HomeMy Public PortalAboutAB 16-79 Release of Deed Restriction Lot 9A Fairway SubMcCALL CITY COUNCIL 216 East Park Street
AGENDA BILL McCall, Idaho 83638
Number AB 16-79
Meeting Date April 14, 2016
AGENDA ITEM INFORMATION
SUBJECT:
Release of Deed Restriction – Lot 9A Fairway Subdivision
Department Approvals
Initials
Originator
or
Supporter
Mayor / Council
City Manager
Clerk
Treasurer
Community Development
Originator
Police Department
Public Works
Golf Course
COST IMPACT:
N/A
Parks and Recreation
FUNDING SOURCE:
N/A
Airport
Library
TIMELINE:
ASAP
Information Systems
Grant Coordinator
SUMMARY STATEMENT:
The owner of Lot 9A Fairway Subdivision has requested that the City release deed restrictions on the parcel that were established in 1972 (request letter attached). The parcel is located
on Fairway Drive and borders the McCall Golf Course along the rear property line. The deed restrictions placed on the property require that structures adhere to a setback of 50 feet
from the rear property line, that structures be no more than one story in height, and imposed a minimum structure square footage. These deed restrictions were established as conditions
of the City’s sale by Ordinance (Ord. 285) of the subject parcel and five neighboring parcels with the reported intent that the increased setback and height limitations of structures
would better accommodate a future golf facility in the vicinity.
Over time, knowledge of the deed restrictions was lost and the City issued building permits for adjacent lots without requiring the increased setback, height limit, or square footage
minimum. The City allowed neighboring structures to be built to the City Code minimum rear setback of 10 feet and in excess of one story in height. Also, plans for a future golf facility
in the area did not materialize.
The proposed Release of Deed Restrictions has been approved by the City of McCall Golf Superintendent and the attached Release document has been prepared by the City Attorney’s office.
To protect the City from liability, this document also states that the City shall be held harmless for any errant golf balls which may strike a structure built within the relinquished
setback.
Attached are the Release of Setback Requirements document and the request for the release.
RECOMMENDED ACTION:
Approve the Release of Setback Requirement and Indemnification of Liability document and authorize the Mayor to sign all necessary documents.
RECORD OF COUNCIL ACTION
MEETING DATE
ACTION