<br /> <br />29004 Crow Road – Lane County <br />Lot Validation Application <br />February 2026 <br />Page 3 <br /> <br />Oregon Revised Statutes (ORS) <br />Chapter 92 – Subdivisions and Partitions <br />92.176 Validation of unit of land not lawfully established. <br />(1) A county or city may approve an application to validate a unit of land that was created <br />by a sale that did not comply with the applicable criteria for creation of a unit of land <br />if the unit of land: <br />(a) Is not a lawfully established unit of land; and <br />Response: Pursuant to ORS 92.010, a lawfully established unit of land is one that was created by <br />partition, subdivision, or other legal means or division. This property was created by deed <br />in 1977. At that time, Lane County had a code to govern divisions that was established in <br />1975 (Exhibit E); therefore, the property is not a lawfully established unit of land. <br />However, the City may approve this land validation based on ORS 92.176(1)(b). <br />(b) Could have complied with the applicable criteria for the creation of a lawfully <br />established unit of land in effect when the unit of land was sold. <br />Response: As stated previously, the subject property was created by Deed 7726274, recorded May <br />3, 1977. At that time, the Lane County Zoning Map, dated April 27, 1977 (Exhibit F), shows <br />the property within the Suburban Residential District (RA). Pursuant to Section 40 of <br />Chapter 10.135-10 of the 1972 Lane County Code (Exhibit G), the RA zoning district <br />required a minimum average lot width of 60 feet and a minimum lot area of 6,000 square <br />feet. The Existing Conditions Plans (Exhibit A) show the parcel as ±654 feet wide and <br />±38.15 acres in size. Therefore, the parcel complied with the applicable criteria for a <br />lawfully established lot in the RA zoning district at the time the deed was recorded to <br />create the current configuration. <br />(2) Notwithstanding subsection (1)(b) of this section, a county or city may approve an <br />application to validate a unit of land under this section if the county or city approved <br />a permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or <br />placement of a dwelling or other building on the unit of land after the sale. If the permit <br />was approved for a dwelling, the county or city must determine that the dwelling has: <br />(a) Intact exterior walls and roof structure; <br />(b) Indoor plumbing consisting of a kitchen sink, a toilet and bathing facilities <br />connected to a sanitary waste disposal system; <br />(c) Interior wiring for interior lights; and <br />(d) A heating system. <br />(3) A county or city may approve an application for a permit, as defined in ORS 215.402 or <br />227.160, respectively, or a permit under the applicable state or local building code for <br />the continued use of a dwelling or other building on a unit of land that was not lawfully <br />established if: <br />(a) The dwelling or other building was lawfully established prior to January 1, <br />2007; and <br />(b) The permit does not change or intensify the use of the dwelling or other <br />building. <br />Response: Although the subject site has an existing dwelling, the above provisions are not being used <br />to validate the property as a legal unit of land.