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HomeMy WebLinkAboutA017 - Email correspondence regarding written record on decision for Northwood Heights plat restriction Judy K Parks/COA To Jeff D Benson/COA@COA 10/07/2009 04:37 PM cc bcc Subject Re: need written record on decision Northwood Heights plat restriction Jeff- Thank you for forwarding to me the letter from the Northwood Heights HOA concerning their action regarding the plat restriction noted on the plat of Northwood Heights 3rd Addition. You had requested an written opinion indicating whether that restriction imposes an impediment to approval of the proposed 4th Addition, and if so, what is needed to change that restriction to resolve it so that the matter can proceed forward for City Council consideration. You had also asked if what has been furnished is sufficient documentation. By way of background, when Northwood Heights 3rd Addition was platted,three parcels were involved, Lots 1, 2, and Outlot A. The properties included in.that plat were owned by two owners.The Northwood Heights Homeowners Association owned Outlot A and still does. The other two lots, Lots 1 and 2, were then and.are still owned by Hunziker Land Development.At the time the 3rd Addition was platted, all parties to that plat agreed to inclusion of a plat restriction, noted on the face of the plat, that specifically restricted the owners of Lots 1 and 2 from any further subdivisions of their lots. Northwood's 4th Addition is now proposed, which is a subdivision that would, if approved,further divide Lots 1 and 2. Since this would be in apparent contradiction to the limitation agreed to and placed on the 3rd addition plat, it was my determination that the City should not recommend approval of the 4th Addition unless and until there was evidence that the restriction had been changed in a way which would allow the subdivision. I advised that the City-needed documentation from the landowners who agreed to place the restriction there in the first place that they now have agreed to change it. The two landowners who agreed to place the restriction on the plat of the 3rd Addition were Hunziker Land Development and the Northwood Heights Homeowners Association. Hunziker Land has implicitly agreed to have the restriction changed, as it is made application expressly seeking the further division of Lots 1 and 2. The City has recently been provided with a letter from the owner of the other lot, the HOA,as owner of Outlot A,which documents that the governing body of the Homeowners Association has met and approved the division of Lots 1 and 2 as shown on the proposed plat of Northwoods 4th Addition. The Board took this action subject only to being able to review the final documentation. Based on what has been provided, it is my opinion that the City has documentation that establishes consent of thedandowners has been given to change the restriction which was placed on the 3rd Addition plat. This resolves the issue of the plat restriction so that this matter can move forward in the process toward consideration by the City Council. Judy Parks, Asst City Attorney Jeff D Benson/COA Jeff D Benson/COA 10/02/2009 12:10 PM To Judy K Parks/COA@COA cc Subject need written record on decision Northwood Heights plat restriction by October 8 The Planning and Zoning Commission recommendation on Northwood Heights-4th Preliminary Plat included the condition that"a clear resolution regarding the plat restriction of Northwood Heights, 3rd addition on further division of lots be determined by the City Attorney prior to the Preliminary Plat for Northwood Heights 4th Addition moving forward to City Council." Can you please provide me a written record of that decision that I can attach to the Council Action Form, by October 8 for the Friday packet next week? Perhaps you can also address the letter we received from the HOA(e-mailed yesterday)as fulfilling our requirement.