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HomeMy Public PortalAboutRES-CC-2014-19RESOLUTION #19-2014 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR LOTS 2 AND 3 OF THE PEAR TREE ACRES SUBDIVISION LOCATED IN THE RA-1 ZONE AND OWNED BY SPAH FAMILY, LTD. WHEREAS, Spah Family, Ltd., the "Owner" of Lots 2 and 3 of the Pear Tree Acres Subdivision, as represented by Page Holland, Managing Partner, at 1475 Overlook Road, Moab, Utah, has applied for a property line adjustment of the property described above; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of said property line adjustment; and WHEREAS, the Owner desires to amend the lots to consist of 1.0 acre (Lot 2) and 5.08 acres (Lot 3) for construction of a single-family dwelling on Lot 1; and WHEREAS, the use is allowed in the RA-1 Zone and the amended lot sizes meet or exceed the lot area requirement of the RA-1 Zone; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on May 13, 2014, reviewed the proposal in light of 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; 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 dedicate, 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: Resolution #19-2014 Page 1 of 2 THAT, the application for Boundary Line Adjustment between Lots 2 and 3 of the Pear Tree Acres Subdivision is hereby approved without conditions. ADOPTED AND APPROVED by action of the Moab City Council in open session this 13th day of May, 2014. ATTEST: Rachel Stenta Moab City Recorder Dave Sakrison Mayor Resolution #193-2014 Page 2 of 2