PLA25-015 Staff Decision - Laserfiche WebLink

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5. The applicants are proposing to adjust the property lines on two parcels of land that Staff has determined to be 3.34- acre parcel of land and 6.25-acre parcel of land to create a 2.6-acre parcel of land and a 6.99-acre parcel of land. The purpose of this adjustment is to provide more area for the existing homesite on tax lot 1200 to pasture the owner’s horses and to better care for the land. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2) Survey checking fee required at the time of review. 3) Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Land Development Engineering and Permits (LDEP): Commented that they are concerned that the lot being reduced not become landlocked and expressed preference that the reduced lot be a flag lot with access to Old Mehama RD SE. ENGINEERING ADVISORY A. Consider reconfiguring the smaller parcel with a 20-foot wide flag portion to Old Mehama Road or granting an access and utility easement over the larger parcel. Marion County Building commented: “No Building Inspection concerns. It is recommended new property lines be established at least 3 feet from existing residential structures for fire separation purposes.” 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 EFU zone are listed in Chapter 17.136.090(C) MCC. These criteria are as follows: 1. 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. Neither of the parcels involved in the proposal are larger than the minimum parcel size, nor will either parcel be brought above the minimum parcel size. The criterion does not apply. 2. 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. Neither of the parcels involved in the proposal are over the minimum parcel size to start, therefore the criterion does not apply. 3. 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. Of the two parcels involved in the proposal, one (tax lot 1200) currently has a dwelling, several accessory structures, a corral, and land that is currently utilized for agriculture purposes. The applicants are proposing to transfer approximately 0.74-acres of the underutilized land (tax lot 1300) to the residential property to provide additional space the occupants’ horses. The remainder of tax lot 1300 will become a flag lot with a connection to Old Mehama RD SE and remain part of the larger tract of land owned by the Kimsey family. The adjusted property line will