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Board Member Bentz questioned whether the bank had been approached, or if the owners on both sides were approached to see if either wanted to buy it or split the property. City Planner Anderson replied he wasn't sure if the owner to the north had been contacted. The owners to the south are the owners of the home that encroaches onto the bank's property. Board Member Bentz asked if there is a law in effect if someone stays in a place for a certain amount of time, they become the landowner. City Planner Anderson responded the law Board Member Bentz is referring to is called Adverse Possession. He stated a real estate attorney could explain this in more certain terms, but he said he understood both parties need to be aware of the encroachment for a certain length of time. He stated he was unaware if Adverse Possession came into play at all. He did not know if both parties were aware of the encroachment. The owners may not have had any knowledge. Board Member Lewis asked if there had ever been an application for this variance for these two adjacent lots. City Planner Anderson responded this is the first time the City has received an application for a variance on either of these lots. The property at 14460 Bowers Drive had a similar scenario. Board Member Lewis asked if the least intrusive alternative is the second alternative, which results in a more straightforward lot configuration. City Planner Anderson answered it most likely is the least intrusive because it would include the driveway. He noted he presented all the options to the Bank, and has not heard back from them. He said he can only assume they would prefer to carve out as little as possible, with minimal disturbance. This alternative, compared to the others, will present the least environmental disturbance. He explained this is the first step in a two-step process. Once the variances are obtained, the staff can proceed with the administrative subdivision. This does not create new lots; it just allows them to configure this common boundary. Board Member Bentz asked if there was a concern with the accuracy of the plats since this parcel has been developed for so long. He mentioned there would likely have been time to resurvey the plat in the past 30 years, as resurveying happens every other month at Armstrong Boulevard. City Planner Anderson stated the surveyor went out to the property and found all four irons at the corners of the lot. Board Member Bentz asked why permits need to be pulled. He noted there have been a couple of examples this past year where the question came up of why permits are needed. This could be a good example. City Planner Anderson replied this is a great example of the importance of a scaled site plan being provided with a building permit application. Motion by Board Member Lewis and seconded by Board Member Hiatt to recommend the Planning Commission adopt Resolutions #16-01-005 and #16-01-006 granting a variance to lot size and lot area at 14510 Bowers Dr NW, as depicted on the Subdivision Sketch, prepared by Environmental Policy Board / December 21, 2015 Page 3 of 6