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TO: The Honorable Members DATE: March 7, 1985 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: REQUEST TO E THE SUBJECT: APPLICATION WOFVCERTAIN Robert M. Ke tin AICP SUBDIVISION REQUIRE - Planning & Devel REQUIRE - 119 Director MENTS ON PROPERTY OWN- ED BY DAN POWELL THROUGH: Mary Jane V. Goetzfried Chief, Current Development Section FROM: E. Stan Boling �� REFERENCES: Dann Powell Staff Planner It is requested that the following information be given formal consideration by the Board of County Commissioners at their regular meeting on March 20, 1985. DESCRIPTION AND CONDITIONS: At its regular meeting of January 2, 1985, the Board of County Commissioners heard a request from Mr. Dan Powell to allow him to continue to create and sell lots shown on an unrecorded survey of his property. The Board determined that the current subdivision ordinance had to be applied, and it directed Mr. Powell to apply for variances or waivers if conditions warranted deviation from specific portions of the subdivision ordinance. In March of 1983, Mr. Powell had the subject property, located at the 16th Street S.W./4th Avenue intersection, surveyed as eight lots by Carter Associates, Inc. At that time, no survey or separate deeds were recorded, and no plat was submitted for County approval. Subsequently, three of the lots were sold off by metes and bounds descriptions based on the survey. Two of these lots were sold after adoption of the new subdivision ordinance (83-24) on July 20, 1983. These two lots and the remaining parent parcel constitute a subdivision (3 or more subdivided parcels) according to ordinance 83-24. In November of 1984, staff discovered that this three lot subdivision had been illegally created, and that the owner had a survey describing an eight lot subdivision. On November 14, 1984, staff sent a letter to Mr. Powell ex- plaining that he had created an illegal subdivision. The letter stated that Mr. Powell would either have to re -combine lots to fall below the three lot subdivision "threshold" or plat the subdivided property. Mr. Powell is now asking that the Board waive the require- ments of Section 9 and Section 7 except 7f-3 through 7f-11 of the County's Subdivision and Platting ordinance. Thus, the request is to waive the provision or construction of any required subdivision improvements and all platting proce- dures except those required for final plat. This would enable Mr. Powell to plat the lots as surveyed without provision for improvements, and it would resolve his subdi- vision ordinance violation. ALTERNATIVES AND ANALYSIS According to Section 11 of the subdivision ordinance, the Board may not waive requirements of the ordinance unless it finds all of the following: 31 MAR 2 0 1985 BOOK 60 F,�E 207