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#06-3175 - Februlry 14,2006 Page 2 Background The Pierponts in September 2003 made application (File #2951) for a `subdivision of a lot line rearrangement' involving tax parcels 27-118-23-43-0016 (vacant lot at 1849 West Farm Road) and 27-118-23-44-0016 (existing residence at 1801 West F1rm Road). The intent was to separate a 56' wide strip from 1849 West Farin Road and attach it to 1801. The application necessarily also involved the vacation of existing drainage and utility easements along the existing common boundary, and rededication of new drainage and utility easements along the new coinmon boundary. The proposed subdivision and vacation were granted approval by the City Council on December 8, 2003 via City Council Resolutions No. 5091 and 5092 respectively. However, the approvals were not to take effect until the Pierponts obtained a Conditional Use Permit (CUP) for Plumbing in an Accessory Structure and removed the kitchen from the existing guest house at 1801 West Farm Road. Other conditions of approval to be met before the subdivision and easement vacation were allowed to be filed included: - a title opinion was to be provided to the City; - new drainage and utility easements were to be dedicated along the new lot line; and - the approvals expired if the subdivision and easement were not filed by Ji.uie 8, 2004. The Pierponts made application for Conditional Use Permit for Plumbing in an Accessory Structure on December 21, 2003. The application received Council approval on March 22, 2004 via Resolution No. 5129 per a nuniber of conditions, including removal of certain kitchen fixtures from the guest house, and acceptance of certain covenants related to use of the guest house. On March 24, 2004 the Pierponts were sent a notice of Council Action requesting that they sign the 3 original resolution copies at the City Offices. On July 27, 2004, James Pierpont signed the resolutions. On August 23, 2004, Judy Pierpont signed the resolutions and requested that the City make an inspection to confirm the plumbing had been successfiilly removed. The signatures and request for inspection came after the subdivision approval had already expired. As of late 2005, no City Inspector had made an inspection of the guest house pltiunbing to confirm removals. The Pierponts had never provided the City with the required title opinion nor the required replacement easement documentation. Due to expiration of the SL1�7CI1V1S10I1 approval, the excessive passage of time between the dates of the various approvals and the actual eaectrtion of the CUP documents and plumbing modifications, and due to lack of follow-up by the applicants with regard to the subdivision approval requirements, none of the resolutions had ever been forwarded to the City Attorney for filing. In November, 2005 the City received a request for a building permit for 1849 West Farm Road with a survey showing that property in its pre-subdivisioii, intact condition, not reflectizig any lot line rearrangement. City staff then requested that the purchaser of the property provide a copy of