Request for council action on replacing a resolution

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REQUEST FOR COUNCIL ACTION Date: April 12, 2010 Item No. � Department Approval: Agenda Section: Planning Department Report Name: Evelyn Turner e� Title: City Planner Item Description: 700 Big Island—Resolution Replacing Resolution No. 1557 (Granting a Lot Area Variance) - Resolution List of Exhibits: A. Replacement Resolution B. Resolution No. 1557 Summary: Council is requested to adopt a resolution to replace Resolution No. 1557 Background: On September 26, 1983 ,as part of the first batch of"automatic lot area variances" for properties on Big Island, Council adopted Resolution No. 1557 relating to Record Lot No. 9 or, as it is also known, 700 Big Island. As part of the review of Big Island files the original of the resolution was found but there was nothing to indicate it had been recorded. The City Attorney's office found that the resolution had not been recorded. The City Attorney reviewed the document and found it unrecordable because the property owner in 1983 is not the current property owner and there are several errors in the resolution. A new, recordable replacement resolution is required. The variance was granted and remains valid. The attached resolution affirms the variance and explains the situation of Resolution No. 1557. The two conditions still applicable are noted. The name and signature of the owner is not included. They are not necessary to record the resolution. (The same practice was followed on the resolutions for the variances recently granted based on applications that were found unprocessed many years after they were submitted.) COUNCIL ACTION REQUESTED Adopt or amend the attached replacement resolution.