PLA25-025 Staff Decision - Laserfiche WebLink

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1. No survey required for properties greater than ten acres per ORS 92.060 (8). 2. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 3. Survey checking fee required at the time of review. 4. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Building Inspection commented: No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. Oregon Department of Transportation (ODOT) commented: It appears that this segment of highway [Highway 22] is completely access controlled. The existing access to OR22 for tax lot 700 is shown as being a 25 reservation of access to the highway but it is unclear if tax lot 800 has any right of access to the highway. [ODOT] will need to have our right-of-way unit perform additional research to determine if TL800 has any access rights to the highway. If TL800 does not have access rights to the highway, the applicant would need to apply for a Grant of Access, however, ODOT shall not approve a grant of access to an expressway under OAR 734-051-2020 and North Santiam Highway is an expressway. At this time, ODOT recommends postponing any decision until we have had an opportunity to research access rights of tax lot 800. Marion County Septic commented: The smaller lot will need a Septic Site Evaluation approval. 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 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. All the lots and parcels involved in this property line adjustment are below the minimum parcel size of 80 -acres. This 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. All lots and parcels involved are already below the minimum parcel size and below 80-acres. 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. The applicants are proposing to move their property lines to create a new homesite per Measure 37/49 decision M06-191. The proposed adjustment will place the future dwelling site to the north of tax lot 700 and keep the majority of the property open to future commercial agriculture. 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