PLA25-007 Staff Decision - Laserfiche WebLink

Home Browse Search

Marion County Survey commented: A re-plat (in the form of a partition plat) is required, due to the adjustment or elimination of a partition plat parcel line or subdivision lot line. Re-plat: (Re-configuration of lots or parcels and public easements within a recorded plat) 1) Must be surveyed and platted per ORS 92.050, and the plat submitted for review. 2) Checking fee and recording fees required. 3) A current or updated title report must be submitted at the time of review. 4) The portion of the subdivision or partition plat proposed for replatting contains utility easement(s) that will need to be addressed. Per ORS 92.185 (4), when a utility easement is proposed to be realigned, reduced in width or omitted by a replat, all affected utility companies or public agencies shall be notified, consistent with a governing body’s notice to owners of property contiguous to the proposed plat. Any utility company that desires to maintain an easement subject to vacation must notify the governing body in writing within 14 days of the mailing or other service of the notice. If it is necessary to re-configure the utility easement created by this partition plat (see map), then it will be the responsibility of the applicant to determine the names of all of the utility companies affected by the proposed re- configuration and give this list of names to the Marion County Surveyor’s Office. Letters of notice will be sent by this office to the affected utility companies, who will determine whether or not the easement is to be maintained. Marion County Assessor’s Office provided information regarding taxes on the subject properties. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing lot line adjustments within an SA zone are listed in Chapter 17.137.090(C) 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 subsection (A)(1) of this section, 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 The minimum parcel size listed in MCC 17.137.090(A)(1) for SA parcels is 80 acres. Both parcels are under this threshold, therefore, this section does not apply. B. If the minimum parcel size in subsection (A)(1) of this section 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. The minimum parcel size is not larger than 80 acres; both parcels are under the minimum parcel size. Therefore, this section does not apply. 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. The applicants state their intent is to make the lot line parallel to the driveway on the southern parcel. Of the two parcels, the northern property has the greater potential to be farmed due to the larger acreage and lack of development. This parcel will acquire undeveloped land, increasing the amount of potential farmland. If not adjusted, this land would not be as farmable due to the size and enclosure of the driveway. Consolidating the undeveloped land on the parcels makes them at least as suitable for commercial agriculture. The criterion is met. D. A property line adjustment may not be used to: