PLA25-042 Staff Decision - Laserfiche WebLink

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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 and indicated that there are unpaid taxes on the subject parcels. According to ORS 92.095, all delinquent taxes and interest as well as taxes, which have become a lien during the tax year, must be paid before a partition shall be recorded. 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 proposal involves one parcel larger than the 80-acre minimum parcel size for the EFU zone and one parcel smaller than the minimum parcel size. The applicants propose to transfer roughly 1.3-acres from the parcel larger than 80-acres to the smaller parcel. The large parcel will still be over 80-acres in size as a result of the proposal, meaning the end result is 1 parcel over the minimum size and 1below—the same as before. Therefore, criterion is met, but it shall be made a condition of approval that at least 1 parcel remain larger than 80-acres. 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 proposal involves one parcel larger than the 80-acre minimum parcel size for the EFU zone and one parcel smaller than the minimum parcel size. The local minimum parcel size based on the calculation identified under MCC17.136.090 (A), which only takes into account the average size of parcels over 40 acres. Only 2 other parcels met the requirements for the calculation, one of which was 302-acres in size, so the local minimum parcel size came out to 190-acres. The applicants propose to transfer roughly 1.3-acres from the parcel larger than 80- acres to the smaller parcel. The large parcel will still be over 80-acres in size as a result of the proposal. Therefore, criterion is met, but it shall be made a condition of approval that at least 1 parcel remain at least 80- acres in size. 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 proposal will transfer an area of 1.30-acres from the large farm parcel to the smaller, non-farming related dwelling parcel. The area encompasses an existing barn and small grass pasture ground (as referred to by the applicants). None of the area used as commercial farm fields is included in the proposed transfer of land and the transferred area is relegated to a corner of the large parcel and would not impair the ability of the field to be farmed normally. The configuration is as suitable for commercial agriculture as the existing conditions. Therefore, the criterion is met. 4. A property line adjustment may not be used to: a. Decrease the size of a lot or parcel that, before the relocation or elimination of the common property line, is smaller than the minimum lot or parcel size for the applicable zone and contains an existing dwelling or is approved for the construction of a dwelling, if the abutting vacant tract would be increased to a size as large as or larger than the minimum tract size required to qualify the vacant tract for a dwelling;