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7. That in 1985, a Building Permit was issued for the installation of an in -ground swimming <br />pool on the adjacent property known as 14255 Bowers Dr. NW. <br />8. That the Site Plan submitted as part of the Building Permit application indicated the <br />swimming pool would be located at least forty (40) feet from the side lot line of the Subject <br />Property. <br />9. That the Subject Property was recently sold and as part of the title work for that transaction, <br />it was discovered that the swimming pool belonging to the adjacent parcel at 14255 Bowers <br />Dr. NW encroached onto the Subject Property by almost ten (10) feet. <br />10. That to resolve this encroachment, the title company representing the owners of the <br />swimming pool are proposing an Administrative Subdivision to realign the common <br />boundary between the Subject Property and 14255 Bowers Dr. NW to eliminate the <br />encroachment. <br />11. That an Administrative Subdivision would increase the non -conforming lot size of the <br />Subject Property. <br />12. That the Subject Property size would be reduced to approximately 0.89 acres with the <br />Administrative Subdivision. <br />13. That the Administrative Subdivision would realign the property line to a point that both <br />property owners thought was the actual property boundary. <br />14. That a variance to setbacks for a swimming pool would still be required on 14255 Bowers <br />Dr. NW after the Administrative Subdivision. <br />15. That City Code Section 117-590 prohibits the Zoning Administrator from realigning lot lines <br />if doing so would circumvent other zoning regulations. <br />16. That City Code Section 117-57 (b) prohibits expansions of nonconformities without the <br />issuance of a variance. <br />17. That Lucas Hase is now the fee title owner of the Subject Property. <br />18. That the encroachment of the swimming pool was not the result of actions of either the <br />current or former fee title owner of the Subject Property. <br />19. That the encroachment of the swimming pool was not the result of the current owners of the <br />parcel generally known as 14255 Bowers Dr. NW. <br />20. That economic circumstances alone do not create the practical difficulties. <br />21. That the plight is due to circumstances unique to the Subject Property. <br />RESOLUTION #15-03-063 <br />Page 2 of 4 <br />