LAND MANAGEMENT DIVISION Date Received: LAND USE APPLICATION - ADMINISTRATIVE Property Line Adjustment Review (Ministerial No Notice) PUBLIC WORKS DEPARTMENT 3050 N. DELTA HWY, EUGENE OR 97408 Planning: 682-3577 For Office Use Only : FILE # FEE: Applicant / Agent (print name): Mailing address: Phone: Email: Applicant Signature: Date: I, the undersigned owners representative, certify that the statements and information contained in this application are true and correct to the best of my knowledge; and that the requested realignment would not violate any deed restrictions attached to the subject properties. Agent Signature: Date: Property Owner 1 (print name): Location: - - - - Physical Address: Township Range Section ¼ Section Taxlot Acreage Before: Acreage After: Zoning: Mailing address: Phone: Email: Property Owner 2 (print name): Location: - - - - Physical Address: Township Range Section ¼ Section Taxlot Acreage Before: Acreage After: Zoning: Mailing address: Phone: Email: We, the undersigned legal owners or contract purchasers of the subject property, certify that the statements and information contained in this application are true and correct to the best of our knowledge; and that the requested realignment would not violate any deed restrictions attached to the subject properties. If the owner(s) is (are) to sign below, please have them sign the Owner Authorization Form which designates the agent listed above as the representative. Property Owner 1 Signature: Date: Property Owner 2 Signature: Date: PROPOSAL: Approval of a Ministerial Property Line Adjustment, pursuant to Lane Code 13.450(4). Version 5/2017
REQUIRED SUBMITTALS: THIS APPLICATION FORM SITE PLAN: Two site plans must be included. Please see the How to Draw a Site Plan handout for minimum site plan requirements. Also include: One site plan shall show existing property lines with acreages. The second site plan shall show the proposed locations of the property lines with acreages after the property line adjustment. Both site plans shall comply with the following: Label Property 1 or Property 2 in relation to page one of this application. Show the location of any buildings, easements (utility or access), access, septic tank drainfield locations and well locations for all properties affected by the property line adjustment. Each site plan shall be on a sheet of paper no larger than 11 x 17 in size and drawn to an engineer s scale. LEGAL LOT VERIFICATIONS - REQUIRED Legal Lot Verifications: or Subdivision Lot/Partition Parcel: PROOF OF OWNERSHIP Submit copies of deed(s) covering the subject properties showing current ownership of all properties involved in the property line adjustment application (Example: a preliminary title report and related deeds). ADJOINING OWNERSHIP List all contiguous property under the same ownership adjacent to the subject properties. List the map and tax lot(s). EASEMENTS & ACCESS: Provide a copy of the easement granting access to any proposed property that does not have frontage on a public road. APPROVAL CRITERIA for a ministerial Property Line Adjustment Does the property line adjustment create an additional unit of land? yes no Lane Code 13.450(4): Does this adjustment move more than 1 common property line? (If Yes, speak yes no to a Planner to determine if this is the correct application for your project) Choose one of the following: (a) Both properties involved are zoned F-1 and are not encumbered by a nonrevocable deed restriction required for certain forest dwellings pursuant to ORS 215.740 and OAR 660 Division 06; OR Property Line Adjustment Review (Ministerial) Page 2 of 8
(b) Both Parcels involved comply with the minimum parcel size of their zoning before and after the property line adjustment and both parcels involved are vacant (undeveloped, no structures or improvements); OR (c) Surveyor Certification. (When a structure is on at least one of the parcels) An Oregon licensed surveyor has certified that any property reduced in size by the adjustment is not reduced below the minimum lot or parcel size for the applicable zone. where the setbacks from existing structures and improvements do not become nonconforming or more nonconforming with the setback requirements. Provide findings addressing how the proposed property line complies with the base zoning setbacks (see pages 3-7 for siting standards) OAR 660-033-0100 (8) The county governing body or its designate