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Home My WebLink AboutA002 - Council Action Form dated April 26, 2011 ITEM # 31 DATE 04-26-11 COUNCIL ACTION FORM SUBJECT: PLAT OF SURVEY - 712 AND 718 DUFF AVENUE BACKGROUND: Application for a proposed plat of survey has been submitted for: ❑ Conveyance division of land (per Section 23.307) ® Boundary line adjustment (per Section 23.308) ❑ Re-plat to correct error (per Section 23.310) ❑ Auditor's plat (per Code of Iowa Section 354.15) The subject site is located at: Street Address: 712 and 718 Duff Avenue Assessor's Parcel #: 712 Duff Avenue: 09-02-401-120; 718 Duff Avenue: 09-02-401-130. Legal Description: See Attachment II Owner: 712 Duff Avenue: Sanjeevi Sivasankar and Ruth Embaie 718 Duff Avenue: Mary Sarah Bergh A copy of the proposed plat of survey is attached for Council consideration. Pursuant to Section 23.307(4)(c), a preliminary decision of approval for the proposed plat or survey has been rendered by the Planning & Housing Department, subject to the following conditions: 1. Update page 1 of the plat to show the existing electric utility easements along a portion of the north property line of Parcel A, a portion of the south property line of Parcel B, and the rear property line of both parcels; and a gas utility easement between parcel A and Parcel B. These are shown on the attachment. 2. Update the plat to include the signature block of the Planning and Housing Director. 1 The preliminary decision of approval requires all public improvements associated with and required for the proposed plat of survey be: ❑ Installed prior to creation and recordation of the official plat of survey and prior to issuance of zoning or building permits. ❑ Delayed, subject to an improvement guarantee as described in Section 23.409. ® Not Applicable. Under Section 23.307(5), the Council shall render by resolution a final decision of approval if the Council agrees with the Planning & Housing Director's preliminary decision. The proposed plat adjusts a property line between 712 and 718 Duff Avenue to clear an encroachment of a driveway and fence. The driveway and fence at 718 Duff Avenue extends about 2.5 feet onto 712 Duff Avenue. By adjusting the property line as shown on the plat, the encroachment is cleared up. However, the new property line places the house at 712 Duff Avenue 0.5 feet closer to the lot line than the setback requires. At their meeting of April 13, 2011, the Zoning Board of Adjustment granted an exception for a minor area modification pursuant to Section 29.1506. ALTERNATIVES: 1. The City Council can adopt the resolution approving the proposed plat of survey with the conditions noted if the Council agrees with the Planning & Housing Director's preliminary decision. 2. The City Council can deny the proposed plat of survey if the City Council finds that the requirements for plats of survey as described in Section 23.307 have not been satisfied. 3. The City Council can refer this back to staff and/or the owner for additional information. MANAGER'S RECOMMENDED ACTION: The Planning & Housing Director has determined that the proposed plat of survey satisfies all code requirements, and has accordingly rendered a preliminary decision to approve the proposed plat of survey. Therefore, it is the recommendation of the City Manager that the City Council act in accordance with Alternative#1,which is to adopt the resolution approving the proposed plat of survey. Approval of the resolution will allow the applicant to prepare the official plat of survey incorporating all conditions of approval specified in the resolution. It will further allow the prepared plat of survey to be reviewed and signed by the Planning & Housing Director confirming that it fully conforms to all conditions of approval. Once signed by the 2 Planning & Housing Director, the prepared plat of survey may then be signed by the surveyor, making it the official plat of survey, which may then be recorded in the office of the County Recorder. It should be noted that according to Section 23.307(10), the official plat of survey shall not be recognized as a binding plat of survey for permitting purposes until a copy of the signed and recorded plat of survey is filed with the Ames City Clerk's office, and a digital image in Adobe PDF format has been submitted to the Planning & Housing Department. 