PLA25-011 Staff Decision (2) - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Rural Residential in the Marion County Comprehensive Plan and correspondingly zoned AR (Acreage Residential). The primary intent of the designation is to provide for rural residential development at a density sustainable with rural services. 2. The subject properties are located on the east side of Shady Wy SE, a private road easement, 0.15 miles north from the point where Shady Way enters onto Delaney Rd SE. Together, the properties make up a rectangular shape, with tax lot 3000 surrounding tax lot 2900 on three sides. Both parcels are on the western slope of a hill and the majority of both parcels are covered in trees. Tax lot 2900 is developed with a 1963 dwelling while tax lot 3000 is currently undeveloped. Tax lot 2900 has been in its current configuration since at least July 29th, 1963, when it was sold to Jerry and Donna Canning (Vol 575 Page 260). Tax lot 3000 was sold to Jerry and Donna Canning three years later on October 31st, 1966 (Vol 707 Page 551) as a separate parcel and the description of both parcels has remained the same since. Both tax lot 2900 and 3000 are separate legal parcels and both are legal for land use purposes. 3. Surrounding properties consist of a wide variety of uses. All immediately adjacent parcels are zoned AR and are either in use as acreage homesites or are vacant sloping hillsides covered in trees. Slightly further to the east is a large SA (Special Agriculture) zoned parcel in use as a commercial vineyard. Even further east (roughly 0.5 miles) is the Delaney Rd and I-5 interchange, which is zoned ID (Interchange District) and is undergoing development for new uses. Down the hill to the northeast is the main stem of Battle Creek and 0.25 miles further is a large P (Public) zoned parcel. 4. The applicants are proposing to eliminate the common property line between a 1.53-acre parcel and a 0.99-acre parcel to combine them into a single 2.52-acre parcel in an AR zone. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyors Office commented: 1) Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office per ORS 92.190 (4). Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property, if proposed.” All other contacted agencies either failed to comment or stated no objection to proposal. 6. No specific criteria exist for property line adjustments in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres, except when a numerical suffix has been applied. Therefore, in this AR zone, the minimum lot size is two acres. When a property line adjustment proposes to alter non-conforming parcels, the proposed configuration must not result in additional non-conformance. Both existing lots are below the minimum parcel size of 2.0-acres for the AR zone. The proposed property line adjustment would result in the coalescence of both parcels into a single parcel that is larger than the minimum parcel size. The proposal would result in a new configuration that is of greater conformance to the minimum parcel size. The criterion is met. 7. Under MCC 17.172.120(E) Property line adjustment deeds shall be recorded with the Marion County clerk’s office prior to submitting the property line adjustment survey if a survey is required. Deed recording reference numbers shall be noted on the required survey. 8. Based on the above findings, the request meets the applicable criteria and is, therefore, APPROVED. Brandon Reich Date: May 6th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038. Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.