Laserfiche WebLink
2_-117-23 32 0013, 14, and 15 are included in both Record Lots 16 <br />and 22. We will eventually be filing resolutions in the chain of <br />title of each of Record Lots 16, 22, 70 and 71 to r.recl:ude their <br />future division and/or alert future buyers of the applicably <br />development restrictions. <br />Tr. rson who has p, rchased or wi 11 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 />m:,king up Record Lot #16 were previously owned by Mr. Nelson, his <br />sister. and 1`­ mother., respectively, the Municipal Code clearly <br />states i 1 10.31, Subdivison 6 (A) that when contiguous <br />proper -it commonly owned, they are by definition hence- <br />for`.h con_ as a single Record Lot. From a zoning stand- <br />point Lot L, iquestionably part of Record Lot #16, cannot be <br />separate Pecs Lot by itself, and will be treated as part <br />Record Lot #1 i 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 havn been forT—illy acknowledged by <br />the property owner tnro,,lgh the automatic var nce 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 for area variance and combination <br />forms. Alar. 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 aLove. 't <br />would be appropriate now that the properties are bei:ig sol <br />give the owners 6 months to complete the itomatic lot <br />variance and cr-bination acknowledgements. If they do <br />complete this r rwo•k, after 6 months they would lose the <br />opportunity to be granted the a-t.omatic variance and would have <br />to file a formal 'variance appli: tion in order to build on these <br />Record Lots in the future. <br />Plannir,c : ommission recommended approval of this tax sub- <br />division cone. ned on she northerly lakeshore strip (Parcel A) <br />combining wits its 9, 10, e^,' 11 toarcel C); and southerly <br />lakess',ore stri. -1 B) combining with Lots 6, 7, and 8. <br />Staff r�cowmends bpproval of the subdivision per the <br />attachcd * asolution. <br />