PLA26-022 Staff Decision - Laserfiche WebLink

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-Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4).” Marion County Septic Department commented: “Conditions of Approval: An Existing System Evaluation is required for both parcels. Note: In addition to the existing system evaluation, the applicant must designate an area on the site plan that is physically large enough for a repair area, meeting all setbacks in OAR 340-071-0220 (Table 1).” Marion County Building Department commented: “Marion County Building Inspection recommends new property lines be established at least 3 feet from any existing residential structures. Permit(s) are required to be obtained prior to development of structure(s) and/or utilities installation on private property, if proposed.” 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 an SA zone are listed in Chapter 17.137.090(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. Neither of the subject parcels are larger than 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. Neither of the subject parcels are larger than 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. Neither of the subject parcels are in use for agricultural operations, nor are they well suited for commercial agriculture due to their sizes. The proposed property line adjustment is a transfer of land which will result in the same sized parcels in slightly different configurations. Therefore, the lots will be at least as suitable for commercial agriculture as they are currently. 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; 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;