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BOOK 10F'�Gr tl P It should be noted that, even along county roads, the State alone has the authority to release Murphy Deed Reservation area The release request process involves formal application with the State. The State seeks county public works staff input for any release adjacent to a county road. It has been the State's practice to release reservation area along county roads, if the county supports such a release. Thus, the county has significant influence regarding such release requests. .Segal Property In 1944, the State issued a deed for the subject property. That deed contained a Murphy Deed Reservation that covered the eastern 75' of the subject property. In 1974, the State released the west 40' ofthat reservation. The result is that the east 35' ofthe subject property (equivalent to 60' from the center line of 43' Avenue tight -of -way) is covered by a Murphy Deed Reservation. •Chronology of Events The Segals' grievance arises from their attempt to have a detached garage built at their residence. The chronology of that project is as follows: Ednncary 16, 1998: On behalf of the Segals, builder Art Garcia applied for a building permit for a proposed two car detached garage. The submitted plot plan contained no survey or setback dimensions or information. Through the normal review process, planning staff (Eric Blad) checked for compliance with setback requirements. By redlining the plot plan, plamiing staff noted that a 15' minimum side yard setback is required and a 25' minimum front yard setback from the right-of-way is required. Planning staff also noted that a form board survey would be required prior to construction (pouring slab and vertical construction). A • le: At the request of the Segals, the Board of County Commissioners reconveyed a 10' strip of 43`a Avenue right-of-way to the Segals. That 10' strip overlapped the 60' wide Murphy Deed -of way mon area and was considered redundant by staff since the Murphy Deed area is treated as right-of-way. The Board's action specifically stated that the reconveyance "...has no effect on the 60' Murphy Deed reservation..." It appeared at that time that all parties were aware of the 60' wide reservation right-of-way area. ' June 10' Building permit is issued to the builder with setback notes. Site is prepared. June I V� Formboard survey is submitted, showing for the first time Murphy deed right-of- way information and an apparent encroachment of the proposed garage into the 25' from yard setback. Staff puts project on hold and contacts builder. ` Building, Planning, and engineering staff communicate with the builder and owners. June 17"': Planning Director Stan Boling firms and mails letter to Stuart Segal outlining setback requirements and options. One option includes requesting release of Murphy Deed right-of-way. * June 18th' Stuart Segal faxes a response to Stan Boling. ' Am 12; Stan Boling faxes and mails a response to Mr. Segal's response. ' July 2nd: Public Works Director Jim Davis sends a letter to Segals stating that the county cannot release any Murphy Deed right-of-way. ' July 10`6: Segals send letter of appeal to County Administrator James Chandler. ' Auger 4e: James Chandler sends letter to Segals denying appeal and upholding staff's position. ' 11'' Community Development Department staff sends response letter to Segals and schedules appeal for September 1° Board of County Commissioners meeting. In summary, the Segals seek to have the Board grant their appeal to overturn staff's decision and allow the Murphy Deed Reservation area that covers the eastern 35' of their property to Boum as setback area. Pursuant to the Provisions of county code section 100.06 (attached), the Board of County Commissioners is to consider the appeal and grant or deny it, with or without conditions. ANALYSIS Generally, the facts of the case are not in dispute. The dispute relates to the county's policy of trenting Murphy Deed Reservation areas the same as road rights-of_way. SEPTEMBER 1, 1998 -72-