PLA25-026 Staff Decision - Laserfiche WebLink

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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 parcels involved in the proposal are currently over 80-acres in size and are therefore not over the minimum parcel size for the zone or over the local minimum. Therefore the criteria above are met. 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 proposed property line adjustment does not involve any portion of property currently engaged in farm use. The portions of the properties involved in the property line adjustment are fringe pieces either dedicated to forested areas or have been in use as yards or parking areas. Therefore the property line adjustment will not change the suitability of the parcels for 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 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; Two of the three parcels involved in the proposal contain dwellings, and both of these parcels will increase in size as a result of the proposal. It is only the vacant parcel that will decrease in size. Therefore, 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 tha n the minimum tract size required to qualify the vacant tract for a dwelling; As stated previously, two of the three parcels involved in the proposal contain dwellings, and both of these parcels will increase in size as a result of the proposal. It is only the vacant parcel that will decrease in size. Therefore, the criterion is met. c. Allow an area of land used to qualify a tract for a dwelling based on an acreage standard to be used to qualify another tract for a dwelling if the land use approval would be based on an acreage standard; or None of the parcels involved in the proposal have been previously used to qualify for a dwelling. As such, no land that was previously used to qualify for a dwelling can be used to qualify a different parcel for a dwelling. The criterion is met. d. Adjust a property line that resulted from a subdivision or partition authorized by a Measure 49 waiver so that any lawfully established unit of land affected by the property line adjustment is larger than the size granted by the waiver. Of the parcels involved in the proposal, only tax lot 800 was the subject of a Measure 37 claim (M06-280). However, the property owners never obtained a Measure 49 waiver, meaning none of the subject parcels were created or involved in a Measure 49 partition or subdivision. The criterion is met. 5. Any property line adjustment that results in an existing dwelling being located on a different parcel shall not be subject to the standards in MCC 17.136.030(A) so long as the adjustment: a. Does not increase any adverse impacts on the continued practice of commercial agriculture on the resulting parcels; b. Does not increase the potential number of dwellings on the resulting parcels; and