PLA25-027 Staff Decision - Laserfiche WebLink

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Research into the deed history of these parcels found that 2 of the parcels (1100 & 1200) described in this condition were combined by deed prior to the issuance of a certificate of occupancy for the new dwelling (Reel 1649 Page 97). However, the other two tax lots (100 & 400), were not included in this singular perimeter description. That said, both tax lots 100 & 400 were already described as a single parcel in their deed descriptions at the time of that land use case, and this description is the same on the current deeds. The replacement dwelling was approved, and the condition of approval was marked as being met by a staff member on November 17, 1999. It is unclear if the staff found the combining of tax lots 1100 & 1200 sufficient to meet the condition of approval, but staff is taking this written mark of completion to mean that the condition of approval is met, and no further combinations of parcels is required. However, this still does leave the fact that tax lots 100 and 400 are described as one legal parcel, and have been in this configuration since at least January 27, 1958, when they were described in a singular perimeter in a sale deed (Vol 509 Page 148). As such, it is necessary to modify the proposal to include tax lot 400. Staff is recommending a modified application: Application of Lewis Todd and Lee Asher for a property line adjustment to adjust the property lines on a 5.66-acre parcel of AR (Acreage Residential), and a 173.53-acre parcel of EFU (Exclusive Farm Use) to create a 6.14-acre AR parcel and a 173.05-acre EFU parcel in an AR/EFU zone located at 10195 Sunnyside Rd SE, Salem (T9S; R3W; Section 10A, Tax lot 100 & 300; Section 02, Tax lot 400). 3. Adjacent properties include a mixture of different uses and zones. Directly to the south and west is a large area of AR zoned parcels in use as small acreage residences not involved in farm uses. 500 feet south along I-5 are some I (Industrial) zoned parcels with various industrial uses. To the north are a number of larger EFU zoned parcels in use as commercial agriculture fields. East of the subject parcels, on both sides of the I-5 right-of-way, are P (Public) zoned parcels. The eastern P parcel is in use as an aggregate site and the western parcel is owned by Marion County. Finally, the rest of the parcels east of I-5 are zoned SA (Special Agriculture) and are dedicated to a mixture of vineyards, wineries, and naturally forested areas. 4. The applicants are proposing to adjust the property lines on a 5.66-acre AR zoned parcel and a 173.53-acre parcel to create a 6.14-acre EFU/AR split-zoned parcel and a 173.05-acre EFU parcel. This property line adjustment is to align the legal property lines with a fence that was incorrectly sited, so as to better reflect the accepted historically used boundaries. 5. 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 deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Assessor’s Office provided information regarding taxes on the subject properties. Turner Fire District commented: 1. Mr. Asher’s property is within the protection boundaries of TFD. 2. Mr. Todd’s property is not within the protection boundaries of TFD. In fact, his property does not indicate as having fire protection provided by any jurisdiction. Therefore, TFD has no response to provide Marion County Planning regarding this proposal. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. Since this proposal involves parcels with different zones, there are two different criteria sections that must be met in order to approve the proposal. 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: