PLA25-016 Staff Decision - Laserfiche WebLink

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Marion County Assessor’s Office provided information regarding taxes on the subject properties. Marion County Building Department commented: “No Building Inspection concerns with property line adjustment. Prior to construction of a lean-to onto an existing shop building, a permit may be required to be obtained. Discussion with a county building plans examiner to determine permitting needs is recommended prior to beginning of construction.” 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 th e 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 two subject parcels are above the minimum parcel size of 80-acres for the EFU zone and the none of the resultant parcels would be brought over 80-acres by this proposal. 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. None of the subject parcels are over 80-acres in size nor will be made over 80-acres but less than the minimum parcel size for the area. This 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. The 1-acre portion of the subject 18.50-acre parcel being transferred by this proposal is developed with a large barn accessory structure and is separated from the portion of the property being used as a commercial farm field by the driveway accessing the dwelling site at 4372 Brush Creek Dr NE (the dwelling located on tax lot 1500). While the open space around the structure could be utilized as part of a farming operation, it would not be realistic to say it can be easily incorporated with the rest of the fields on the 18.50-acre parcel. Practically speaking, it would be used on its own for implement storage or new farm buildings based on the location and existing infrastructure on the parcels. As such, the transfer would not impact the overall potential to farm the parcels and leave them in a state where they are just as suitable for commercial agriculture as before. Therefore, the criterion is met. 4. A property line adjustment may not be used to: a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling; Both subject parcels currently contain a dwelling, so there are no vacant parcels that could be qualified for a dwelling via this proposal. The criterion is met. b. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;