may not approve a land division or property line adjustment of a lot or parcel that separates a temporary hardship dwelling, relative farm help dwelling, home occupation or processing facility from the parcel on which the primary residential or other primary use exists. How does the proposed property line adjustment comply with OAR 660-033-0100? Please explain: NOTE: If either of the properties involved in the property line adjustment are zoned F1, F2, or EFU and if the proposed property line results in a setback from a structure* to be within 500 feet of land zoned F1 or within 100 feet of land zoned F2 or EFU, then a Director Review application is required pursuant to LC 14.100, in order for the applicant to address discretionary siting standards and setbacks that apply to the subject properties. *The term structure here does not include structures exempt from LC 16.212(10)(a). ADDRESS THE SITING CRITERIA SECTION BELOW AS IT RELATES TO YOUR REQUEST AND ZONING CLASSIFICATION(s) OF THE SUBJECT PARCELS: SITING CRITERIA for Rural Residential (RR) Zoned Parcels Lane Code 16.290(7) Property Development Standards. All uses or development permitted by LC 16.290(2) through (4) above, except as may be provided therein, shall comply with the following development standards: (a) Property Line Setbacks. Structures other than a fence or sign shall be located: (i) At least 20 feet from the right-of-way of a State road, County road or a local access public road specified in LC Chapter 15; (ii) At least 10 feet from all other property lines; and (ii) Notwithstanding LC 16.290(7)(a)(ii) above, a structure that contains less than 120 square feet of floor area and that is located more than 10 feet from other structures may be located Property Line Adjustment Review (Ministerial) Page 3of 8
in the 10 foot setback otherwise required by LC 16.290(7)(a)(ii) above provided it complies with LC 16.290(7)(d) below. Does the proposed property line comply with these minimum setbacks from structures? If no, describe why: (b) The setback for property lines other than front-yard shall be five feet, except as provided below, for any lot or parcel containing less than 1 acre and created prior to March 30, 1984. Are you proposing setbacks of less than 10 feet? Yes No If yes, provide evidence that the parcel is less than 1 acre and was created prior to March 30, 2984. (c) For mobile homes to be located in lawfully existing mobile home parks, the setbacks from a projected or existing right-of-way of a County or local-access public road shall be the same as required above, and lesser setbacks from all other mobile home lot lines are permitted if in compliance with Oregon Administrative Rules, Chapter 814, Division 28 -- Department of Commerce, effective on April l, 1986. This only applies to mobile homes within mobile home parks. (d) Riparian Setback Area. Except for property located between the Eugene-Springfield Metropolitan Area General Plan Boundary and the Eugene and Springfield Urban Growth Boundaries, where setbacks are provided for in LC 16.253(6), the riparian setback area shall be the area between a line 50 feet above and parallel to the ordinary high water of a Class I stream designated for riparian vegetation protection in the Rural Comprehensive Plan. No structure other than a fence shall be located closer than 50 feet from the ordinary high water of a Class I stream designated for riparian vegetation protection by the Rural Comprehensive Plan. A modification to the riparian setback standard for a structure may be allowed provided the requirements of LC 16.253(3) or LC 16.253(6), as applicable, are met. These standards are for a setback between structures and a Class 1 Stream. The location of a property line does not come into play for this siting standard. SITING CRITERIA for Impacted or Non-Impacted Forest Lands (F-1 or F-2) Zoned Parcels Lane Code 16.211(8) Siting Standards for Dwellings, Structures and Other Uses. These standards are designed to make the proposed dwelling compatible with forest operations and agriculture, to minimize wildfire hazards and risks and to conserve values found on forest lands. The standards in LC 16.211(8)(a)-(b) below shall be weighed together with the requirements in LC 16.211(8)(c) and (e) below to identify the building site. (a) Setbacks. Residences, dwellings or manufactured dwellings and structures shall be sited as follows: Property Line Adjustment Review (Ministerial) Page 4of 8
