PLA26-008 Staff Decision - Laserfiche WebLink

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3. Survey checking fee required at the time of review. 4. Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Septic commented: Note: There is no record of plumbing or septic located on Tax lot 1201 or Tax lot 1100. If a septic system is present on either lot, a 10ft minimum setback between the existing system and any proposed property lines must be met. Tax lot 1202 is OK. Marion County Tax 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 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. The minimum parcel size calculated from MCC 17.136.090(A)(1) is 80-acres. All of the subject parcels are smaller than this minimum parcel size, therefore the criterion in finding #7(a) does not apply. Neither parcel is smaller than the minimum parcel size but larger than 80-acres, so the criterion in finding #7(b) does not apply. 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. This property line adjustment will not configure the parcels in a manner that will affect the suitability for commercial agriculture of either parcel. Tax lot 1201 contains no farmed land and is mostly occupied by driveways, roads, and accessory structures. The area being transferred will allow tax lot 1202 to gain additional land to make the property line setbacks conform to modern standards. This will increase the property line setback for the dwelling from approximately 10 feet to approximately 80 feet on the northern side. In addition, this will give tax lot 1201 the appropriate modern property line setbacks for the pre-existing farm structure – increases from approximately 0 feet to 42 feet on the southern side. The criterion is me 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 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; b. 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 tha n the minimum tract size required to qualify the vacant tract for a dwelling; c. 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; or