Chapter 16.10
LOT BOUNDARY ADJUSTMENTS
Sections:
16.10.040 Application and fees.
16.10.050 Time frame for approval.
16.10.080 Criteria for approval.
16.10.020 Purpose.
The purpose of this chapter is to provide a method for summary approval of lot boundary adjustments between platted or unplatted lots or both, which do not create any additional lot, tract, parcel, site or division containing insufficient area and dimension to meet minimum requirements for width and area for a building site, while insuring that such lot boundary adjustment satisfies public concerns of health, safety and welfare. (Ord. 693 § 1, 1994)
16.10.030 Processes.
Boundary line adjustments are not project permits, as defined in RCW 36.70B.040(4). Boundary line permits shall be processed in accordance with the procedures for Type II permits as contained in CHMC Title 19. (Ord. 835 § 2, 2001; Ord. 739 § 4, 1996)
16.10.040 Application and fees.
Boundary line adjustment applications shall be submitted to the city clerk for review and approval by the administrator, together with four copies of the entire contiguous tract owned by the applicant, and all information requested for short plat applications, as described in CHMC 16.12.070 and 16.12.080. In addition, the applicant shall submit a nonrefundable application fee, as established by city resolution. These fees will be used for administrative costs incurred by the city, and are not refundable. The applicant shall be responsible for all engineering, legal and other consulting fees and costs incurred by the city to the extent said fees and costs exceed the application fees, and the applicant shall be advised of the costs by the city clerk. The applicant shall pay such costs before the boundary line adjustment is recorded by the city clerk pursuant to CHMC 16.10.120. (Ord. 695 § 1, 1994; Ord. 693 § 1, 1994)
16.10.050 Time frame for approval.
The administrator shall approve, disapprove or return the lot line adjustment in compliance with this chapter to the applicant within 30 days of the filing thereof, unless the applicant consents to an extension of the time period. (Ord. 714 § 1, 1995)
16.10.060 Notice.
A. Posting. Three notices of the proposed boundary line adjustment shall be posted in conspicuous places or adjacent to the subject land or property, and a copy of such notice also shall be posted in a conspicuous place at the City Hall.
B. Mailed Notice. Postcard notices shall be sent to the owners of all real property within a radius of 300 feet of the subject land or property. The requirement of this subsection shall be satisfied if notices are mailed to the person or persons shown to be the owners of such property on the records pertaining thereto in the office of the King County department of records and elections, and if mailed to the last address of such record owner known to the applicant. If the owner of the real property subject to the boundary line adjustment owns another parcel or parcels of real property which lie adjacent to the real property subject to the boundary line adjustment, notice under this section shall be given to owners of real property located within 300 feet of any portion of the boundaries of such adjacently owned parcels of real property owned by the owner of the real property to be subdivided.
C. Time of Notice. All posted notices shall be posted not less than seven days after application has been made with the city for the boundary line adjustment.
D. Form of Notice. Mailed and posted notices shall state the name and street address of the applicant, the legal description of the property involved, and describe the general nature of the boundary line requested. All posted notice also shall contain a sketch of all property within a radius of 300 feet from the property involved, and the sketch shall identify clearly the property subject to the boundary line adjustment. No such sketch or drawing shall be required on mailed notices.
E. Proof of Notice. The aforementioned mailed and posted notice requirements shall be carried out by the applicant and prior to the administrator’s decision on the boundary line adjustment, the applicant shall file with the administrator an affidavit showing compliance with this notice condition.
F. Expense of Notice. All expenses involved in carrying out the conditions and requirements of this section shall be borne by the applicant. (Ord. 693 § 1, 1994)
16.10.080 Criteria for approval.
The city administrator shall approve an application for a lot boundary adjustment if it is determined that:
A. No additional lot, tract, parcel, site or division will be created by the proposed adjustment;
B. No lot is created which contains insufficient area and dimensions to meet the minimum requirements of the zone in which the lots affected are situated;
C. No lot is created which does not have adequate drainage, water supply and sanitary sewage disposal, and access for vehicles, utilities and fire protection;
D. The lot boundary adjustment is consistent with the applicable provisions of the city’s zoning code. (Ord. 693 § 1, 1994)
16.10.100 Appeals.
Any person aggrieved by the decision of the administrator to approve or disapprove a proposed boundary line adjustment may appeal the decision to the council within 10 days following issuance of the decision. Upon receipt of the appeal, appeal fee and costs as established by city resolution, the council shall, at its next public hearing, set the date for the public meeting where it will consider the appeal. The council shall consider the matter de novo and may affirm or reverse the administrator’s decision or may remand the application to the administrator with instructions to approve or disapprove the same. (Ord. 695 § 2, 1994; Ord. 693 § 1, 1994)
16.10.120 Recordation.
The original approved boundary line adjustment shall be filed for record by the city clerk, and shall not be deemed “approved” until so filed. One reproducible copy and one paper copy shall be furnished by the applicant to the city clerk, and one paper copy shall be filed with the county assessor. (Ord. 693 § 1, 1994)