3 i ATTACHMENT I: GENERAL LOCATION •" r/ ;�'�i �, �✓c' it /_. '` m y a... P, w tu3 Mk- a j t Id�.F r " l�Y l 'vN 4> �' r II 5 /i r II E f.; ; i " v �f General Location i Feet [ 20 48 80 4 ATTACHMENT II: PROPOSED PLAT OF SURVEY(THREE PAGES _...... ............. . t s:� PLAT OF SURVEY VARCEL CPS x t I xr rem m,W4 Pi PL aL'ifii a, rA`i stYf;ft?L346rR E,'jiC1t NfY4YP:iI 'I VtAVI !IPi .. � wGj : t S F # g ',- h'tvfib,__ s � ..,... a �.a',3u�Al�tss'=�'�tt4Wi€sdsaYE:ils"�'fl3TFGt;%L [3C3"��3j?Yx4H�...'t*,":3�9'IEf:•.!. 3. w`S,�°!'�f3.h+9 r4 Ya'1a TYPr''#A afro YK:lYi'f�"�+stY';.�'+ .. • k+91,bx#,�Yi y�?t.�£:thYaE,Ft�"w"aHUkal i<3"1�C;,a"�;:= Al o"r 4nno 40Nit.tAbMC..6W1PWO-. ' iF a'r4:rXia P,tRipLL"1 #x g,W:-w, o .. �.e.,e,..e,.a.. e......y,.,.........» ..............._...._ �..w �.. - .,..m..,. ..... Y;fY NE",AWATtroATO 4 {E i E h�xiyy rxs°Y'rfj€i!b��q} k7�a r ryaiab�:7w7sax �# a cb �"' nya 0,1 tww W e°� f ri dk�s9.4v€fa as kkax t"U,inV,aac«,mox,,Ax 'yt, �13d z � tr✓� r �.� t �,ry r� .cyxT.�t,'"7.t v'„ _ ry. 5 t ....._.__.. I Flat of Survey Mary Sarah Bergh The South 50 feet of the West 180 feet of Lot Twelve(12), and a part of Lot Eleven (11)" AN in Block 01ne ), Iu `s ddition, in the City of Amps, Store County, Ewa; described as follows., "Beginning at the 30 thwe t(SW)corner of Lot Twelyt, (12), eto k One(1), Ire` dd,ftn, in the City of Ar`r`rius, Stopi County, to j�; thence tit Ql ' 10, ". W, 49,87 feet along the west line of said Lot 12; thence N 881 03' 1" E: 179,7 feet along the north line ut the South, 50 feet cat Lot 1'el- thenue S 01 ' ` 10' E, 51 79 feat along the east fine of the .pest 1 8Q feet of Lot 12, and the east line of Lots 11 and 12; thence S f3 " "090W, 34,96 fr�1., the nc� N 88, 4' 9"4' ,45,00 feet fo the Point of Beginning4 , ALTERNATE DESCRIPTION: ParcM; A': in Lot.Twelve (`t {, a-d a part of t. t Eleven (I I),- All In Bloch One (1), I ve's Addition. in the City of.Arnes, Story County, Iowa, as shown on the "flat ofSurvey" file; in the office of the Recorder of Story County, Iowa, on � 010 and recorded as Instrument# 0- on slide at Page _ P rce; rontains: 9,365 square Meet or 02151 Acres Net. N1 ,.,. The portlorr of Lot 11 tici be purchased, amounts to 388 square feet. B o-a 4 k p d den<-t ei �seI E., L, L jcen�,e Renewal 1 -31-1 1 CGi Consullants Page 2 of C`.f��sA-bile t 75441 (P rcel- .Bergh, es) Flat on page .1 6 D E S C RjRjLQ N PIzt of Survey Sanjeevi Sivas�ankar& Ruth Embaie Earcel "B"': Tilro North 15 feet of Lot Ter, (10), and a part of Lot Eleven 0 1); AN in Block One(1), Ive's Axliditt.on, in the City of Ames, Story County, Iowa-,describe'd as follows, "Bergeirninel at Vie Northwest (Wil)corner of tart Eleven f 11), Block One(1), Ive's Addivion, m thlo, City of Arnes, Story County, lmva: Itionce 5 G1 5V 08" E, 74.88 feet along, th.e west line of said Lots 1 Oand 11; thence f,' 88 CI'08" E, 179.96 feet along the south lino of the North 16 for-A of Lat '101 tbonoo N 01" 54'.60"W, 73,25 feet-along the east line of 11 Lots 10 and , thence S 817 35*09" W, 134,96 feel; thence N 886' 04'39" W, 45.00 feet to the Pol,nt e,)*, Beqinnina ,` ALTERN&TE P-.RU!ZjRL—T10W Parcel 'Vl- in Lot Ten(1011, and a part of Lot Eleven (11 1);A11 in Block One(1), Ive's Addition, in the City of Allies, Story County, lo)Na,: as shown on the"Plat of Survey"filed in the office of the Recorder of Story County, lov,&a, on 2010 aril recorded -)s frsl I trumen4 on <,,lide at Pig P,aucei (xn.Wins: 13,095 square� feet far,3006 Ar'les Net. '�c�-ineth�A"n�ssen P��(LS� License Renewal 12-31-11 0clober 4, 2010 CGA won sultants Page, 3 of 3 CGA-Ffle #75441 f Plat on page I 7