PLA25-048 Staff Decision - Laserfiche WebLink

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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 the minimum parcel size before the property line adjustment, the minimum parcel size pursuant to this section does not apply to those lots or parcels. (b) If the minimum parcel size in MCC 17.136.090(A)(1) 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 minimum parcel size calculated from MCC 17.136.090(A)(1) is 130-acres. All of the subject parcels are smaller than this minimum parcel size, therefore the criterion in finding #7(a) does not apply. Tax lot 400 is smaller than the minimum parcel size but larger than 80-acres, and this lot is not proposed to be reduced to less than 80-acres. The criterion in finding #7(b) is met. (c) 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. This property line adjustment will configure the parcels in a manner that allows for better use of the farmable land. The property owner of tax lot 400, Ax Sar Ben Ranch LLC, farms the entirety of tax lot 400 and the farmable portion of tax lot 1101. Adjusting these property lines gives the farming operation more contiguous land to farm, as the developed, non-farmable land on tax lot 1101 is being made smaller. This adjustment allows for better access and more contiguous farm practices. The criterion is met. (d) A property line adjustment may not be used to: 1. 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; 2. Decrease the size of a lot or parcel that contains an existing dwelling or is approved for construction of a dwelling to a size smaller than the minimum lot or parcel size, if the abutting vacant tract would be increased to a size as large as or larger that the minimum tract size required to qualify the vacant tract for a dwelling; or 3. 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 will increase the size of tax lot 400 to greater than the minimum parcel size calculated in MCC 17.136.090(A)(1), but this increase in size will not qualify this lot for a dwelling. Tax lot 1101 is already developed with a homesite, and tax lot 400 is part of a contiguous tract that contains a dwelling; no parcel will be qualified for a dwelling based on an acreage standard, nor is the applicant proposing to qualify for a dwelling. The criterion is met. (e) Any property line adjustment that results in an existing dwelling being located on a different parcel shall not be subject to the standards in MCC 17.136.030(A) so long as the adjustment: 1. Does not increase the any adverse impacts on the continued practice of commercial agriculture on the resulting parcels; and 2. Does not increase the potential number of dwellings on the resulting parcels; and 3. 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. No dwellings will be located on different parcels, nor will the adjustment allow for additional dwellings or adversely impact the practice of commercial agriculture. The criterion is met.