HomeMy WebLinkAboutLand Use Case.126 Park Ave.A001-99
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CASE NUMBER
PARCEL ill #
CASE NAME
PROJECT ADDRESS
PLANNER
CASE TYPE
OWNER/APPLICANT
REPRESENTATIVE
DATE OF FINAL ACTION
CITY COUNCIL ACTION
PZ ACTION
ADMIN ACTION
BOA ACTION
DATE CLOSED
BY
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A001-99
2737-181-00034
126 Park Avenue Insubstantial Amendment
126 Park Avenue
Chris Bendon
Insubstantial Amendment
Adair, Arja
Muckenhirn, DavidNentures West
3/15/99
Approved
3/6/00
Chris Bendon
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MEMORANDUM
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TO:
Julie Ann Woods, Community ~re~opment Director
Christopher Bendon, Planner \}A}JV) .
Hobgood Burres Lot Line Adjustment
FROM:
RE:
DATE:
March 16, 1999
SUMMARY:
The Hobgood Burres Subdivision is a two lot subdivision located between Park and
Midland Avenues. Apparently, an incorrect bearing was used to define the location of the
Hobgood parcel. The effect of this mistake was to rotate the official lot about one
property pin away from the adjoining lots and into the Park Avenue R.O.W. This has
technically narrowed the City R.O.W on an already narrow street and has created several
hiatuses where property boundaries no longer coincide.
The current owner of the Hobgood parcel, Arja Adair, submitted a land use application in
the Fall of 1998 for an Accessory Dwelling Unit. It was at that time the City Engineer
realized the inaccuracy memorialized with the original Subdivision plat, The Planning
and Zoning Commission approved the Accessory Dwelling Unit with a condition that the
property boundaries be rectified prior to applying for a building permit. This Lot Line
Adjustment application is in response to that condition.
This is clearly a survey error that negatively effects not only the Hobgood parcel but all
parcels to which the property should be adjacent, including the City R.O.W. The
corrected plat does not change any development rights of any properties in the immediate
area nor does it increase or decrease the net parcel sizes defined by the two lot
Subdivision. In other words, this corrected plat "puts the lot back where everyone
thought it was." The Lot Line Adjustment criteria are explicitly written to allow for such
corrections to be approved by the Community Development Director without review by
the City Council. Staff believes all the criteria, as described in Exhibit A, have been met
and is recommending the Community Development Director approve the Lot Line
Adjustment.
Staff recommends the Community Development Director approve this Lot Line
Adjustment plat, with the condition that the plat is recorded within 180 days,
APPLICANT:
Arja Adair, owner.
Represented by David Muckenhim.
LOCATION:
126 Park Avenue.
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REVIEW PROCEDURE:
Lot Line Adjustment, The Community Development Director shall approve, approve
with conditions, or deny an application for a Lot Line Adjustment based on the criteria
found in Section 26.88.030.
STAFF COMMENTS:
Review criteria and Staff Findings have been included as Exhibit "A."
RECOMMENDATION:
Staff recommends the Community Development Director approve the Hobgood Burres
Lot Line Adjustment, with the condition that the plat is recorded within 180 days.
APPROVAL:
I hereby approve this Hobgood Burres Lot Line Adjustment pursuant to Section
26.88.030, with the following condition:
1. The Hobgood Burres Lot Line Adjustment plat shall be recorded within 180 days of
this approvaL
~cJiJ\..:)^c::. date 3/iJ /.93
'e Ann Woods, Community Development Director
ATTACHMENTS:
Exhibit A -- Review Criteria and Staff Comments
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Exhibit A
The Planning Director shall exempt an adjustment of a lot line between contiguous lots if
all the following conditions are met.
1. It is demonstrated that the request is to correct an engineering or survey error in a
recorded plat or is to permit an insubstantial boundary change between adjacent
parcels
Staff Finding:
This plat is expressly correcting a survey error. The surveyor for the original
subdivision plat used a inaccurate bearing for the Hobgood parcel and recorded a
property description which placed the property partially within the Park Avenue RO.W.
When the property was re-surveyed using the inaccurate bearing, the property appeared
to be rotated about one lot pin and partially within the City RO.W. This was realized
during a land use review for an Accessory Dwelling Unit on the Hobgood parcel. This
revised plat became a condition of approval for that ADU (conditional use approval,
Resolution #98-40).
2. All landowners whose lot lines are being adjusted shall provide written consent to
the application.
Staff Finding:
111ere are two parcels affected with this plat: Hobgood and Burres. Both parties have
consented to the application. The Hobgood parcel is the only parcel which is being
amended with this plat - the Burres parcel was defined with an accurate survey bearing.
Both parties are in agreement with the new plat and both have signed the revised
document.
3. It is demonstrated that the request is to address specific hardship,
Staff Finding:
There exists an inaccurate survey description of the Hobgood parcel which places the
prOperty partially within the Park A venue right-of-way and created hiatuses around the
property where "unclaimed" land was created with the error. This is a property
condition which complicates ownership with adjoining land owners and reduces the
public right-of-way on a narrow city street. The corrected plat will address this specific
hardship by defining the property as it was originally intended.
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4. The corrected plat will meet the standards of this division, and conform to the
requirements of this chapter, including the dimensional requirements of the zone
district in which the lots are located, except in cases of an existing nonconforming
lot, in which the adjustment shall not increase the nonconformity ofthe lot.
Staff Finding:
The Hobgood parcel is a non-confonning lot within the R-6 Zone District. Redefining
the survey description to place the property "back where it should be," does not alter
any dimensions of the lot or further increase the non-conforming status of the property.
5, It is demonstrated that the lot line adjustment will not affect the development
rights or permitted density of the affected lots by providing the opportunity to
create a new lot for resale or development.
Staff Finding:
The amended plat does not increase the dimensions of either lot and does not, in any
way, create additional development potential.