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23-117-23 32 0U13, 14, and 15 are included in both Record Lots 16 <br />and 22. We will eventually be filing resolutions in the chain of <br />tjutle of each of Record Lots 16, 22, 70 and 71 to preclude their <br />future division and/or alert future buyers of the applicable <br />development restrictions. <br />The person who has purchased or will be purchasing Record <br />Lot #16, Mr. Jay Smedberg, questioned whether Lot C must be <br />included as part of Record Lot #16. Although the various parcels <br />making up Record Lot #16 were previously owned by Mr. Nelson, his <br />sister, and his mother, respectively, the Municipal Code clearly <br />states in Section 10.31, Subdivison 6 (A) that when contiguous <br />properties become commonly owned, they are by definition hence­ <br />forth considered as a single Record Lot. From a zoning stand­ <br />point Lot C is unquestionably part of Record Lot #16, cannot be a <br />separate Record Lot by itself, and will be treated as part of <br />Record Lot #16 regardless of Mr. Smedberg's objections. <br />As an aside to this subdivision for tax purposes, note that <br />neither Record Lots 16 or 22 have been formally acknowledged by <br />the property owner through the automatic variance resolutions and <br />special combinations. You may recall that in 1983 when the <br />ordinance was adopted, each Big Island property owner was given 6 <br />months to return the automatic lot area variance and combination <br />forms. Alan Olson waived this 6 month deadline for Mr. Nelson's <br />Record Lots 16 and 22 because certain included parcels were of <br />separate unrelated ownership and later negotiation resulted in an <br />agreement to create Record Lots 70 and 71 as stated above. It <br />would be appropriate now that the properties are being sold to <br />give the owners 6 months to complete the automatic lot area <br />variance and combination acknowledgements. If they do not <br />complete this paperwork, after 6 months they would lose the <br />opportunity to be granted the automatic variance and would have <br />to file a formal variance application in order to build on these <br />Record lots in the future. <br />Planning Commission recommended approval of this tax sub­ <br />division conditioned on the northerly lakeshore strip (Parcel A) <br />combining with Lots 9, 10, and 11 (Parcel C); and southerly <br />lakeshore strip (Parcel B) combining with Lots 6, 7, and 8. <br />Staff recommends approval of the subdivision per the <br />attached resolution.