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Home My Public Portal AboutRES-CC-2015-10RESOLUTION NO.10-2015 A RESOLUTION APPROVING A TWO -LOT MINOR SUBDIVISION FOR PROPERTY LOCATED IN THE R-3 ZONE AND OWNED BY RANNA BIESCHKE WHEREAS, Ranna Bieschke at 189 East 200 North, Moab, Utah, as the "Owner" of a parcel of land consisting of .68 acres (28,700 Square feet) has applied for a two -lot minor subdivision of the property located in the R-3 Multi -Family Residential Zone; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed minor subdivision of said property into two lots; and WHEREAS, the Lot 1 will consist of .15 acres or 6,531 square feet and Lot 2 will consist of .53 acres or 23,169 square feet; and WHEREAS, the proposed lot size meets or exceeds the dimensional requirements for the R-3 Zone as established in Moab Municipal Code Chapter 17.48.030 WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on March 10, 2015, reviewed the proposal for compliance with the Moab Municipal Code and State Code Chapter 109a- 608(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 street, right-of-way, or easement; 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, the application for the two -lot Bieschke Subdivision of Lot 17, Block 2, Plat "A" of the Palisade Subdivision is hereby approved with the condition: 1. The deck on the existing home on Lot 1 shall be sufficiently removed to meet the required setbacks prior to recording the subdivision. ADOPTED AND APPROVED by action of the Moab City Council in open session this 10th day of March, 2015. ATTEST: Cutaa Rachel Stenta Recorder Dave Sakrison Moab City Mayor Resolution #10-2015 Page 1 of 1 MOAB CITY COUNCIL MEETING March 10, 2015.....- 1 1 PL-14.007 Agenda Item #: 7-6 P Title: Adoption of Council Resolution #10-2015 Approving, with Conditions, a Petition for a Two -Lot Minor Subdivision of a .68 Acre Lot Located in the R-3 Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Ranna Bieschke Background/Summary: This minor subdivision will create two lots from a .68 acre (29,700 square feet). Lot 1 will consist of .15 acre or 6,531 square feet and has an existing home on it. Lot 2 will consist of .53 acres or 29,700 square feet and will be a flag lot. A small log cottage exists on this lot. The applicant has expressed a desire to sell Lot 2. The areas of both lots exceed the minimum lot size of 5,000 square feet for the R-3 Zone. The subdivision does not include a dedication of right-of-way and so a public hearing is not necessary. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) 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: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. Agenda Page 84 of 107 New Business - 7-6 rrM;nnw.Nx.wnrtrtmmm.rt-.n.-.mnnn .,�.....,..�..� ..._vvw .wn This requested minor subdivision meets the applicable requirements listed in state law and the dimensional requirements of Moab Municipal Code sections 17.06 and 17.48.030. Options: Council may: 111111811111. i. Approve the petition for the creation of the two lots as submitted; z. Approve the petition for the creation of the two lots with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because it satisfies the requirements of Utah State Code and MMC. However, with the condition that an existing second floor deck of the structure on Lot 1 must be partially removed to satisfy setbacks. 1. Recommended Motion: I move to adopt resolution #10-2015 and approve the two -lot Bieschke Minor Subdivision with the condition that the deck be removed to satisfy the required setbacks prior to recording the subdivision. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #10-2015 Photos Aerial p:\planning department\2015\correspondence \p1.15.BB cc bieschke minor.docx Page 85 of 107 New Business - —CL) f /I MOAB CITY COUNCIL MEETING March so, 20i5 ._ f Agenda Item #: 7-6 PL-14-Ua7 Title: Adoption of Council Resolution #10-2015 Approving, with Conditions, a Petition for a Two -Lot Minor Subdivision of a .68 Acre Lot Located in the R-3 Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Ranna Bieschke Background/Summary: This minor subdivision will create two lots from a .68 acre (29,700 square feet). Lot 1 will consist of .15 acre or 6,531 square feet and has an existing home on it. Lot 2 will consist of .53 acres or 29,700 square feet and will be a flag lot. A small log cottage exists on this lot. The applicant has expressed a desire to sell Lot 2. The areas of both lots exceed the minimum lot size of 5,000 square feet for the R-3 Zone. The subdivision does not include a dedication of right-of-way and so a public hearing is not necessary. