Agenda Packets - 1991/05/06 - Laserfiche WebLink

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MEMORANDUM Memo To :Paul Harrington, Planning Technician From :Ric Minetor, City Engineer/Director of Public Works Date :April 17, 1991 Subject :Lot Split for Newton Property I have reviewed the Certificate of Survey and a number of items need to be addressed prior to approval of this lot split. The first item of concern is the obvious overlap of the garage onto the City' park land. It is my understanding that this park land was originally donated by the Newton family and the encroachment of the garage and also a garden plot have continued under an informal agreement. The encroaching garage obviously can not meet the side yard setback requirement, but a more important concern is the legal concerns of this encroachment. At the very least, an agreement between the current owner and the City should be drawn up to document the encroachment and provide for a future resolution. This could be a requirement that should there be extensive damage the garage would be rebuilt at proper setbacks and that no structural changes or improvements be allowed to the existing garage. A copy of the deed to this property should be provided to the City for review. The following issue may be already resolved, but without the deed this can not be determined. The Certificate of survey indicates that the portion of Tract A that is a part of lot 68, Auditor's Subdivision No. 89 extends to the center of Fairchild Avenue. Also Tract B is shown to extend into Groveland Road. A separate warranty deed for the 30 feet of Fairchild Avenue and the 8 feet of Groveland Road running in favor of the City should be •rovided •rior to a••roval of this lot split. A 10 foot utility easement runs through Gustafson's 1st Addition centered on the rear lot lines. This easement should be extended along the rear lot lines of this lot split. The lot areas should be listed on the certificate of survey. Current ownership of the parcels should also be shown. It may be appropriate to require this lot split to be platted due to the need to address the street right-of-ways and easements. This is dependent on the language in the deed.