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HomeMy WebLinkAboutLand Use Case.126 Park Ave.A001-99 ~ 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 ,..-.. 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 '~, ~ III ~I , "",,. '.'.. ,.' , ' ,'.,.' . PAFic;Et:1D;12'/:ii lel-(:GG:l~ '. :'DATEIIlCVDi II:' 99 . , "t" ,". .,'''., ." ...t., " ' C'ASE..':;'AM'EJI-::!~ I',"k 1.,""'~1". '".. I"'" ,.... rl '.."'.'1..'1.......'.- .. . ..111 .. ...~ ....... . ,....." '" ,':' ",.. ", .., "., ~l:fb.':J ~~QR.l2~ :-;,.lI.~ k':ml.I':; . ,C~sE}yp:II.:,f:;..::r\w 11 i~I/~""!I"d "":':- . . . .Ho~i~~r :i:,A's~Niil~:i-';';'!I' , . ,. om . :,PLNR:fCI'mi :1~~.I:::":'" STEPS:l i 9~N'lA.'PP'~ ,\~;::il J,rj., . A.~~ 53.':~Jj:-.:':~""1 :.f1, . 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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. 1 /' ~ ,.-" 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 2 I""'-, ~ 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. ,-. -. 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.