06-08-1987 Council Packet - Laserfiche WebLink

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To: Planning Commission Members From: Michael P. Gaffron, Assistant Planning 6 Zoning Administrator Date: August 14,1986 Subject: #1056 Olai Hanson, 1390 Railroad Avenue - Variance - Continuation of Public Hearing List of Exhibits Exhibit A - Planning Commission Minutes of 7/21/86 Exhibit B - Staff Memo a.id Exhibits of 7/17/86 Including Additional. Survey Exhibit.-, D-2 and ^-3 This item was tabled at your July 21st meeting pending staff review of the objection by Mr. Golden, the northerly neighbor, regarding conflicting surveys. Item 1 - Conflicting Surveys Mr. Golden has submitted a survey dated in 1950 that shows his property to wholly contain his garage with 2.7 feet of setback. A 1971 survey submitted by Hanson • '^ows Golden's garage 0.25 feet over the line into Hanson's lot. The garagt- has not moved. Item 2 - Lawsuit Over Hanson's South Lot Line In 1971, Mr. Hanson sued his neighbor LaQuey to the south because of a similar conflict in lot lines. LaQuey apparently had a survey done which showed his lot l ' overlapp, o what Hanson felt was his property based on old su• takes. The district court ruled that there was no basis to revise ne's legal description, no basis for "adverse possession" ancl, he line as shown on LaQuey's newer survey would stand. Hanson ccr ntly had his lot re -surveyed and it, too, showed that the old stake., a apparently wrong. Mr. Hanson's new survey, as a result, also showea fiat the old pins between Hanson and Golden were apparently wrong. Item 3 - Golden's Objection Regarding Lot Line Location Golden, in his objection, is relying on a 1950 survey which he accepted as correctly represer,"ing his property boundaries when he bought the property. He stated he was told by someone that his lot line was not changed as a result of Hansons suit with LaQuey. It is apparent that the legal description., did not .--hange, but that the original survey pins apparently were placed incc actl- based on a problem with a reference point in Spates Avenue. It is likely that if Mr. Golden wculd have a neN survey done it -ould show the lot line consistent with Hanson's survey. It appears l.kely that Golden's garage is over onto Hanson's property.