(i) Near dwellings or manufactured dwellings on other tracts, near existing roads, on the most level part of the tract, on the least suitable portion of the tract for forest use and at least 30 feet away from any ravine, ridge or slope greater than 40 percent; (ii) With minimal intrusion into forest areas undeveloped by non-forest uses; and (iii) Where possible, when considering LC 16.211(8)(a)(i) and (ii) above and the dimensions and topography of the tract, at least 500 feet from the adjoining lines of property zoned F-1 and 100 feet from the adjoining lines of property zoned F-2 or EFU; and Are the structures within 500 feet of adjoining property zoned F-1? Yes No If yes, you need to apply for the Director Approval Property Line Adjustment application. Is the dwelling within 100 feet of adjoining property zoned F-2 or EFU? Yes No If yes, you need to apply for the Director Approval Property Line Adjustment application. (iv) Except for property located between the Eugene-Springfield Metropolitan Area General Plan Boundary and the Eugene and Springfield Urban Growth Boundaries, where setbacks are provided for in LC 16.253(6), the riparian setback area shall be the area between a line 100 feet above and parallel to the ordinary high water of a Class I stream designated for riparian vegetation protection in the Rural Comprehensive Plan. No structure other than a fence shall be located closer than 100 feet from ordinary high water of a Class I stream designated for riparian vegetation protection by the Rural Comprehensive Plan. A modification to the riparian setback standard for a structure may be allowed provided the requirements of LC 16.253(3) or LC 16.253(6), as applicable, are met; and This standard is for a setback between structures and a Class 1 Stream. The location of a property line does not come into play for this siting standard. (v) Structures other than a fence or sign shall not be located closer than: (aa) 20 feet from the right-of-way of a state road, County road or a local access public road specified in Lane Code LC Chapter 15; and (bb) 30 feet from all property lines other than those described in LC 16.211(8)(a)(v)(aa) above; and (cc) The minimum distance necessary to comply with LC 16.211(8)(a) above and LC 16.211(8)(b) through (d) below. Does the proposed property line comply with these minimum setbacks from structures? If no, describe why: Property Line Adjustment Review (Ministerial) Page 5of 8
SITING CRITERIA for Exclusive Farm Use (EFU) Zoned Parcels LC 16.212(10) Development Requirements. Uses or activities allowed by LC 16.212(3) through (9) above, except farm use, shall comply with the requirements in LC 16.212(10)(a) through (d) below. (a) For approval of a use or activity allowed by LC 16.212(4) through (9) above that requires notice and the opportunity for appeal or a hearing, the Approval Authority shall balance the setback requirements of LC 16.212(10)(a) below with the applicable special use approval requirements in LC 16.212(4) through (9) in order to minimize adverse impacts upon nearby farm and forest uses or to assure optimal siting of proposed dwellings to minimize adverse impacts on nearby farm and forest lands. (i) Dwellings to be sited upon tracts located within an area designated by the Department of Fish and Wildlife Habitat Maps as Major shall be sited as follows: (aa) Near dwellings on other tracts. (bb) With minimal intrusion into forest areas undeveloped by non-forest uses. (cc) Where possible, when considering LC 16.212(10)(a) (i)(aa) and (bb) above and the dimensions and topography of the tract, at least 500 feet from the adjoining lines of property zoned F-1 and 100 feet from the adjoining lines of property zoned F-2 or EFU. Is the property within a Major wildlife Habitat area? (See the Planner on Duty to determine if your property is within a Major Wildlife Habitat area.) Yes No If yes, will the dwelling be near other dwellings on adjacent property? Explain: If yes, will the dwelling be located near dwellings on other tracts? Explain: (ii) Dwellings to be sited upon all other tracts shall be sited as follows: (aa) Where possible, in consideration of the dimensions and topography of the tract, at least 500 feet from adjoining lines of property zoned F-1 and 100 feet from adjoining lines of property zoned F-2 or EFU. (bb) On the least valuable farm or forest areas of the tract or located near dwellings on other tracts. Is the dwelling within 500 feet of adjoining property zoned F-1? Yes No If yes, you need to apply for the Director Approval Property Line Adjustment application. Is the dwelling within 100 feet of adjoining property zoned F-2 or EFU? Yes No If yes, you need to apply for the Director Approval Property Line Adjustment application. How is the dwelling located on the least valuable farm or forest areas of the tract? Property Line Adjustment Review (Ministerial) Page 6of 8
