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To:Planning Commission Members <br />Fr<Michael P. Gaffron, Assistant Planning & Zoning Administrator <br />Date:August 14,1986 <br />Subject: #1056 Olai Hanson, 1390 Railroad Avenue <br />Variance - Continuation of Public Hearing <br />List of Exhibits <br />Exhibit A <br />Exhibit B <br />Planning Commission Minutes of 7/21/86 <br />Staff Memo and Exhibits of 7/17/86 Including <br />Additional Survey Exhibits D-2 and D-3 <br />This item was tabled at your July 21st meeting pending staff review of <br />the objection by Mr. Golden, the northerly neighbor, regarding conflicting <br />surveys . <br />Item 1 - Conflicting Survey r <br />Mr. Golden has submitted a survey dated in 1950 that shows his <br />property to wholly contain his garage with 2.7 feet of setback. A 1971 <br />survey submitted by Hanson shows Golden's garage 0.25 feet over the line <br />into Hanson's lot. The garage has not moved. <br />Item 2 - Lawsuit Ovei. Hanson's South Lot Line <br />In 1971, Mr. Hanson rued his neighbor LaQuey to the south because of a <br />similar conflict in lot lines. LaQuey apparently had a survey done which <br />showed his lot line overlapping onto what Hanson felt was his property <br />based on old survey stakes. The district court ruled that there was no <br />basis to revise anyone's legal description, no basis for "adverse <br />possession" and that the line as shown on LaQuey's newer survey would <br />stand. Hanson concurrently had his lot re-surveyed and it, too, showed <br />that the old stakes were apparently wrong. Mr. Hanson's new survey, as a <br />result, also showed that the old pins between Hanson and Golden were <br />apparently wrong. <br />Tiiem 3 - Golden's Objection Regarding Lot Line Location <br />Golden, in his objection, is relying on a 1950 survey which he <br />accepted as correctly representing his property boundaries when he bought <br />the property. He stated he was told by someone that his lot line was not <br />^>^anged as a result of Hansons suit with LaQuey. It is apparent that tie <br />legal descriptions did not change, but that the original survey pins <br />apparently were placed incorrectly based on a problem with a reference <br />point in Spates Avenue. <br />It is likely that if Mr. Golden would have a new survey done, it would <br />show the lot line consistent with Hanson's survey. It appears likely that <br />Golden's garage is over onto Hanson's property.