Laserfiche WebLink
Planning Director Stan Boling reviewed the facts for the Board and noted that a 10 - <br />foot right-of-way was previously dedicated to the County by the Segals. That right-of-way <br />has been returned by the County and the Segals believed that any setback situations had been <br />taken care of by the return of that right-of-way. The state advises that Murphy Deed <br />easements should be treated like drainage easements. Staff's position is that the policy of <br />the County is to treat the Murphy Deed Reservation as a road right-of-way. The Segals' <br />building permit has a 25 -foot setback noted but it was not until June of this year that staff <br />saw the relationship between the garage and the Murphy Deed Reservation. This will not <br />be a problem until the 43'd Avenue road widening is done when the probability arises of <br />purchasing right-of-way from neighbors on either side of the Segals. If 431 Avenue road <br />work is completed, there would only be 5 to 10 feet to this structure. <br />Responding to questions bythe Commissioners, Director Boling noted that one option <br />to prevent this occurrence in the future would be to do more title work countywide to see <br />what Murphy Deed Reservations remain in place. <br />Attorney Bruce Barkett explained that all of the reservation had previously been <br />released except for about 60 feet. He did not believe there was a safety issue as there will <br />only be a sidewalk next to the garage. The Segals will use their existing driveway and in <br />good faith had relied on the information they received at the time of their applications which <br />indicated they would be able to put the garage in that location. <br />Glenn Legwen, 5900 5" Street SW, suggested that the Murphy Deed matter be put <br />on a future agenda and discussed thoroughly. <br />Staff was directed to come back with recommendations to make sure this doesn't <br />happen again. <br />ON MOTION by Commissioner Adams, <br />SECONDED by Chairman Tippin, the Board <br />unanimously affirmed the current County policy <br />regarding Murphy Deed Reservation areas; but <br />permitted the appeal based on a finding that county <br />actions were relied upon by Stuart and Deborah <br />Segal to their detriment. <br />SEPTEMBER 1, 1998 <br />-77- BOOK u FnE,d <br />