PC 04/13/1994 - Laserfiche WebLink

r- In response to Commissioner Wright, Mr. Vella advised that when Dr. Henstorf strung a line indicating the property line he discovered the Vella house was encroaching in the setback. Mr. Vella stated that the plans show the property line going through the wrong sewer. A discussion ensued regarding the fact that there are two sewer lines located close together, and a mistake had been made in plotting the building pad and setback with the wrong sewer line. In response to Chairman McGuirk, Mr. Vella stated they knew of the problem before February 24th, and it was pointed out by Dr. Henstorf. Commissioner Finch was concerned that a sewer line was used as a point of reference instead of a survey marker. Terry Townsend, 3007 Staples Ranch Drive, architect for the Vellas, stated that the referenced sewer is a storm drain inlet. The mistake was made when a mark on the storm drain was used instead of using the mark on the curb. Chairman McGuirk stated the reason of the hearing was to mitigate the problem, not to place blame. Dr. Ian Henstorf, 413 Los Rios Ct., provided copies and entered into the record his statement dated April 13, 1994. Dr. Henstorf reviewed his offers to the Vellas which included purchasing his lot at cost. A $50,000 offer to buy the 5 foot piece of property was part of an offer of deeding the 5 foot strip of property to the Vellas, with the provision that when Mr. Vella had his permanent financing in place, and if Dr. Henstorf had sold the remaining portion of his parcel, Dr. Henstorf would discount to the Vellas the land at the price he had sold the remaining portion. The Vellas rejected this offer. Dr. Henstorf then discounted the price to $24,000, (1200 sq ft of land, and his cost is $10 per sq it) $12,000 in actual cost of the land and $12,000 for the time lost in selling the land, his expenses incurred, as well as the carrying cost and depreciation the 1200 sq ft area to the remainder of the property. Dr. Henstorf feels Mr. Vella should have had his lot surveyed before starting construction because the lot line is clearly etched in the curb. Dr. Henstorf has taken his property off the market because the issue of the setback encroachment has raised concern with potential buyers. He has not started his own construction because one option the Vellas have is to purchase the entire lot. He stated there is no land available on the west side of the lot for the owners to trade, and the City has rejected the idea of relocating the driveway to the opposite side of the house. Dr. Henstorf is sorry this situation has occurred but feels it is inappropriate to grant a modification to the PUD to resolve the problem. Clarifying a submitted picture to Commissioner Michelotti, Dr. Henstorf stated the picture illustrates the sidewalk etching and lot number markings on the sidewalk. He also stated 2x4 stakes were driven into the ground at those markings, although the marker for the Vellas property was knocked down for a short period of time when the sewer lines were tied in. Planning Commission Minutes Page 4 April 13, 1994