441 N Highway 101 PO Box 345
Yachats OR 97498
Phone: 541-547-3565 Fax: 541-547-3063
LOT LINE ADJUSTMENT APPLICATION
Fee: $250.00 - (Actual expenses in excess of fee will be billed.)
Legal Description & Address of Property:________________________________________________________________
Property Owner:____________________________________________________Phone:__________________________
Physical Address:__________________________________________________________________________________
Mailing Address: __________________________________________________________________________________
Surveyor:_________________________________________________________ Phone:_________________________
Directions to property:______________________________________________________________________________
The following information is required at the time of submittal. An incomplete application will not be accepted.
A map of the property containing the following information:
• Date, north point and scale of the drawing.
• A vicinity sketch showing the location of the lots.
• The approximate location and dimensions of all proposed boundary/lot lines.
• Acreage of the properties before and after adjustment.
• Name, location, and width of all existing and proposed roads, right-of-way, and easements.
• Approximate location and use of all existing structures to remain on the site. Indicate those to be removed.
• Any limitations to development; i.e. topography, areas subject to flooding, geologic hazards, drainage channels on property, etc.
The application shall include written consent to proceed with the proposed property line adjustment from affected property owners.
I certify that this application and its related documents are accurate to the best of my knowledge.
Signature of Applicant or Agent and Date __________________________________________________________________
Signature of Owner and Date (if different than agent) __________________________________________________________
Signature of affected property owner and Date ______________________________________________________________
Signature of affected property owner and Date ______________________________________________________________
A. A property line adjustment shall be tentatively approved by the city planner, if:
1. No additional lots or parcels will be created;
2. The subject lots, parcels, or tracts of land will not be reduced in size to below the minimum area required by the applicable use zone;
3. The proposed lots, parcels or other tracts of land as adjusted will comply with any required minimum width requirement as set forth in the applicable use zone;
4. The proposed property line adjustment will not reduce any yard or other setback below that required under applicable zoning;
5. The proposed property line adjustment will not reduce the street or road frontage of the subject lots or parcels to below that required by this title;
6. The proposed property line adjustment will not reduce any setback for an existing on-site sewage disposal system or approved replacement area below the required minimum; and
7. The proposed property line adjustment shall not increase the degree of non-conformity on vacant lots, parcels, or tracts that do not conform to lot size, width, or depth requirements, or on developed lots if the increase in non-conformity results in adjacent property becoming further dividable. A proposed property line adjustment shall not increase the degree of non-conformity for required yards.
B. Notwithstanding the above, an existing lot or parcel may be reduced in area or building setbacks through a property line adjustment provided that:
1. The lot or parcel to be reduced in area is developed with residential, commercial or industrial structural improvements; or
2. The reduction in area is necessary to resolve a boundary discrepancy, hiatus or encroachment; or,
3. The reduction in area is necessary to comply with an applicable setback or other dimensional standard established by this chapter or other applicable law; or,
4. The reduction in area results from acquisition or condemnation for right-of-way or other public purpose.
C. Tentative approval of a property line adjustment is valid for a period of one (1) year. Time extensions are not allowed.
Final Approval
A. Final approval of a property line adjustment shall be granted upon submittal of the following:
1. A copy of a filed survey of the property line adjustment in accordance with ORS 92.060(7) which is in substantial conformance with the tentative approval, except that property line adjustments where all lots, tracts or parcels affected are greater than ten (10) acres need not be surveyed or monumented;
2. Copies of recorded conveyances conforming to the tentatively approved property line adjustment and containing the names of the parties together with proper acknowledgment.
3. Such other documentation as may be required by the city planner to verify conformance with any requirements or conditions of the tentative approval.
Review Procedures
The review of applications for property line shall be conducted according to the following procedures:
A. The property owner or authorized agent shall submit an application to the city planner. The application shall include written consent to proceed with the proposed property line adjustment from affected property owners.
B. Within fourteen (14) days following determination that the application is complete, notice of the application shall be mailed to the applicant and to owners of record on the most recent property tax assessment roll of property which is located within one hundred (100) feet of the perimeter of the properties. Property owners shall be given a 14-day period to provide written testimony. The city planner may refer the application to affected districts, local, state or federal agencies for comments.
C. Within fourteen (14) days following the closing of receiving written testimony, or such longer period mutually agreed to by the city planner and the applicant, the city planner shall approve, disapprove or, at the city planner's discretion, refer the application to the planning commission for consideration.
D. The applicant and any person providing written testimony shall be notified in writing of the city planner's action.
E. All actions of the city planner may be appealed to the Planning Commission.