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HomeMy WebLinkAboutS-1213 Staff AnalysisSeptember 3, 1998 ITEM NO.: 21 FILE NO.: S-12 NAME: Reif - Waiver of Subdivision Requirement LOCATION: 819 N. Pine Street DEVELOPER• ENGINEER• Mike and Ellen Reif S. Davis Consulting 819 N. Pine Street 5301 West 8th Street Little Rock, AR 72205 Little Rock, AR 72204 AREA: 0.23 Acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING: R-3 PLANNING DISTRICT: 4 CENSUS TRACT• 15 VARIANCES/WAIVERS REQUESTED: 1. Waiver of the requirement to subdivide property. A. BACKGROUND• In July of 1995, Mike and Ellen Reif, owners of Lot 3, Whitlock's Replat (of Lots 4-9, Block 13, Pulaski Heights Addition) purchased a 12 foot by 86 foot portion of Lot 2, Willock's Replat from Tom and Cathie St. Amour, the then owners of Lot 2 (Deed instrument 95-41380). A replat was never filed recognizing this purchase. The remainder of Lot 2 has since been sold to a new owner, Denise Greenwald. On March 30, 1998, the Board of Adjustment approved front and side yard setback variances for additions to the existing residence on Lot 3. The proposed addition to the south side of the structure extends into the 12 foot by 86 foot portion of Lot 2. During review of the item, staff noted that a replat would need to be done, recognizing the 1995 purchase of the portion of Lot 2, before a building permit can be issued. The Reifs have compiled the necessary documents to file the replat. However, Ms. Greenwood, the new owner of Lot 2 will not sign the replat nor the Bill of Assurance and refuses to be a party to the replat. September 3, 1998 SUBDIVISION ITEM NO.: 21 Cont. FILE NO.: 5-1213 Therefore, one of two things can be done at this point: 1. The City can pursue the subdivision violation against Ms. Greenwood, or 2. The Planning Commission can recommend a waiver of the required replat to the City Board of Directors. B. PROPOSAL: Mike and Ellen Reif request that the Planning Commission recommend a waiver of the required replat to the City Board and that the City not pursue the subdivision violation against Ms. Greenwood. C. ANALYSIS: A minor replat such as this would typically be handled at staff level. Due to the fact that the new owner of Lot 2 will not sign the replat nor the Bill of Assurance, a staff - level replat cannot be accomplished. Since the current property owner of Lot 2 was not directly responsible for the illegal subdivision, staff can support the waiver request. The net outcome will be that the Reif's property will be held under two separate deed instruments. D. STAFF RECOMMENDATIONS: Staff recommends approval of the waiver of required subdivision (replatting) of Lots 2 and 3, Willock's Replat (of Lots 4-9, Block 13, Pulaski Heights Addition to the City of Little Rock). An ordinance dealing with the waiver will be required to be filed with the County Recorder so as to assure that future title work on the property reflects the waiver. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 1998) Staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the within the Consent Agenda for approval A motion to that effect was made. The 10 ayes, 0 nays and 1 absent. Commission for inclusion as recommended by staff. motion passed by a vote of 2 City of Little Rock Department of ann ng and DevelopmentPlanning Zoning and 723 West Markham Subdivision Little Rock, Arkansas 72201-1334 13 (501) 371-4790 Mike and Ellen Reif 819 N. Pine Street Little Rock, AR 72205 Date: September 11 1998 Dear Mr. and Mrs. Reif: Re: Case No. S-1213 Location: 819 N. Pine Street Waiver of Subdivision Recruirement This is to advise you that in connection with your application case no. S-1213, the following action was taken by the Planning Commission at its meeting on September 3, 1998. (a) (b) Approved with conditions. Recommended approval with conditions. Recommended approval as submitted. Denied your request as submitted. Deferred to Other: Meeting. Your proposal will be submitted to the Board of Directors for its consideration at its meeting October 6, 1998. If you have any questions, please call me at 371-4792. Sincerely, Monte Moore, Subdivision Administrator Department of Planning and Development MM/aa FILE NO.: S-1213 NAME: Reif - Waiver of Subdivision Requirement LOCATION: 819 N. Pine Street DEVELOPER• ENGINEER: Mike and Ellen Reif S. Davis Consulting 819 N. Pine Street 5301 West 8th Street Little Rock, AR 72205 Little Rock, AR 72204 AREA: 0.23 Acre NUMBER OF LOTS: 2 FT. NEW STREET: 0 ZONING• R-3 PLANNING DISTRICT: 4 CENSUS TRACT• 15 VARIANCES/WAIVERS REQUESTED: 1. Waiver of the requirement to subdivide property. A. BACKGROUND• In July of 1995, Mike and Ellen Reif, owners of Lot 3, Whitlock's Replat (of Lots 4-9, Block 13, Pulaski Heights Addition) purchased a 12 foot by 86 foot portion of Lot 2, Willock's Replat from Tom and Cathie St. Amour, the then owners of Lot 2 (Deed instrument 95-41380). A replat was never filed recognizing this purchase. The remainder of Lot 2 has since been sold to a new owner, Denise Greenwald. On March 30, 1998, the Board of Adjustment approved front and side yard setback variances for additions to the existing residence on Lot 3. The proposed addition to the south side of the structure extends into the 12 foot by 86 foot portion of Lot 2. During review of the item, staff noted that a replat would need to be done, recognizing the 1995 purchase of the portion of Lot 2, before a building permit can be issued. The Reifs have compiled the necessary documents to file the replat. However, Ms. Greenwood, the new owner of Lot 2 will not sign the replat nor the Bill of Assurance and refuses to be a party to the replat. FILE NO.: 5-1213 Cont. Therefore, one of two things can be done at this point: 1. The City can pursue the subdivision violation against Ms. Greenwood, or 2. The Planning Commission can recommend a waiver of the required replat to the City Board of Directors. B. PROPOSAL: Mike and Ellen Reif request that the Planning Commission recommend a waiver of the required replat to the City Board and that the City not pursue the subdivision violation against Ms. Greenwood. C. ANALYSIS• A minor replat such as this would typically be handled at staff level. Due to the fact that the new owner of Lot 2 will not sign the replat nor the Bill of Assurance, a staff - level replat cannot be accomplished. Since the current property owner of Lot 2 was not directly responsible for the illegal subdivision, staff can support the waiver request. The net outcome will be that the Reif's property will be held under two separate deed instruments. D. STAFF RECOMMENDATIONS: Staff recommends approval of the waiver of required subdivision (replatting) of Lots 2 and 3, Willock's Replat (of Lots 4-9, Block 13, Pulaski Heights Addition to the City of Little Rock). An ordinance dealing with the waiver will be required to be filed with the County Recorder so as to assure that future title work on the property reflects the waiver. PLANNING COMMISSION ACTION: (SEPTEMBER 3, 1998) Staff presented a positive recommendation on this application, as there were no further issues for resolution. There were no objectors to this matter. The Chairman placed the item before the within the Consent Agenda for approval A motion to that effect was made. The 10 ayes, 0 nays and 1 absent. Commission for inclusion as recommended by staff. motion passed by a vote of KI