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An existing fence sits along the proposed divisions line which helps define the separation between the neighboring uses. The subdivision would split the property north of the fence to be recombined with 3929 Fordham Drive, and leave the remainder including and south of the fence to the Village Commons. The fence (along with an existing sign identifying Village Commons would remain on the property owned and maintained by Village Commons Homeowners Association. The subdivision reflects the existing uses of the parcel in question, and does not impact zoning requirements for either of the projects. It has the effect of increasing the usable lot size for the owners of 3929 Fordham Drive NE, and only negligibly impacts the density calculations for Village Commons. The transferred area is approximately 2,600 square feet in area, approximately 2 percent of the Village Commons ownership area. The land area owned by Village Commons is still just over 10,000 gross square feet per acre after the transfer. As noted above, staff recommends approval for the lot split and recombination as shown in the applicants’ application, with the conditions that the subdivision and recombination are recorded concurrently so as to ensure that the newly subdivided portion of Outlot D is not able to be conveyed separately. 1. Representative Codes Referenced. Title XV Land Usage, Chapter 151.08 Subdivision Code (Subdivision Without Platting) 2. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 151.08 Subdivision Code, lists the criteria the City Council must consider in determining whether to consider a subdivision without platting, as follows: “ . . . compliance with the platting requirements would create an unnecessary hardship or expense because of the nature of the subdivision, and failure to require the filing of a plat does not interfere with the purposes of this subchapter. The City Council may consider the number of parcels resulting from the subdivision, the complexity of the legal descriptions, the necessity for dedication of streets or drainage and utility casements, and the probability of future subdivision of the parcels.” SUMMARY AND STAFF RECOMMENDATIONS Application 1. Staff recommends approval of the subdivision and combination with the following conditions: A. The subdivision is completed as shown on the survey dated September 25, 2018, updated per staff, and included as a part of the application dated May 14, 2019. B. The north 20 feet of Outlot D are concurrently combined with the northerly abutting parcel at 3929 Fordham Drive NE, and are not conveyed separately to any other party. 29