PLA25-026 Staff Decision - Laserfiche WebLink

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first inclusion of the word “Also” before the description of the parcel sold by quit-claim in 1921. This description has remained the same through all subsequent deeds. Since the properties were not described as a single parcel prior to the adoption of partition and subdivision ordinances in 1977, and the inclusion of the conjunction “also” does not vacate property lines or combine parcels, it is the determination of staff that the deed description describes 2 distinct parcels—one parcel of roughly 1.75-acres and the other being the remainder—and that they are both legal for land use purposes. Based on the descriptions in the deeds and visual representations in surveys, the 1.75-acre lot is not adjacent to the other parcels involved in this proposal and does not require inclusion. Since this parcel no longer needs to be included for the proposal to work, staff is recommending a modified application: Application of W N Johnson Properties LLC, Travis Towery, and the Kathleen L. Towery Trust for a property line adjustment to adjust the property lines on a 1.89-acre parcel, a 11.60-acre parcel, and a 4.64- acre parcel to create an 2.01-acre parcel, a 11.95-acre parcel, and a 4.26-acre parcel in the EFU (Exclusive Farm Use) zone located at 8758 Stayton Rd SE, 12863 Brick Rd SE, and 8910 Santiam Loop SE, Turner (T9S; R2W; Section 25, Tax lot 1000 & Section 24C, Tax lots 800 & 600). 3. Adjacent properties include a mix of smaller EFU zoned parcels on the opposite side of Brick Rd and Santiam Lp SE from the subject parcels in use as rural residences (albeit many of which are in significant disrepair and appear to be unoccupied) and commercial farming operations in all other directions. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on 3 parcels of land that staff has determined to be 1.98- acres, 4.64-acres, and 11.60-acres to create a 2.01-acre parcel, 4.26-acre parcel, and an 11.95-acre parcel. The adjustment is intended to realign the property lines to better reflect the existing land use pattern. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 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 commented: “Based on the application information and site plans provided, Marion County Building Inspection has no concerns with proposed adjustments. New property lines are recommended to be established at least 3 feet from all residential structures and at least 10 feet from all commercial structures.” 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.