PLA26-001 Staff Decision - Laserfiche WebLink

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o Upon 90-degree rotation of the north line of street address #25225, #25255 will no longer have frontage on Santiam Park Road at the intersection of the shared driveway approach. Effectively then, the relative Servient and Dominant parcel relationship for the N-S oriented easement will be reversed that is expected to render the existing easement obsolete. o The physical location of the E-W segment of the existing gravel driveway serving #25255 appears to lie outside its intended easement over #25225, and this has also been portrayed on recent Building application site plans for both parcels. It is appropriate to designate an easement that encapsulates the actual drive. Marion County Building Department commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Depending on the proposed location of a single family dwelling or other permitted structure adjacent to a descending or ascending slope, a geotechnical analysis of the soils and slope may be required during building permit review according to ORSC R403.1.9. Discussion with a building plans examiner is recommended prior to obtaining this geotechnical analysis.” Marion County Septic commented: Conditions of Approval: An existing system evaluation is required on the property getting smaller (25255 Santiam Park). Notes: An Existing system evaluation is required on the property getting smaller. The ends of drainlines and proposed property lines must be flagged during the existing system inspection so our office can verify that setbacks from the system to proposed property lines can be met/maintained. A repair area was established on 25255 Santiam Park for this partition under permit 555-25-009893-EVAl. 25225 Santiam Park is OK. 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. 7. The criteria for reviewing lot line adjustments within a TC zone are listed in chapter 17.138.080(B) of the MCC. These criteria are as follows: 1. Parcels larger than 80 acres may not be reduced to below 80 acres. No parcels are over 80 acres. This criterion does not apply. 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). b. Except as provided in subsection (B)(2)(c) of this section, a lot or parcel that is reduced will be better suited for management as part of a commercial forest. c. A lot or parcel may be reduced to the minimum size necessary for the use if the lot or parcel: i. Was approved as a non-farm or non-forest parcel; or ii. Is occupied by an approved non-farm or non-forest dwelling; or iii. More than half of the parcel is occupied by a use in MCC 17.138.020 or 17.138.040 other than a dwelling or farm or forest use; or iv. The lot or parcel is occupied by a dwelling established before January 1, 1994. One of the subject parcels contains a dwelling and the other has been approved for a replacement dwelling, neither of which were approvals for non-farm dwellings. Both parcels are smaller than 80-acres. Both parcels contained pre-existing dwellings that were destroyed in the 2020 Beachie Creek Fires. The dwelling on tax lot 400 was rebuilt in 2022 and tax lot 300 received approval for