AR25-046 Staff Decision - Laserfiche WebLink

Home Browse Search

description. TL 600 was transferred in 1978 by William R. and Marie Massey to Frank J. and Barbara J. Adams on October 27, by Reel 144, Page 444, as 1.67 acres. a. Applying Marion County Code section 7.114.040 Nonconforming lots of record: i. Notwithstanding MCC 17.110.680 and Chapter 17.172 MCC, any lot created by deed, plat or subdivision prior to September 1, 1977, is considered legally created for the purposes of applying the land use code. The intent of the original property owners was to create new independent parcels of land through property sales and transfers of ownership. These actions occurred in the early 1940’s and 1950’s when the property was described as a 40 acre or larger parcel. Over the years sections of the property were transferred and sold including a portion to the State of Oregon for road building . The pre-1943 transfer of land to W. R. Massey included the TL 500 and 600. At some point the Massey family transferred TL 600 away from TL 500 where the 1929 dwelling is located. The only deed Staff could find was dated October 27, 1978 (Reel 144, Page 444). The intention of the various landowners was to create smaller parcels and TL 600 appears to be the remanent of the series of sales and transfers that left the Massey family with the property and dwelling that is modern day tax lot 500; a lot which was ultimately transferred to the Barbara J. Adams family at an unknown date. Subsequently, the Adams recorded a deed for TL 500 in 1986 (Reel 441, Page 179, February 3, 1986). Staff was not able to located any additional deeds for TL 500 prior to this date. While not apart of this application, tax lot 500 can also be considered legally established as it contains a legally established dwelling. Based on this research, we can consider tax lot 600 legally established as that was the intent of the various deed transfers recorded during the 40’s and 50’s. The intent was always to make tax lot 600 its own lot. It was left as a remanent parcel until its description was recorded in 1978. Tax lot 600 (Tax Account 519862; Parcel 063W24D000600) is therefore considered a legal parcel for land use purposes. C. Tax lot 400 is described as a distinct parcel with its own deed and perimeter description in 1943 by deed Volume 342, Page 183 (October 20th, 1943) as 1.57 acres. This lot can be considered a separate legal lot since the description has remained the same since 1943 and predates the September 1, 1977, date that Marion County adopted modern zoning and land use code. This lot was split off from the original 5 acres. It was partly transferred along with TL 300 by deed - Volume 291, Page 409 on October 20th, 1943. TL 400 was transferred to Mable Robertson by C. E. Robertson by deed Volume 342, Page 183, on October 20, 1943. TL 400 is described as 1.67 acres in the 1980 deed and the 1993 deed, but the 1943 deed describes it as 1.57 as it currently is. This parcel also contains a 1929 dwelling. Thus applying 7.114.040: Nonconforming lots of record, this parcel can be considered a legal parcel of land for land use purposes. Tax lot 400 (Tax Account 519860; Parcel 063W24D000400) is therefore considered a legal parcel of land for land use purposes. 9. Based on the above findings, it has been determined that there are three legal parcels of land and four tax accounts. Tax lot 700/800 (Tax accounts 519872, 519861; Parcels 063W24D000700, 800). One parcel, two tax accounts of 1.94 acres. Tax lot 600 (Tax account 519862; Parcel 063W24D000600). One parcel of 1.67 acres. Tax lot 400 (Tax account 519860; Parcel 063W24D000400). One parcel of 1.57 acres. These parcels may be bought and sold separately from other parcels and are legal for land use purposes. Brandon Reich Date: December 10th, 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.