PLA25-027 Staff Decision - Laserfiche WebLink

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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. None of the subject properties were part of a Measure 49 claim. 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 c. Does not 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. No dwellings are proposed to change parcels as a result of this proposal. Therefore this criteria does not apply. 7. No specific criteria exist for property line adjustments in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres, except when a numerical suffix has been applied. Therefore, in this AR zone, the minimum lot size is two acres. When a property line adjustment proposes to alter non-conforming parcels, the proposed configuration must not result in additional non-conformance. The AR parcel involved in this proposal is above the minimum 2.0-acre parcel size for the AR zone. The proposal would not see any land removed from the AR parcel and instead it would be gaining EFU zoned property. This means there is no resulting increase in non-conformance. The criterion is met. 8. The proposal, as necessarily modified by staff, meets all the required criteria for property line adjustments in both the AR and EFU zones, and is therefore approvable in the modified configuration. However, one issue that must be addressed is the creation of a new, split-zoned parcel. Marion County Planning has historically allowed parcels that are split zoned to be partitioned along zoning boundaries as long as the proposal does not violate any other requirements of the code. By creation of this new split-zoned EFU/AR parcel, it does invite the potential for new property owners in the future to petition to partition the property along the zoning boundary and create an additional parcel. This is not consistent with the intent of the code. To prevent this occurrence, a condition of approval shall be made prohibiting any partitions of the new split-zoned parcel along the new zoning boundary. 9. Under MCC 17.172.120(E) Property line adjustment deeds shall be recorded with the Marion County clerk’s office prior to submitting the property line adjustment survey, if a survey is required. Deed recording reference numbers shall be noted on the required survey. 10. The resulting lots shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval of the Planning Director. 11. Based on the above findings, the applicants’ proposal meets the criteria for a property line adjustment in an EFU zone. The property line adjustment request is, therefore, APPROVED. Brandon Reich Date: August 18th, 2025 Planning Director If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.