HomeMy Public PortalAboutRES-CC-2014-35RESOLUTION #35-2014
A RESOLUTION APPROVING A REQUESTED BOUNDARY LINE REMOVAL
BETWEEN LOTS 28A AND 28B, PHASE 2 OF THE PRESERVE SUBDIVISION
WHEREAS, Preserve of Moab, Utah, LLC represented by "Owners", Dennis and Patricia Byrd,
at 850 Byrd Avenue, Moab, Utah 84532, applied to merge Lots 28A and 28B 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
September 9, 2014, reviewed the proposal under 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
applicable 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 28A and 28B of The
Preserve, Phase 2, is hereby approved without conditions.
ADOPTED AND APPROVED by action of the Moab City Council in open session this
9t" day of September, 2014.
Resolution #35-2014 Page 1 of 2
ATTEST:
Rachel Stenta
Moab City._Recorder
Resolution #20-2014 Page 2 of 2
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Doug cElhaney
Mayor Pro-tem
Fee - $100.00 plus $25.00 per
amended lot or on* ov
156 :—
Receipt No. l 26[ `f l
PETITION TO VACATE, ALTER OR AMEND
A SUBDIVISION PLAT
Utah State Code 10-9a-608(2)(a)
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Applicant�9(6�5\ii .,��( 1kAOGU U °�JS CUSO 2S41Z
Mailing Address: c6F-C-) d 0 .,Q, E-mail: PbO\O\ e(
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Size of Properties: 10 1 UOt (� 1 60 t)eo. .
Location of Affected Properties: c60k 3 ( LOA 2S ZeD
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.
PE I 1 I lON TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT page 2
DATE OF CITY COUNCIL APPROVAL: - q i
Date
ATTEST:
CITY RECORDER
9-w-1/f
Rachel Stenta
State of
County of
Date
Date
, personally appeared before me tQ,nn'S rd� i‘r
On the 2� day of
(name of own�r(s))
0,j 'F a\-r: g ro\ , who duly acknowledged to me that they executed the same.
My Commission Expires: Ilo
r:
OWNERS:
Notary Public
Residing in
DANIELLE GUERRERO
4 _- : Notary Public I
State of Utah
il �^' Comm. No. 661693
'"" •"' My Comm. Expires Dec 28, 2016
Date
MOAB CITY COUNCIL MEETING
September g, 2014— I
[Title: Adoption of Council Resolution #35-2014 Approving a Petition to Vacate a Lot Line
Between Lots 28A and 28B of Phase 2 of the Preserve (809 and 813 Palisade Drive)
Staff Presenter(s): Jeff Reinhart, City Planner
Department: Planning and Zoning
Applicant: Patricia and Dennis Byrd
PL-14-055
Agenda 1tem
#: 7-2
Background/Summary:
This application is a request to vacate the lot line between two undeveloped "twin Home" lots,
combining them to create one lot for construction of a single family dwelling. The amended lot size of
10,016 square feet exceeds the R-2 zone minimum lot area requirement of 5,000 square feet.
The request fully complies with State Code Chapter 10-9a-608(2) that 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.
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Options:
Council may:
i. Approve the removal of the lot line as submitted;
2. Table the petition if additional information is needed.
Staff Recommendation: Staff recommends that Resolution #20-2014 be adopted to approve the
application for combining Lots 28A and 28B because it satisfies the requirements of Utah State Code
and the Moab Municipal Code.
Recommended Motion: "I move to approve Resolution #35-2014 approving the removal of the
property line as requested by Patricia and Dennis Byrd."
Attachment(s): Copies of: Proposed plat
Signed Petition to Vacate, Alter, or Amend a Subdivision Plat
Aerial
Resolution #35-2014
p:\planning department \2014\correspondence \p1-14-055 lot 28 bla.docz
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