PLA25-033 Staff Decision - Laserfiche WebLink

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Marion County Assessor’s Office provided information regarding outstanding and future taxes due 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. The two parcels that are subject to the proposed property line adjustment have one more than 80 acres in size and one under 80 acres in size. Therefore, the criteria listed in (1) above would apply. In this instance the parcel over 80 acres in size is being increased in size and the parcel under 80 acres is being reduced. The purpose of the adjustment is to adjust the property lines to reflect the current topography of the steep slopes of the canyon located on the existing 93.6 acre parcel. It should be noted that the existing 93.6 acre parcel is not in active farm use as tillable land and is used mainly for uses related to the stable and horse activities located on the parcel. In calculating the criteria listed in (A)(1) the adjoining parcels over 40 acres in size and within 500 feet of both of the subject parcel calculates to 96.56 acres. Taxlot Number Account Number Acres Owner Name 081W060000400 528117 43.99 MADER LAND LLC 081W050000500 528101 59.14 BEYER, EUGENE & BEYER, ANDREA 081W060001800 528099 80 MADER LAND LLC 081W060001500 528142 86.47 BEYER, EUGENE A & BEYER, ANDREA M 081W060001700 528098 116.18 JERRY D MILLER TR MILLER, JERRY D 071W310001100 528118 120 MEAGHER, NICOLE A ANDERSON, et. al. 081W060000300 528113 126.74 SPROUL FAMILY FOREST LLC. 071W320001300 528094 140 SMITH, BRYAN R Average: 96.56 This calculates to having a minimum lot size for existing parcels over 80 acres in size to be a minimum of 100 acres. In this instance the parcel (tax lot 1400) is over 80 acres at 93.6 acres and will be increased to 114.9 acres; this will comply with the calculation listed in (A) (1) above. The criterion is met. 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. The minimum lot size is larger than 80-acres at 100-acres; however, tax lot 1400 is being increased from the current 93.6 acres to 114.9 acres. The criterion does not apply. 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 criteria listed in (3) require the parcels to be at least as suitable for agriculture as they were prior to the adjustment. The existing 57.51 acres (tax lot 800) has some potential for agricultural use but do to the slopes the land is largely unfarmed except for the area south of Edmunson Drive. The majority of the farmable land north of Edmunson Road is occupied with the dwellings and a pond located on the adjusted parcel (tax lot 800). Tax lot 1400 is being increased in size potentially making it more suitable for agricultural use and in this case the use is for equine activity – a recognized farm use (MCC 17.110.223). The criterion is met. 4. A property line adjustment may not be used to: