PLA25-035 Staff Decision - Laserfiche WebLink

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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. The proposed property line adjustment should not have any adverse impacts on the continued practice of commercial agriculture as the use of the land can remain in its current use. Whereas the agricultural land is consolidated on one parcel where the use can continue and the dwellings will be on the other reduced parcel where the use will remain consistent. No dwellings will be located on a different parcel, nor are any additional dwe llings on either parcel proposed. Neither parcel will be able to qualify for a dwelling based on an acreage standard. To specifically address the three dwellings on Tax lot 34, 100: the parcel has three legally established dwellings that include two 1956 dwellings, and a 1979 farm related secondary dwelling that was replaced in 1987 (land use case FD 87-002 ). In 1999 the property owners applied for an administrative review to replace a mobile home dwelling (AR99-042). At the time, planning staff noted in the decision that the applicants placed the mobile home on the property as the “third farm -related dwelling in conjunction with a dairy operation.” Staff also stated that the mobile home to be replaced was originally placed on the property in 1979 with a building permit for a farm-related dwelling and noted that: “When this mobile home was originally placed on the property, the previous owners were advised in a letter from Marion County Department of Building Inspection dated April 26, 1979, that this dwelling was approved as being farm-related and that should circumstances change further land use approval may be required.” This land use case (AR99-042) was approved with the conditions of approval that: “… the applicants shall sign and submit a "Mobile Home Removal Agreement" to the Planning Division specifying the mobile home will be removed when the occupants no longer perform a significant amount of work on the farm throughout the year.” Therefore, as a condition of approval the applicants shall acknowledge that if the parcels are sold and no longer under common ownership, one of the dwellings shall be removed or decommissioned from residential purposes if the occupants are no longer primarily engaged in farm or dairy work on the parcel (T3S; R2W; Section 34; Tax lot 100). The applicants provided the Planning Department with a letter confirming that they understood this condition. This letter is contained in the case file to be retained by the Planning Department. With these conditions of approval, the criteria are met. 8. 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. 9. The Marion County Surveyor commented that property line adjustment deed(s) shall be recorded with the Marion County’ Clerk’s office per ORS 91.190 (4). 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: September 24th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt 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.