 Staff Decision - Laserfiche WebLink

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installation of fencing directly on a dividing property line that could lead to future property owner misunderstanding over boundaries. The current proposed layout may also lead to disturbance of a property corner monument to be set at the southwest corner of the 5-acre parcel within the presumed gravel drive. Marion County Surveyor commented: Partition: 1. Per ORS 92.055 – Parcels over 10 acres can be unsurveyed. 2. Parcels ten acres and less must be surveyed. 3. Per ORS 92.050, plat must be submitted for review. 4. Checking fee and recording fees required. 5. A current or updated title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. Property Line Adjustment: 1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 3. Survey checking fee required at the time of review. 4. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Building Department commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: • 17.05-acre property – Requires a record review/inquiry – Note repair area as the repair area is now a road. • 5-acre property – Requires an Existing System Evaluation – Note repair area • 2.43-acre property – Requires and Existing System Evaluation – Note repair area. The Turner Fire Department provided comments about the requirements for fire apparatus access, fire protection, water supply, and related fire service features. All other contacted agencies either failed to comment or stated no objection to proposal. 6. There are no specific approval criteria for partitions in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres. The final arrangement of the parcels will result in a 17.05-acre, a 2.43-are and newly created 5-acre parcel. All new resultant parcels are consistent with this standard. Subsequently, the proposal meets the criteria for partitioning in the AR zone. 7. Chapter 17.128.050 MCC establishes special siting standards for dwellings near resource zones: (a) Any new dwelling in an AR zone shall be required to maintain a special setback from any parcel in the EFU, SA, FT, or TC zones when necessary to minimize potential conflicts with farm or forest uses. A 100- foot setback is the standard adjacent to farm use and 200 feet is the standard adjacent to forest uses. (b) The owner of a proposed dwelling to be located within 500 feet of the EFU, SA, FT, TC zones shall be required to concur in the filing of the Declaratory Statement prescribed in the respective resource zone. Although the proposed partition is appropriate, the County requires that a Declaratory Statement be recorded with the property deed for the newly created parcel because the newly created property is near a resource zone. This serves to notify the applicant and subsequent owners that there are farm or timber operations in the area. A special setback will not be assessed for the newly created parcel as Parrish Gap Road SE serves as a pre-existing buffer from the agricultural use.