Agenda - Council - 04/28/2009 - Board of Appeals

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Discrepancies in legal descriptions have created potential gaps in property lines and Illegal, Nonconforming Uses in terms of setbacks. These discrepancies are created in surveying based on metes and bounds descriptions. Changes to assumed points such as roadway intersection and river's edge have created these discrepancies due to changes to these roadways and river's edge. This situation illustrates the direct benefit of platting versus metes and bounds subdivisions. Platting of the property would result in physical survey markers as well as a much shorter, lot and block legal description accompanied by a graphic representation. City Staff would highly recommend that the property owner consider platting these parcels in the future to avoid future ambiguity in legal descriptions. The Applicant is also in the process of applying for a Variance to setbacks to residential zones, which would need to be heard by the Board of Adjustment as it is a bulk standard variance, rather than a procedural variance as is the case with this request. Staff Recommendation: City Staff recommends approval of the variance. Council Action: Motion to adopt Resolution #09-04- adopting Findings of Fact # _ relating to the request for a Variance to the platting requirements in Section 9.50 of City Code. -AND- Motion to approve the request for a variance to subdivide by metes and bounds, and adopt Resolution #09-04-_ declaring terms of the Variance. S' -or- Motion to deny the request for a variance based on findings of fact. Reviewed By: ~ City Administrator /L:: . Community Development Director City Attorney Public Works Director BOAp: 04/28/2009 Attachments: Attachment A: Site Location Map Attachment B: Survey of parcels (waiting for copies) Attachment C: Proposed Findings of Fact Attachment D: Proposed Variance (with Exhibits of the proposed subdivision)