AR25-046 Staff Decision - Laserfiche WebLink

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5. The applicant is requesting a review to determine the number of legal lots based on the four tax accounts provided. 6. Various agencies were contacted and given an opportunity to comment. Marion County Septic commented: All properties less than 10-acres should have a site evaluation to establish septic feasibility. There is no Marion County Record of a septic system or site evaluation on any of the listed tax lots. Marion County Building Inspection commented: No Building Inspection concerns. If development of any lots is anticipated, permit(s) may be required to be obtained prior to the start of development, whether for structures and/or utilities installation. All contacted agencies either failed to comment or stated no objection/concern to the proposal. 7. The summary of the deed history is as follows: A. The oldest deed that Staff could find for these properties is described in an October 20, 1943, deed: Volume 291, Page 409. This deed is between W. R. Massey and Marie Massey (spouse). This deed transfers a one half interest in the lands described from W. R. Massey to his spouse, Marie Massey, with the exception of tax lot (TL) 300 and 400. The main portion described comprises TL 300, 400, 500, & 600 – approximately 5 acres including the portion of Quinaby Road along the northern edge. B. Further research found a deed (Reel 928, Page 479) from March 3, 1992, that describes a 40.20 parcel that includes the 5 acres described above as tax lots 300, 400, 500, and 600, and the two acres described by TL 700 and 800. This deed indicates that Nicoli W. Holoboff and Mary P. Holoboff were the owners of these tax lots at one time before TL 700 and 800 (2 acres) were sold to Frank J. Adams and Barbara Jeanne circa 1953. C. Tax lot 600 was sold by William R. and Marie Massey to Frank J. and Barbara J. Adams in or before 1978. D. Tax lot 500 was sold by William R. Massey to Frank J. and Barbara J. Adams in or before 1986 (Reel 441, Page 179). The only deed Staff found for TL 500 carries a warning from the County Clerk’s Office that this tax account may not be legal for land use purposes. E. In 1942 Alfred M. Anderson and Carrie Anderson transferred TL 300 to Clifford E. Robertson and Mabel Robertson. Then in or around 1943, Cliffor E. Robertson transferred TL 400 to Mabel Robertson. F. In discussion with the County Surveyor, these deeds do not necessarily “partition” the land. The definitive answer to that question might need to be addressed by the Marion County Legal Department. Further research is needed to determine what the land that W.R. Massey, Clifford E. Robertson, and Alfred M. Anderson originally purchased was. 8. Summary of the Findings by Tax Lot: A. Tax lot 700 and tax lot 800 can be considered as one legal parcel as of 1953 (Volume 452, Page 44) as a two acre parcel. This lot can be considered a separate legal lot since the description has remained the same since 1953 and predates the September 1, 1977, date that Marion County adopted modern zoning and land use code. This indicates that that TL 700 and TL 800 are one parcel and two tax accounts. In addition to the 1953 deed, a survey from 1953 (Survey 13653) shows the area of TL 700 and 800 as one parcel. This lot also contains a 1956 dwelling. Per 17.114.040 (B)(2): a. Notwithstanding subsection (A) of this section, an application to validate a unit of land may be approved if the county approved a land use permit, as defined in ORS 215.402, for the construction or placement of a dwelling or other building on the unit of land after the sale. If the permit was approved for a dwelling, the county must determine that the dwelling qualifies for replacement under the criteria set forth in MCC 17.136.030(D)(1) through (5). The presence of the dwelling dated to 1956 satisfies (a) above. Therefore, tax lot 700 (Tax Account 519872; Parcel 063W24D000700) is considered a legal parcel for land use purposes. Tax lot 800 is not a separate legal parcel of land, but is a tax account and part of the aforementioned parcel. B. Tax lot 600 is described by deed in 1978, Reel 144, Page 444. Tax lot 600 was part of a larger 5-acre parcel and was partially transferred to Mary Massey by W. R. Massey by deed in 1943 by deed Volume 291, Page 409 – along with TL 500. The current deeds describe TL 600 as one parcel and is 1.67 acres by perimeter