P25-010 Staff Decision - Laserfiche WebLink

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(LLA98-045). The property has an 1875 dwelling and several accessory structures. The dwelling and parcel are considered legal for land use purposes. 3. Surrounding uses are a mix of large acreage residences in the AR zone. There are other areas zoned Exclusive Farm Use (EFU) but are separated from the subject parcel by other AR zoned areas and OR Hwy 214. 4. The applicants propose to divide an 8.50-acre parcel into two new parcels of 3.80-acres and 4.70-acres. The 1875 dwelling will be sited on the 3.8-acre parcel and the remaining 4.70-acre parcel will be the second parcel. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Survey Department commented: Partition: 1. Parcels must be surveyed and monumented 2. Per ORS 92.050, plat must be submitted for review 3. Checking fee and recording fees required 4. 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. Marion County Septic commented: The 4.7-acre parcel will require a site evaluation for septic approval to approve partition. Marion County Building commented: “No Building Inspection concerns. It is recommended the new property line be established at least 3 feet from existing residential structures and/or 10 feet from existing commercial structures (if applicable). Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Public Works Land Development and Engineering Permits (LDEP) commented: ENGINEERING ADVISORY A. ODOT has jurisdiction over Silver Falls Hwy (SR 214) with regard to driveway access and utility service extension work. Oregon Department of Transportation (ODOT) commented: “Silver Falls Highway (OR214) is under jurisdiction of Oregon Department of Transportation and the new proposed access for this partition will require a permit through District 3.” Marion County Tax Assessor’s Office provided comments about the tax status of the property and requirements to pay all potential tax liabilities before the final partition is recorded. All other contacted agencies either failed to comment or stated no objection to proposal. 6. Chapter 17.181 MCC establishes provisions for partitioning property in an SGO zone. In the SGO-5 zone, creating a parcel less than five acres in size requires the applicants to submit a “Hydrology Review” meeting the provisions listed in MCC 17.181. The applicants provided a review by EnviroLogic Resources, Inc; the review indicates that there is a sustainable long-term supply of ground water for the proposed development. However, the County requires a Declaratory Statement be recorded with the property deed. This notifies the applicant and subsequent owners that there may be long-term groundwater supply problems and that the County is not responsible for deepening or replacing wells. The County also requires submission of static water level measurements prior to recording the plat for all existing wells, and prior to building permits for all undeveloped parcels. The criteria are met.