PLA25-055 Staff Decision - Laserfiche WebLink

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4. The applicants are proposing to adjust the property lines on a 0.90-acre parcel, a 6.63-acre parcel, a 2.44-acre parcel and a 3.25-acre parcel to consolidate them from 4 parcels to 3 and create a 6.42-acre parcel, a 3.12-acre parcel, and a 3.47-acre parcel. In the process of reviewing the application, it was found that tax lot 400 (the 3.25-acre tax lot) is comprised of 2 separate legal parcels and tax lot 100 (the 6.63-acre tax lot) is also comprised of 2 separate legal parcels. In both cases, a 1-acre lot of the same configuration as subject tax lot 300 was partitioned off by deed in the 1940’s and no consolidation of these separated lots occurred in the chain of title. Upon bringing this to the attention of the property owner, they decided to not include either of the two 1-acre parcels found by staff and leave them in their current configuration. Only the larger pieces of the tax lots will be included in a modified proposal. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office commented: 1. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2. Survey checking fee required at the time of review. 3. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Other comments specific to this Planning Action: “Multiple PLA’s can be filed on one map using as many sheets as necessary for the sequence of events to be understood.” Marion County Assessor’s Office provided information regarding taxes on the subject properties. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. The criteria for reviewing lot line adjustments within an TC zone are listed in Chapter 17.138.080(B) of the Marion County Code. These criteria are as follows: 1. Parcels larger than 80 acres may not be reduced to below 80 acres. None of the parcels involved in this application are larger than 80-acres and as such cannot be reduced below 80- acres by this proposal. Therefore the criterion is met. 2. Parcels smaller than 80 acres may be reduced or enlarged provided: a. If the tract does not include a dwelling and does not qualify for a dwelling under MCC 17.138.030(A) or (B), any reconfiguration after November 4, 1993, cannot in any way enable the lot or parcel to meet the criteria for a new dwelling under MCC 17.138.030(A) or (B). There are two parcels that currently do not contain a dwelling involved in this proposal that will not be consolidated into another parcel with a dwelling. These are the 2.35-acre southern portion of tax lot 400 and the 5.63-acre portion of tax lot 100. None of the parcels are eligible for lot-of-record dwelling qualification under MCC 17.138.030 (A), as they have been bought or sold multiple times since 1985 to different owners. The portion of tax lot 400 that does not have a dwelling has been bought and sold with the other parcel comprising tax lot 400 since at least January 1st, 2019, making it part of a tract that had a dwelling on that date and thereby disqualifying it from qualifying for a template dwelling under MCC 17.138.030 (B). The larger parcel comprising tax lot 100 was not part of a tract on January 1st, 2019 as it was purchased by the current owner after that date, and research into the ownership on that date found that the parcel was not part of a tract that had a dwelling, meaning there is a possibility of a templ ate test dwelling being qualified for. However, based on the criteria for a template test dwelling, there must be at least 11 parcels within a 160-acre square or rectangle centered on the subject tract, and based on running example template tests using just tax lot 100 found that there are only 9 parcels that are picked up by rearranging that square or rectangular shape. However, this does not account for the 2 parcels discovered in the research of this case, meaning the true number of parcels in the area is in fact 11, which is the amount of parcels required to meet the template test