HomeMy WebLinkAboutA004 - Council Action Form dated May 24, 2011 ITEM # 16
DATE 05-24-11
COUNCIL ACTION FORM
SUBJECT:PLAT OF SURVEY — 519 SOUTH 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: 519 South Duff Avenue
Assessor's Parcel #'s: 0911176005, 0911176020, 0911176035, 0911176040,
0911176050, 0911176060
Legal Description: Attached on proposed plat of survey
Owners: Nancy Bundy, Floyd Penkhus, Mark Penkhus, Stephen
Penkhus
Enclosed are copies of the existing conditions and the proposed plat of survey. Nancy
Bundy owns one parcel fee simple and the rest she has under contract from the other
owners. In order to combine, the ownership will have to be in one name first.
Pursuant to Section 23.307(4)(c), a preliminary decision of approval for the proposed plat of
survey has been rendered by the Planning & Housing Department, subject to the following
condition:
1. That prior to recordation, the applicant shall submit evidence to the Planning
Director that the buyer has acquired all parcels fee simple.
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.
1
❑ 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.
ALTERNATIVES:
1. The City Council can adopt the resolution approving the proposed plat of survey, which
combines five lots into one lot, 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, which
combines five lots into one lot, 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
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.
2
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