PLA25-044 Staff Decision - Laserfiche WebLink

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tax lot 100 of Section 21B. It has been determined that, because the contract was notarized prior to September 1st, this sale created two legal separate parcels of land. Therefore, tax lot 100 of Section 21B is considered its own legal lot of record. Based on the descriptions in the deeds and visual representations in surveys, the western portion of tax lot 200 is not attached to the other parcels involved in this proposal and does not require inclusion. Since this parcel no longer needs to be included for the proposal to work, staff is recommending a modified application: Application of Janell Schafer for a property line adjustment to adjust the property lines on a 4.25-acre parcel and a 9.44-acre parcel to create a 13.6-acre parcel in an EFU (Exclusive Farm Use) zone located at 1739 Silver Falls Dr NE, Silverton (T7S; R1E; Section 21B, Tax lots 100 & 200). 3. Adjacent properties are all zoned EFU and vary in size. The surrounding larger parcels appear to be in active farm operation, and many are improved with homesites. 4. Soil Survey for Marion County, Oregon, indicates approximately 89.9% of the soils on the subject tax lots are classified as high value. 5. The applicants are proposing to adjust the property lines on a 60.31-acre parcel and a 9.44-acre parcel to create a 54-acre parcel and a 13.60-acre parcel. The applicants intend to reduce the size of the larger parcel and consolidate the land east of Silver Falls Dr. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: a. No survey required for properties greater than ten acres per ORS 92.060 (8). b. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property.” All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing property 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. All parcels involved in this property line adjustment are below the minimum parcel size of 80 -acres. This criterion does not apply. 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. All parcels involved are below the minimum parcel size of 80-acres. The criterion does not apply.