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) 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: (A) owned by the petitioner; or (B) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition. Agenda Page 84 of 107 New Business - 7-6 This requested minor subdivision meets the applicable requirements listed in state law and the dimensional requirements of Moab Municipal Code sections 17.06 and 17.48.030. Options: Council may: a. Approve the petition for the creation of the two lots as submitted; 2. Approve the petition for the creation of the two lots with conditions; 3. Table the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because it satisfies the requirements of Utah State Code and MMC. However, with the condition that an existing second floor deck of the structure on Lot 1 must be partially removed to satisfy setbacks. 1. Recommended Motion: I move to adopt resolution #10-2015 and approve the two -lot Bieschke Minor Subdivision with the condition that the deck be removed to satisfy the required setbacks prior to recording the subdivision. Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Narrative Council Resolution #10-2015 Photos Aerial p:\planning department \2015\correspondence \p1-15-06 cc bieschke minor.docx Agenda Page 85 of 107 New Business - 7-6 PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant: P..4ArJA 17i S C(A KCi✓ Fee - $100.00 plus $25.00 per amended lot or unit. Receipt No. j („Sc Phone: )-0 -v 0 £ - Mailing Address. 18 9 E Size of Properties: t f Location of Affected Properties: 1 ► / E-mail: 'Ad/ye-OW Z 2) �► ft'iv� �• ri� �" A short narrative describing the reason for the amendment is required and is part of a complete application. Failure to submit a narrative will delay review of the application. This section of the Utah Code allows for the vacation, alteration or amendment to a subdivision plat without a public hearing if the petition seeks to: 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 joins 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 that subdivision that are not: (A) Owned by the petitioner; or (B) Designated as a common area; and vi. The vacation, alteration or amendment is approved by the Moab City Council; and, vii. An amended plat showing the vacation, alteration, or amendment is submitted, signed by the City Council and recorded in the office of the county recorder in which the land is located; and viii. The document having satisfied all of the above conditions is to be recorded at the Grand County Recorders Office, 125 East Center, Moab, Utah, within thirty (30) days of approval by the Moab City Council. PE 1 i l iON TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 17-Q_r�JZS� .F $u�io�u�ds- 16-r %v ro,(p0,5---- G� polt-A-11'2-1nb- 4 .'e. C 6 1 J\ itjt • pAplanning departmentMorms\misc. applications\petition to amend a subdivision plat.dac Pt 11 I ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT OWNERS: Date Date State of County of page 2 On the a o `day of �4_1, nun ao Ps", --personally appeared before me /ea- rtitit_ (name of owner(s)) g 1 t-SC-kiC cr , who duly acknowledged to me that they executed the same. My Commission Expires: /241—/C. OWNERS: Notary Public Residing in a.%, 1,er JENNIE ROSS Notary Public State of Utah Comm. No. 661521 . My Comm Expires Dec 11. 2016 Date Date State of ) County of ) On the day of , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. 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COO 1 1+p1'c2 2 Lon Ob.A0 a «flora T1VYL10 2006 00'06 3.00.£r.e99 --`'artra.o.Loc Z Q 4 m 1100.1 W 10 nCAi 1C0100-10 100AO W./ 001 100 0011 11.01.00‘ e«w.-0 J f MOAB CITY COUNCIL MEETING PL-14-007 AGENDA ITEM #: 6-2 Title: Adoption of Council Resolution #10-2015 Approving, with Conditions, a Petition for Two -Lot Minor Subdivision of a .68 Acre Lot Located in the R-3 Zone Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: - Ranna Bieschke Background/Summary: This minor subdivision will create two lots from a .68 acre (29,700 square feet). Lot 1 will consist of .15 acre or 6,531 square feet and has an existing home on it. Lot 2 will consist of .53 acres or 29,700 square feet and will be a flag lot. A small log cottage exists on this lot. The applicant has expressed a desire to sell Lot 2. The areas of both lots exceed the minimum lot size of 5,000 square feet for the R-3 Zone. The subdivision does not include a dedication of right-of-way and so a public hearing is not necessary. The request complies with State Code Chapter 10-9a-608(2) and the statute allows a subdivision plat to be amended by the Land Use Authority (Council) 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: (A) owned by the petitioner; or (13) designated as a common area; and (b) notice has been given to adjacent property owners in accordance with any applicable local ordinance. (3) Each request to vacate or amend a plat that contains a request to vacate or amend a public street, right-of-way, or easement is also subject to Section 10-9a-609.5. (4) Each petition to vacate or amend an entire plat or a portion of a plat shall include: (a) the name and address of each owner of record of the land contained in the entire plat or on that portion of the plat described in the petition; and (b) the signature of each owner described in Subsection (4)(a) who consents to the petition.