04-26-1993 Council Packet - Laserfiche WebLink

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To: From: Date: Subject: Mayor Callahan & Or ^no Coundlmembers Ron Moorse. City Administrator Jeanne A. Mabuslh. Building & Zoning Administrator /kpril 22. 1993 COUNCIL APR 2 6 1993 CnYOFORONO #1813 Leonard Niska/Patrick Brickley. 2304/2308 Shady wood Road Class I Subdivision - Resolution Pertinent Ordinance Section 11.03 - Definition 65 (C). Subdivision required as lot line rearrangement involves two substandard properties. The application had originally been proposed before the Planning Commission as a Class I Subdivision involving the creation of a private easement to offset T encroachment of existing principal structure on property located at 2304 Shady wood Road. Additional Exhibits J - Kuhar Letter of April 16, 1993 K - Subdivision of a Lot Line Rearrangement Brief Review of Application and Planning Commission Recommendation Please review Exhibit J. Applicant’s attorney has requested Council’s review and action at the April 26th meeting because of pending sale of Niska property. T\» application v/as originally presented as a subdivision to create a private easement to offset T** encroachment of the residence structure on the Niska property. Although the easement was presented as a temporary solution while structure remained, the Planning Commission felt the tempor^ solution was not appropriate for a structure that would obviously remain for an indefinite period of time. Some members of the Commission questioned the City’s involvement in the creation of private easements. Staff advised the subdivision regulations require the City ’s approval of all private easements. The City has approved easements over encroaching driveways, planted/garden areas, retaining walls, etc. in the past. Staff cannot remember a subdivision application for an easement dealing with an encroachment of a structure. The Code provides no direction on this issue. Applicant s attorney Jayne Kuhar had advised that Mr Brickley did not wish to proc^ with the sale of land at the time of their earlier discussions. After Planninng Commission members had reviewed the benefits to Mr. Brickley of an equal exchange of land adjacent to the lot line. Mr Brickley concurred that a lot line rearrangement would be accepuble. Because of the need to proceed as quickly as possible so as not to endanger Mr. Niska s pending sale of his property, the Planning Commission recommended approval of the subdivision to correct the 7 encroachment as long as it was accomplished with a rearrangment of the lot line. The enclosed resolution has been drafted per the findings and conditions of the Planning Commission recommendation and is presented for Council s review and action. Isv