S-08-41 Request for Property Line Correction.pdfIo c.1$g0
CITY OF EDMONDS
121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425) 771-0220 • FAX (425) 771-0221
Website: wwwxi.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
Planning • Building • Engineering
October 7, 2008
Mr. Travis Steichen
23419 M- 84`h Ave. W
Edmonds, WA 98026
Subject: REQUEST FOR EASTERN PROPERTY LINE CORRECTION
SHORT PLAT FILE NO. S-2008-41
Dear Mr. Steichen:
GARY HAAKENSON
MAYOR
During staff s review of your Iand use application to subdivide the property addressed 23419 84`h
Avenue West into two lots, it was noted that a correction to the location of the eastern boundary
of your property is required before staff can issue its preliminary determination.
The current legal description of your property is as follows: "The south 100 feet of the west 175
feet of the north 211.36 feet of the north one-half of Lot 25, Skeletons Lake McAller 5 Acre
Tracts, according to the plat thereof, recorded in volume 6 of plats, page 21, records of
Snohomish County, Washington." The survey by Mr. Greene that you submitted with your
application indicates that there is a 14.15 foot strip located between the eastern boundary of your
property (as described in the legal description) and the existing fence line. Mr. Greene indicated
on the survey that the previous owner of one of the adjacent lots to the east has agreed that the
eastern property line is in fact at the fence line. However, no recorded agreements were located
within the title report, and Mr. Greene indicated to me during a phone conversation today that no
formal agreement has been made.
Staff is unable to approve the proposed subdivision with the eastern boundary of the subject site
located along the fence line without sufficient evidence that the fence line has become your
actual property line. Therefore, your subdivision cannot be approved as proposed until one of
the following measures (or a combination thereof) are taken:
It appears that you would have enough lot area to base your subdivision on the lot
boundaries stated in your current legal description. If this is the case, you may have Mr.
Greene update the subdivision plans to show that the exterior boundaries of the
subdivision are the boundaries described in the current legal description (i.e. the line that
is indicated on the current survey as the "deed line" would be the eastern boundary of the
subject site). You would need to shift the location of the proposed property line and
access casement to ensure that both lots meet the RS -8 standards by being a minimum of
70 feet wide and 8,000 square feet in net lot area (excluding the area of the access
casement and the 5 -foot strip along the western property line that is being dedicated to
the City). Following the preliminary decision on your subdivision application, you
would be able to use the appropriate means to re -locate the eastern property line of Lot 2
to reflect the location agreed upon by yourself and the owners of the two adjacent
properties located to the east of your site.
• Incorporated August 11, I890 •
Sister City - Hekinan, Japan
You could submit an application for a lot line adjustment to move the eastern property
line to a location agreed upon by yourself and the owners of the two adjacent properties
located to the east of your site. Please note, however, that in order for the City to
approve a lot line adjustment, all lots involved would need to meet the minimum site
development standards for the RS -8 zone (i.e. the adjacent lots would need to maintain
8,000 square feet of net lot area and 70 feet of lot width and all existing structures would
need to meet applicable setbacks). It appears that the eastern boundary of your site may
not be able to be moved far enough to the east to line up with the existing fence line
through the lot line adjustment process because it may create a nonconforming situation
with one or both of the adjacent lots (i.e. the adjacent lots might not have enough net lot
area or lot width to be able to move the lot line to be in line with the fence and still meet
the RS -8 standards).
3. Pursuant to RCW 58.04.007, there are two possible procedures for resolving boundary
line disputes: (1) If all affected landowners agree to the location of the boundary, they
shall document the agreement in a written instrument, using appropriate legal
descriptions and including a survey map, and record it in accordance with the RCW
requirements; or, (2) If all the affected landowners cannot agree to the boundary between
two or more parcels, any one of them may being suit for determination as provided in
RCW 58.04.020.
Refer to RCW 58.04.007 for further information on the applicable procedures. If you
choose to resolve the boundary line dispute in the above manner, you will need to submit
evidence of compliance with RCW 58.04.007.
Please note that staff will be unable to continue processing your subdivision application until the
location of the eastern boundary of the subject site is corrected following one of the above
methods. You are welcome to contact me for further information on your options.
If you have any questions, do not hesitate to contact me at (425) 771-0220, extension 1224.
Sincerely,
Development Services Department - Planning Division
Jen Machuga
Planner
Cc: File No. S-2008-41