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HomeMy Public PortalAboutRES-CC-2014-26RESOLUTION #26-2014 A RESOLUTION APPROVING A BOUNDARY LINE ADJUSTMENT FOR PROPERTY LOCATED IN THE R-2 ZONE AT 585 AND 607 BOWEN CIRCLE AND OWNED BY SHARON RELPH WHEREAS, Sharon Relph, as the "Owner" of Lots 5, 6,and 7 of the Bowen Subdivision, also known as 585 and 607 Bowen Circle, Moab, Utah, has applied for a Boundary Line Adjustment of said described properties; and WHEREAS, the Owner submitted to the City of Moab the appropriate application and documents for review and approval of the proposed Boundary Line Adjustment; and WHEREAS, the Owners desire to relocate a property line approximately four (4) feet to the north of the common boundary line between Lots 5 and 6 and 7 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 June 10, 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 5-6 and 7 Bowen Subdivision is hereby approved without conditions. PASSED AND ADOPTED by action of the Moab City Council in open session this "'•_10th day of June, 2014. ATT T: Rachel Stenta-- _--;� : ' Dave Sakrison Moab City R€oordeir ` - Mayor Resolution #26-2014 Page 1 of 1 6v i y i vA-cc-Q c6iu- to �e.�F�4 Cv - I (P - 1 Ll Applicant• PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) hfl i;ort Jae IgiN Mailing Address: r; Phone. Fee - $100.00 plus $25.00 per amended lot or unit , _o Receipt No. ic9�$OI L35 - - 175`i 1 1-.5(2;v E. • "�I�_ lj C;,t1, t:i i E-mail: /-1t0.1, (4m Size of Properties: --, `I ( (: L l - 5 7 ' X /G LI 93 )t. Location of Affected Properties: 5 (G 7 13 tt .c1, (' Li l:. Li 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. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 DATE OF CITY COUNCIL APPROVAL: Le D r `"I MAYO Jr) (&11 it ID -to -'Li Dave Sakrison Date ATTEST: CITY RECORDER it6uuQ,u) y Rachel Stenta Date PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2 OWNERS: _ r i ! State of LLA County of On the LAB daY of _A\op. /0/ //4./ Date Date , personally appeared before me RkACKI-8— 1\ (name of owner(s)) , who duly acknowledged to me that they executed the same. ROME ARTHUR Notary Public State of Utah My Commission Expires on: March 1, 2016 Comm. Number. 651761 My Commission Expires: OWNERS: Notary Public Residing in State of County of On the day of Date Date , personally appeared before me (name of owner(s)) , who duly acknowledged to me that they executed the same. My Commission Expires: Notary Public Residing in SIT COINER Of LOT 7 Of TE 110101 RAT • NTT CORNEA Of LOT 7 C< TIE 00501 MT M ��T AO.NSTIOIT aOUAy (HIM-AOJU:i orrn PPootory t1NT ) 1 PARCEL A 0.162 SOL FT. :•At BOIF N CIRCLA' GRAPHIC SCALE 150.07 k: NE COWaR or LOT a Of THE WWI PLAT I PARCEL B r ( ER nrr ) 1 Inca - RO !L SURVEYOR'S CERTIFICATE I. TIMOTHY M. KEOCH. 00 HEREBY CERTIFY THAT 1 AM A RE SURVEYOR AND THAT I HAVE PREPARED THE LEO& DESCRIPTIONS THAT THEY ARE TRUE AND CORREC 11-01-13 DATE 'TIMOTHY M. KE 1.3,4t3 SO. FT. Nororooy E: SE WRROt Of LOT a Cf THE ROM RAT 17CZW77 YAP POST ADJUSTMENT LEGAL DESCRIPTIONS PARCEL A A PARCEL 01101 LOTS / • 7 OF THE OMEN PUT OF IEOIOLS-aorm F CTLISO6 SEC EW N. T 20 i R n L IIAL MOAN ow aura cum urAN. NO MORE PART ual mama AS N[ONIIO AT THE SW OONOI or LOT 7 Cf M GO1d RAT or NIOIOLi-00101 SUEEFR 01. ARO P ROC[@1q TONE N 021COLFE 104.50 1T.. MORY S 077512't 113.00 FL, THEME S 021fOO'T1 100.10 fT. TO TIC NORTHERLY R-O-A or TOM OREM T01K 11TM SAO R-O-R N OFFC0711 SSOO FT. TO THE PONT Of ammo NO MOWN UN SQUARE 1EET. HOE OR LESS PARCEL B A ►ARCn NTN LOSS D. S a 7 OF TE 110101 RAT Of uOTOLS-NORW SYROM40N. Swim N. I Zs S, R 2: L SL1A Nora orr, CANO CORM UTAH. NO WORE ►ARTLOANl1 0301013 AS TOLIMA RE RROO AT THE SE COWER OF LOT a Of TIC OOgI RAT R WOCU-0041 41NH9O4 A/0 PROC[[3306 TI= TEN T! NORTHERLY R-0-1, Of aom oml N R7'WCOF1T ADD iT TOKE N =iron town R., TOACE N N745Y2-N 57.00 R„ TIOKE N 021 are Solo TO TIC NOlNMtST CRIER 0, LOT 7 Of TIC 00021 PUT, 11010E S 11720'2rE t50.00 rT. TO Of CORNER ME oONTT� 3.64,DC ,SSWAM �. MC ESOR�1� RSSRD R. TO TE POR A SKETCH OF THE RELPII BOUNDARY LINE AD✓UST.V NT WITHIN BOWEN SUBDIVISION, SECTION 8, T 26 S. R 22 E. SLIM, MOAB CITY, GRAND COUNTY. UTAH PREPARED BY KEOGH LAND SURVEY/NC 0 IS EAST crAgz-/P Smarr MOAB, lJTAf/ BISi? DATE: 11-01-13 DRAWN BY: TMK 5 June 2014 Moab City Council 115 W 200 S Moab, UT 84532 RE: Lot Line Adjustment Dear Council Members, Since 1992 we have owned lots 5, 6 & 7 of the Bowen Subdivision. About 8 years ago, we requested, and City Council approved, adjusting the lots lines down to 2 properties (see attached survey). We then built a home at 607 Bowen Circle as approved through both the Building Dept and Planning Dept. We erected a fence to separate the properties as outlined in the survey. We also retained ownership of the home at 585 Bowen Circle and rented it to homeless disabled adults for seven years. In March, the renters all transitioned to subsidized housing and the house has been vacant since. Therefore, we plan to sell the property at 585 Bowen in June. Currently, Parcel A is 100' X 93 feet. We are requesting to adjust the rear lot line (North) to 104', making the lot size 104' x 93'. Parcel B will be 50' x 93' on the flag shaped section. (See attached survey update). Because we are selling, it is imperative that the lot lines are clear from the onset. I have reviewed the request with the City Planning office to assure it is within the required parameters. Thanks for your consideration. Sincerely, 100 vh 044 Sharon Relph 435-260-1759 Relph Boundary Line Adjustment 0 25 50 100 Feet 1 inch = 50 feet Bowen Circle