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Home My Public Portal AboutRES-CC-2014-36RESOLUTION #36-2014 A RESOLUTION APPROVING A TWO -LOT MINOR SUBDIVISION FOR LOT 13, BLOCK 10, MOAB TOWNSITE LOCATED IN THE R-3 ZONE AND OWNED BY CARMELITA HULSE WHEREAS, Carmelita Hulse at 136/146 S. 400 East, Moab, Utah 84532 as the "Owner" of Lot 13, Block 10, Moab Townsite and located known as 136/146 S. 400 East has applied for a two -lot minor subdivision of the .40 acre parcel described above; 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 Owner desires to retain a lot 8,991 square feet in size and create a second "flag lot" lot consisting of 8,280 square feet in size for construction of a single-family dwelling; and WHEREAS, the use is allowed in the R-3 Residential Zone; and WHEREAS, the Moab City Council ("Council"), in a regularly scheduled public meeting held on September 9, 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, 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 COUNCii.: THAT the application for the two -lot subdivision of 136/146 S. 400 East ishereby approved without conditions. ADOPTED AND APPROVED by action of the Moab City Council in open session this 9tn day of September, 2014. Rachel Stenta Moab City Recorder Doug McElhaney Mayor Pro-tem Resolution #36-2014 Fee - $ 100.00 plus $25.00 per amended lot or unit. Receipt No. PETITION TO VACATE, ALTER OR AMEND A SUBDIVISION PLAT Utah State Code 10-9a-608(2)(a) Applicant. CArl'A el � I-1. Ta enPhone. y 35 - d 60 -11616 Mailing Address: 136 o.A—h L{ Qu GAS E-mail. bh.dise. Qi.o,,A1-tcIn. not - Size of Properties: i 7, 1 / I Location of Affected Properties: 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: q " - `j AYOR) -! i t4)3 :� son' ATTEST: pRECORDER Rachel Stenta 67 Date Date PETITION TO VACATE, ALTER OR AMEND A SUBDMSION PLAT OWNERS: (.:/fin# Date .62-1-/t/ State of tJLA-a--\"• ) County of .JE/c-O(..4.4 ) Date page 2 . On the day of A t� , personally appeared before me CCU"-Y��c-� \ I' a (name of owner(s)) , who duly acknowledged to me that they executed the same. ROXIE ARTHUR Notary Public State of Utah My Commission Expires en: March 1, 2018 Comm. Number: 651781 My Commission Expires: 3 --�--�� Notary Public Residing in :):14 ? 1 - Date F- Date State of V-A--6, 1� ) County of ) On the day of .,4-�`s-(-- , personally appeared before me aa‘if (name of owner(s)) kkv..kSi , who duly acknowledged to me that they executed the same. ROXIE ARTHUR Notary Public State of Utah My Commission Expires on: March 1, 2016 Comm. Number: 651781 My Commission Expires: ��, Notary Public Residing in _4 rmiNrj,_ 0-0 us<V,y AGENDA SUMMARY MOAB CITY COUNCIL 1111.EET4NG —September gi 2014 [Title: Adoption of Council Resolution #36-2014 Approving a Two Lot Minor Subdivision of Property Located in the R-3 Zone at 136 South 400 East Staff Presenter(s): Jeff Reinhart, City Planner Department: Planning and Zoning Applicant: William and Carmelita Hulse PL-14.05 Agenda. Item #: 7-3 Background/Summary: This application is a request for creating two lots from a single lot located the west side of 400 East. The total area of the lot is 17,271 square feet and the division will create a flag lot consisting of 8,280 square feet and a lot consisting of 8,991 square feet that will front on 400 East. The lot sizes exceed the minimum lot size for the R-3zone. The request complies with State Code Chapter 10-9a-608(2) where the Land Use Authority (Council) can approve a subdivision 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. This requested minor subdivision meets the applicable requirements listed in state law and Moab Municipal Code Section 16.08.020 Exceptions --Final plat, that states, "In subdivisions of less than five lots, land may be sold after recording of a plat, if... Each lot within the subdivision meets the frontage width and area requirements of the zoning title or has been granted a variance from such requirements by the appeal authority." 1 Page 88 of 157 New Business - 7-3 Page 2 of 3 Options: Council may: 1. Approve the minor subdivision as submitted; 2. Postpone the petition if additional information is needed. Staff Recommendation: Staff recommends that this application be approved by Council because it satisfies the requirements of Utah State Code and the MMC. Recommended Motion: "I move to approve Resolution #36-2014 as submitted." Attachment(s): Copies of: Proposed plat Signed Petition to Vacate, Alter, or Amend a Subdivision Plat Aerial Resolution #36-2014 p:\planning department \2014\correspondence \p1-14-054 CC hulse 2lot minor.docx D CM CD n. a> Page 89 of 157 New Business - 7-3 22• 12,1 xu. 2.PC n.OEi,.J I.0 .cosa AXOJ avx, w/1 gLvlf '0N IAMIAJ IAMOCO vaalc2Avaaanlxos•1 ru0 a 104 �m+ou.roaw4 A•C--- f.01ia!J.47 001011103r "MALAWI 9001100 A110 0.41,9.0040000 •111•0 m1C9LtM 'SIATILY CSIXPLUG 110 1 0 i ,rlwG .Il124, >wl a1-Gfo weo, p, na TIFITII R!8 tAION21.1 OMI 26W 71Y111YG 0C/3 I L JONAI'MPG 52 A14W01 NQI-1/5 AO warn°.LQ01UO0; JW N. 611YJ01 r y.•m 7rlun.la fa,a.,off„•,�M CIO•.l««ON•,.f>ml>u,d•.,L,..y.111 Am1.,.1.6NU MI .n 0102161w1T AY1001»WPM. r-•w hm0i�.va mw U./W. 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