Staff Decision (445) - Laserfiche WebLink

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"Condition A — Show sufficient dedicated right-of-way (RIW) on the plat to provide the public R/W half -width of 30 feet along the subject property Hollywood Drive frontage for a City of Salem Collector street. R/W dedication requirements for subdivisions and partitions are in accordance with Marion County Code (MCC) 16.33.260. According to County GIS mapping and tax assessor maps, it appears that there is a 10 -foot deficiency in half -width. The R/W dedication shall be shown on the final plat as a 30 -foot half -width dedicated to the public for road purposes. The nexus for this requirement is to accommodate future frontage improvements and utilities. Condition B — Prior to Tentative Plat approval, remove the garage structure from the proposed 0.13 -acre parcel, since the structure will encroach into an expanded 30 foot wide public right-of-way half width. Condition C — Prior to Tentative Plat approval, either remove vinyl fencing from the proposed 1.3 -acre parcel Hollywood Drive frontage since it will encroach into an expanded 30 foot wide public right-of-way half width, or, record a Removal (Encroachment) Agreement with MCP Engineering. A Removal Agreement stipulates property owner responsibility to remove an object from within the right-of-way within 45 days of notification by the governing jurisdiction for such reasons as pending road maintenance, road improvements, redevelopment of the property, or a traffic safety issue, etc. If the object(s) is not removed within the stipulated timeframe, then the governing jurisdiction may remove the object and attempt to recoup the expenditure [MCC 16.27.21(c)]." Marion CounV Surveyor commented: "Parcels ten acres and less must be surveyed. Per ORS 92.050, plat must be submitted for review. Checking fee, second mylar fee, and recording fee required. A current or updated title report must be submitted at the time of review. Title reports shall be no less than 15 days old at the time of approval of the plat by the Surveyor's Office, which may require additional updated reports." Marion County Assessor's Office provided comments related to taxes on the subject property. Marion County Building Inspection indicates that building permits are required for any new construction and that fire department requirements will have to be met. In order to partition land in a UD (Urban Development) zone the standards and criteria in Chapter 16.15.300(B) of the Marion County Code (MCC) apply: (a) Existing lots with dwellings may be separated from the remaining property provided: (1) The location of lot lines shall not significantly reduce feasible options for the future location of urban roads or services, or preclude basic development options on the property or adjacent properties. If the applicable comprehensive plan designates the propertyfor single family residential uses a development plan may be required which demonstrates that the proposed division will not preclude future subdivisions achieving the median density proposed in the Comprehensive Plan. (2) Any additional street right-of-way required by adopted standards is dedicated along the lot's street frontage. (3) If the dwelling is within 300 feet of a sewer line capable of serving the dwelling, the dwelling shall be connected to the sewer. (4) Street and drainage improvements applicable to any street abutting the dwelling lot shall be required at the time the remnant parcel is developed through an improvement agreement. (b) The minimum lot size for partitioning and lot line adjustments shall be 6, 000 square feet for the dwelling lot. If the dwelling lot is proposed to be larger than 15, 000 square feet a redevelopment plan shall be required demonstrating that the proposed dwelling lot meets subsection (a) (1). The location of lot lines on the dwelling lot shall conform to the yard requirements of the RS zone.