P25-016 Staff Decision - Laserfiche WebLink

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C. Transportation System Development Charges (SDCs) & Parks fee will be assessed upon application for building permits for new dwellings. D. Utility extension work in the public right-of-way requires permits from PW Engineering. Marion County Surveyor’s Office commented: -Per ORS 92.055 – Parcels over 10 acres can be unsurveyed, if outside of an urban growth boundary. -Parcels ten acres and less must be surveyed and monumented. -Per ORS 92.050, plat must be submitted for review. -Checking fee and recording fees required. - A current or updated title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. Marion County Building commented: “No Building Inspection concerns with proposed partition. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: “Proposed parcel 1 requires a site evaluation prior to partition sign off. Proposed parcel 2 is OK.” Marion County Tax Assessor provided information about taxes on the subject parcels. All other agencies contacted stated no objections to the proposal or failed to respond. 6. Under provisions in ORS 195.300 to ORS 195.336 (Measure 49) the State of Oregon issued Final Order and Home Site Authorization E132803 for the subject property. Section III the order states: “Based on analysis above, the claimant qualifies for up to two home sites. However, the number of lots, parcels or dwellings that a claimant may establish pursuant to a home site authorization is reduced by the number of lots, parcels or dwellings currently in existence on the Measure 37 claim property and any contiguous property under the same ownership according to the methodology stated in Section 6(2)(b) and 6(3) of Measure 49. Based on the documentation provided by the claimant and Marion County, the Measure 37 claim property includes one lot or parcel and no dwellings. There is no contiguous property under the same ownership. Therefore, the two home site approvals the claimants qualify for under Section 6 of Measure 49 will allow the claimant to establish up one additional lot or parcel and up to two dwellings on the Measure 37 claim property. 7. The applicant proposes to implement the Measure 49 order by establishing one new additional parcel, with one dwelling on the new parcel, and one dwelling on the remnant parcel, all within the area of subject tax lot 800 of the Measure 37 claim. 8. Under provisions in order E134132, Section IV Home Site Authorization, the claimant qualifies for two homesite approvals subject to the following terms: 1. Each dwelling must be on a separate lot or parcel. and must be contained within the property on which the claimant is eligible for Measure 49 relief. The establishment of a land division or dwelling based on this home site authorization must comply with all applicable standards governing the siting or development of the land division or dwelling. However, those standards must not be applied in a manner that prohibits the establishment of the land division or dwelling, unless the standards are reasonably necessary to avoid or abate a nuisance, to protect public health or safety, or to carry our federal law. The subject tax lot 800 was approved for two dwellings and one additional parcel. The proposed partition will create the required parcel to allow each dwelling to be placed on a separate parcel. The criterion is met. 2. This home site authorization will not authorize the establishment of a land division or dwelling in violation of a land use regulation described in ORS 195.305(3) or in violation of any other law that is not a land use regulation as defined by ORS 195.300(14). There is no evidence that the proposed parcels and dwellings will violate a land use regulation or other regulation as described in ORS 195.305(3) and ORS 195.300(14). The criterion is met.