HomeMy Public PortalAboutRES-CC-2014-02RESOLUTION NO. 02-2014
A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR PROPERTY LOCATED IN
THE R-2 ZONE AT 326 AND 314 CRESTVIEW DRIVE AND OWNED BY KENDALL AND TERRI
JENSON
WHEREAS, Kendall and Terri Jenson, the "Owners" of Lots 3 and 5, Block B, Plat "E" of the Walker
Subdivision also known as 326 and 314 Crestview Drive, Moab, Utah have applied for a Boundary Line
Adjustment of said described properties; and
WHEREAS, the Owners submitted to the City of Moab the appropriate application documents for review of
the proposed Boundary Line Adjustment; and
WHEREAS, the Owners desire to relocate a property line 9.2 feet to the south to create a larger Lot 3 and
a smaller Lot 5 while maintaining all required setbacks for the R-2 Residential Zone; and
WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on January 14,
2014, reviewed the proposal in light of the Moab Municipal Code and State Code Chapter 10-9a-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, the proposed amended lot sizes exceed the 5,000 square foot minimum lot size requirement
for the R-2 Zone; 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 boundary line adjustment for Lots 3 and 5, Block B, Plat E of the Walker
Subdivision is hereby approved without conditions.
PASSED AND ADOPTED by action of the Moab City Council in open session this 14t" day of January,
2014.
ATTEST:
Rachel Stenta Dave Sakrison
Moab City Recorder Mayor
Resolution #02-2014 Page 1 of 1
Fee - $100.00 plus $25.00 per
amended lot or unit.
Receipt No. 114 711
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a) cell Y3s-2. io - 0690
Applicant. KeAd&E t Je IS 0.1 Phone. #35-Z5g - Z 265
Mailing Address. 3/4 Cy ShvieGtl 1-1 b E-mail.
Size of Properties: ReS; d •}-ra i Lois — See- doe; -
Location of Affected Properties: 3 Z 6 on ci 3/ Gre.s ;kW Dr.
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:
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 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 fil ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL:
MAYOR
Dave Sakrison Date
ATTEST:
CITY RECORDER
Rachel Stenta Date
PETITION TO VACATE, ALTER OR AMEND A SUBDMSION PLAT page 2
OWNERS:
/0_36_15
Date
Date
State of LA \-ck
County of L] ✓con
On the 30vv% day of Ck.i personally appeared before mel92.1
(name of owner(s))
, who duly acknowledged to me that they executed the same.
JESSE STRIBLEN
Notary Publk State of Utah
My Commission Expires on:
January 18, 2016
Comm. Number: 652031
Notary Public
My Commission Expires: 01 • /S a0l Residing in
OWNERS:
fC 1 D -3o -- 3
Date
Date
State of LackArt )
§
County of �— `� ` )
On the .-24\ day of QC_ ctufd01.3 , personally appeared before me
ame of owner(s))
, who duly acknowledged to me that they executed the same.
JESSE STRIBLEN
Notary Public State of Utah
My Commission Expires on:
January 18, 2016
Comm. Number: 652031
My Commission Expires: CA g%aa 1lQ
Notary Pub!'
Residing in
Narrative Describing the Reason for the Amendment:
October 30, 2013
This petition would affect the property line between two adjacent residential properties in the city of
Moab, 326 Crestview Dr. (01-0MWA-124), and 314 Crestview Dr. (01-0MWA-122).
The Petitioner owns both properties affected by the proposed change in property line.
In order to bring the property line more in harmony with the physical boundary established by the
retaining wall separating the two lots, it is proposed that the property line between the two lots be
moved 9.2 feet to the south. As can be seen on the accompanying documentation this change would
retain a 10.8 foot setback on the north side of the residence located a 326 Crestview.
B. Kendall Jenson
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