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HomeMy Public PortalAboutRES-CC-2016-09RESOLUTION #09-2016 A RESOLUTION APPROVING A MINOR SUBDIVISION OF LOTS 3A AND 2A OF THE PEACHES SUBDIVISION LOCATED IN THE R-2, SINGLE- AND TWO-FAMILY RESIDENTIAL ZONE AT 635 AND 645 SOUTH 400 EAST, OWNED BY DOUG AND CARMA MCELHANEY WHEREAS, Doug and Carma McElhaney at 493 Cottonwood, Moab, Utah 84532, also as the "Owners" of 635 and 645 South 400 East Street, Moab, Utah have applied to amend Lots 2A and 3A, respectively, of the Peaches Subdivision; and WHEREAS, the Owners submitted to the City of Moab the appropriate application and documents for review and approval of the proposed plat amendment; and WHEREAS, the Owners desire to create two 2-family lots from lots that are six thousand square feet in size; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on March 22, 2016, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 10-9a608(2) that allows an amendment of a subdivision plat without a public hearing if: (a)the petition seeks to: (i) join two or more of the petitioner fee owner's contiguous lots; (ii) subdivide one or more of the petitioning fee owner's lots, if the subdivision will not result in a violation of a land use ordinance or a development condition; (iii) adjust the lot lines of adjoining lots or parcels if the fee owners of each of the adjoining lots or parcels join in the petition, regardless of whether the lots or parcels are located in the same subdivision; (iv) on a lot owned by the petitioning fee owner, adjust an internal lot restriction imposed by the local political subdivision; or (v) alter the plat in a manner that does not change existing boundaries or other attributes of lots within the subdivision that are not owned by the owner..."; and WHEREAS, the application does not include a request to vacate or amend a public right-of-way; and WHEREAS, the proposed lot sizes meet the minimum lot size requirement of 6,000 square feet for twofamily dwellings in the R-2 Zone as found in MMC Section 17.45.030, Area requirements, as the other dimensional and location requirements of 17.45.040, Width requirements, and 17.45.050, Location requirements; and WHEREAS, The City Council has conditioned approval on execution of an Improvements Agreement; and WHEREAS, subsequent to the consideration of a Staff recommendation and having reviewed the technical aspects of the pertinent code sections, Council hereby finds, that the code requirements have been met. NOW, THEREFORE, BE IT RESOLVED BY THE MOAB CITY COUNCIL: THAT, by adoption of Resolution #09-2016, the application for the further subdivision of the lots located at 635 and 645 South 400 North is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this 12th day of April, 2016. Rachel Stenta David L. Sakrison Moab City Recorder Mayor Page 1 of 1