PLA26-017 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 Assessor’s Office provided information regarding taxes on the subject properties. Marion County Building commented: “It is recommended any new property lines be established at least 3 feet from any existing residential use structure and at least 10 feet from any existing commercial use structure, if applicable.” 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. None of the subject lots or parcels are above the minimum parcel size of 80-acres. Therefore, this criterion does not apply. 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. Again, none of the subject lots or parcels are above the minimum parcel size of 80-acres. Therefore, this criterion 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. The proposal will lead to the expansion of the property lines of the parcel developed with the dwelling and one accessory building. The land being absorbed into the dwelling lot is not in active farm use. This will create a clear separation from the farmed property and the non-farming homesite property. Ultimately, the proposal will locate the property lines in a way that better reflects the existing land use pattern. The criterion 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 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; No parcel is being increased to a size that would qualify the tract for a dwelling. The larger parcel, tax lot 1300, is smaller than the minimum parcel size, and will remain smaller after the property line adjustment. Tax lot 1300 already has a dwelling on it and tax lot 200 has never been approved for a dwelling. Furthermore, the applicants are not proposing any development. Therefore, the criterion is met. 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