(b) Property Line Setbacks. No structure other than a fence or sign shall be located closer than: (i) 20 feet from the right-of-way of a State road, County road or a local access public road specified in LC Chapter 15; and (ii) 10 feet from all other property lines except as provided below. Does the proposed property line comply with these minimum setbacks from structures? If no, describe why: (c) Riparian Setback Area. Except for property located between the Eugene-Springfield Metropolitan Area General Plan Boundary and the Eugene and Springfield Urban Growth Boundaries, where setbacks are provided for in LC 16.253(6), the riparian setback area shall be the area between a line 100 feet above and parallel to the ordinary high water of a Class I stream designated for riparian vegetation protection in the Rural Comprehensive Plan. No structure other than a fence shall be located closer than 100 feet from the ordinary high water of a Class I stream designated for riparian vegetation protection by the Rural Comprehensive Plan. A modification to the riparian setback standard for a structure may be allowed provided the requirements of LC 16.253(3) or LC 16.253(6), as applicable, are met. (d) Maintenance, Removal and Replacement of Indigenous Vegetation within the Riparian Setback Area. Maintenance, removal and replacement of indigenous vegetation within the riparian setback area designated for riparian vegetation protection by the comprehensive plan must comply with the provisions of LC 16.253(2) or LC 16.253(6), as applicable. These standards are for a setback between structures and a Class 1 Stream. The location of a property line does not come into play for this siting standard. SITING CRITERIA for all other Parcels If the properties involved are not zoned F-1, F-2, EFU, or RR, the Applicant must address the siting standards and property line setbacks for the applicable base zoning. See the Planner on Duty to find the applicable siting standards or review the Lane Code Chapter 16 website for the criteria: www.lanecounty.org/lanecode Property Line Adjustment Review (Ministerial) Page 7of 8
STAFF DETERMINATION: FILE NO. Lane County Planning certifies that the proposed property line adjustment as represented on the attached maps complies with: LC 13.450(4)(a) LC 13.450(4)(b) Attached findings and/or conditions of approval Attached findings and/or conditions of approval Conditions: LC 13.450(4)(c), see staff report. 1) The property line adjustment must comply with the surveying and monumenting requirements of ORS Chapter 92. 2) It is the owner s responsibility to record and file the necessary paperwork associated with the property line adjustment within 2 years of the date signed below, and then submit copies of recorded and filed documents back to Land Management Division Planning Program for the property file. 3) Since all properties involved have been verified as legal lots by Lane County, then they will continue to be recognized as legal lots, but only if the property line adjustment is completed correctly and the properties continue to be consistent with Lane Code 13.450. Lane County Staff Date NOTICE: NOTICE: NOTICE: NOTICE: Per ORS 308.210(3) & 308.210(4), certified property taxes owing on any of the impacted parcels must be paid in full before Assessment and Taxation will recognize property adjustment changes. The property line adjustment approved by this application may not be complete until the correct paperwork is recorded with Lane County Deeds & Records and a survey is filed with Lane County Surveyor s Office. Consult the Lane County Building Division for setbacks regulated by the Building Code. Moving property lines may invalidate a previously approved Sanitation Site Evaluation or Installation Permit (replacement areas, etc). Consult with Lane County Subsurface Sanitation. Property Line Adjustment Review (Ministerial) Page 8of 8