PLA25-059 Staff Decision - Laserfiche WebLink

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3. Adjacent properties are also in the EFU zone and mostly all engaged in a form of commercial agriculture with homesites. The applicants and their family own almost all the adjacent land to the east and south. 4. Soil Survey for Marion County, Oregon, indicates approximately 100% 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 12.51-acre parcel and a 12.02-acre parcel to create a 3.85-acre parcel and a 20.67-acre parcel. This will result in all agricultural buildings, farm worker dwellings, and a majority of the farm land on the same property, while the primary residence will be situated on a smaller lot. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: “Condition of Approval: An existing system evaluation is required on proposed parcel A (3.85-acre parcel). Note: An existing system evaluation is required on proposed parcel A to verify the setbacks between the system and any proposed property lines can be met. Proposed Parcel B is OK.” Marion County Surveyor commented: a. A re-plat (in the form of a partition plat) is required, due to the adjustment or elimination of a partition plat parcel line or subdivision lot line. b. Must be platted per ORS 92.050/055, and the plat submitted for review. c. Per ORS 92.055 – Parcels over 10 acres can be unsurveyed. d. Checking fee and recording fees required. e. A current or updated title report must be submitted at the time of review. Marin County Building Inspection commented: “No Building Inspection concerns. It is recommended new property lines be established at least 3 feet from any existing residential structures and/or 10 feet from any existing commercial structures.” Marion County Assessor’s Office provided tax information on the subject properties. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. The criteria for reviewing lot 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. 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. 3. 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. Both parcels involved in this property line adjustment are below the minimum parcel size, so (1) and (2) do not apply. The suitability for commercial agricultural practices on these parcels are increasing, as the property line adjustment will consolidated the agricultural buildings and farm worker dwellings onto one parcel, along with a majority of the farmable, undeveloped land. The criterion for (3) is met. 4. A property line adjustment may not be used to: a. 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