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MJP76-031, which partitioned the eastern 18 acres of the 30 acre parcel described in Vol 724 Page 84. The remaining 10 to 12 acre parcel contained the subject parcel of this current partition. Then in 1980 the Alluis’s applied for case V/LLA80-011, which was for a lot line adjustment and concurrent variance to the minimum lot size to adjust the property lines between a 2 acre parcel and a 4 acre parcel. The 2- and 4-acre parcels, together with the subject parcel of this current application, constituted the rest of that 10–12-acre remainder parcel from MJP76-031. The approval of case V/LLA80-011 created the neighboring tax lot 400 (address 4356 Forest Ridge Rd NE) in its current configuration. The other parcel was then partitioned twice more through the approval of cases P83-011 and P03-006, creating the neighboring tax lots 200, 201, and 300 of section 6C. While specific deeds showing the actual creation of the subject property of this case were not found, based on the approvals of surrounding land use cases the subject property is determined to have been created as a remnant of other legally executed partitions and lot line adjustments. Therefore, the subject property was legally created and is considered legal for land use purposes. 3. Surrounding uses are primarily single-family residence parcels in the surrounding AR zoned lands, with some smaller scale farming operations in the FT (Farm/Timber) zoned parcels that are beyond the AR zoned areas. The main crops grown in the area are Christmas trees. Other features of note in the surrounding area are Silver Falls Dr (Hwy 214) 850 feet to the south, and the Silverton reservoir roughly 2000 feet to the southwest. 4. The applicant proposes partitioning a 4.85-acre parcel to create two parcels consisting of 2.85-acres and 2.0-acres. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyor’s Office requested the following be made conditions of approval: 1. Parcels ten acres and less must be surveyed. 2. Per ORS 92.050, plat must be submitted for review. 3. Checking fee and recording fees required. 4. A current or updated title report must be submitted at the time of review. Title reports shall be no more than 15 days old at the time of approval of the plat by the Surveyor’s Office, which may require additional updated reports. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Engineering Condition: Condition A - On the partition plat, dedicate a 30-foot right-of-way southwest corner radius to the public for roadway purposes [MCC 17.172.200]. Engineering Requirements: A. An Access Permit will be required at the time of application for building permits to construct a driveway approach off Stormy Drive [MCC 11.10]. B. Transportation System Development Charges (SDCs) & Parks fee will be assessed upon application for building permits for a new dwelling [ORD’s 00-10R & 98-40R, respectively]. C. A Utility Permit is required for undergrounding service extensions originating from within the public right-of-way [ORD 671]. Marion County Tax Assessor’s Office provided comments regarding the tax status of the parcel. Marion County Building commented: “No Building Inspection concerns. It is recommended the new property line be established at least 3 feet from existing residential structures and/or 10 feet from any commercial structures, as applicable.” Marion County Septic provided the following comments: Condition of Approval: The proposed 2.85-acre parcel will require an existing system evaluation, and the applicant must designate an area on the property physically large enough for a repair area, meeting all setbacks in OAR 340-071-0220 (Table 1). Additionally, the proposed 2.0-acre parcel will require a Site Evaluation.