HomeMy Public PortalAboutRES-CC-2014-20RESOLUTION #20-2014
A RESOLUTION APPROVING A REQUESTED BOUNDARY LINE REMOVAL
BETWEEN LOTS 30A AND 30B, PHASE 2 OF THE PRESERVE
WHEREAS, Preserve of Moab, Utah, LLC represented by "Owners", Dennis and Patricia Byrd,
at 850 Byrd Avenue, Moab, Utah 84532, has applied to merge Lots 30A and 30B of the
Preserve, Phase 2; and
WHEREAS, Owners submitted to the City of Moab the appropriate application and documents
for review and approval of said property line adjustment; and
WHEREAS, Owners desire to amend the lots to create a single family dwelling building site;
and
WHEREAS, the use is allowed in the R2 Zone and the amended lot size exceeds the lot area
requirement of the 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:
THAT, the application for the removal of the boundary line between Lots 30A and 30B of The
Preserve, Phase 2, is hereby approved without conditions.
Resolution #20-2014 Page 1 of 2
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
Resolution #20-2014 Page 2 of 2
Dave Sakrison
Mayor
MOAB
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
PAT)ZiGier bant tah State Code 10-9a-608(2)(a)
Applicant: WI(Egli-6 6 (% Mal) liLT/111-, (AL Phone: 2-(. 0 ' 234 g
Mailing Address: S WV-4) AvE E-mail: fisYAltevigOiskiuvl• caw►
Fee - $100.00 plus $25.00 per
amended lot or unit._ e
i50 91
Receipt No. `'autdiCt
Size of Properties: 552-4 sa p 55I to sk �
Location of Affected Properties: 77 S 111 PA-Cf. Frt4 e bk. fitiXao � wr
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;
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.
PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL: 5� 13 —1 `'f
S-r3-11
Dave Sakrison Date
ATTEST:
ECORDER
et-u0i,P
Rachel Stenta Date
OWNERS:
-13-ii-(
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.
My Commission Expires:
OWNERS:
Notary Public
Residing in
Date
PE f 1 1 ION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
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.
My Commission Expires:
p:\planning department \ forms \misc. applications\petition to amend a subdivision platdoc
Notary Public
Residing in