Chapter 17.14
BOUNDARY LINE ADJUSTMENTS AND ELIMINATIONS
Sections:
17.14.030 Preliminary consultation with staff.
17.14.040 Application and review procedures.
17.14.060 Approval criteria – Boundary line adjustment.
17.14.065 Approval criteria – Boundary line elimination.
17.14.010 Purpose and scope.
The purpose of a boundary (lot) line adjustment is to allow for the modification of common property lines between adjacent lots, tracts, or parcels in order to resolve boundary disputes, correct property line or setback encroachments, create better lot design, improve access, or accommodate a minor transfer of land. The purpose of a boundary (lot) line elimination is to dissolve intermediate boundary lines between two or more lots under the same ownership, typically to prevent buildings from being constructed on top of the lot line. The adjustment or elimination process shall not create any additional lots, tracts, or parcels, nor shall it create a buildable lot from a parcel not originally intended to be buildable (i.e., special tracts, slivers, etc.). All resulting lots, tracts or parcels shall contain sufficient area and dimension to meet minimum current requirements for zoning and building purposes. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.020 Procedure.
EMC Title 15 establishes permit procedures, including those for boundary line adjustments (Type I permits). Any procedures contained in this chapter are additional to those of EMC Title 15. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.030 Preliminary consultation with staff.
It is recommended that any person desiring to change the location of a lot line first consult with the community development department, and then provide materials for an informal staff review of the proposal prior to submitting the formal application. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.040 Application and review procedures.
Lot line adjustment and elimination applications shall consist of the completed application form, evidence of separate lot creation, title certificates, information on other related permits, two paper copies of the survey map, and a nonrefundable fee. The community development and public works departments will review the submittal in accordance with EMC Title 15 and will require corrections as necessary. Once all required corrections are complete, the city will request that a final mylar survey map be provided for signatures of approval. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.050 Survey map.
The required survey map shall be prepared by a professional land surveyor licensed in the state of Washington. The map shall be prepared in accordance with the survey and recording requirements of Chapter 58.09 RCW and Chapter 332-130 WAC or as amended, and must conform to the Survey Recording Act. The final recording mylar originals shall measure 18 inches by 24 inches in a landscape orientation, and shall have a two-inch margin on the left and one-half-inch margins on the remaining sides. The survey map shall contain all the information required by WAC 332-130-050, and shall be drawn to an appropriate engineering scale (i.e., one inch equals 10 feet; one inch equals 20 feet, etc.) with a north arrow, bar scale, and basis of bearings identified, and shall include the following information:
A. Property line codes: thin dashed for existing and bold solid for proposed. (Right-of-way lines should be a thicker bold line than interior bold lines.)
B. Bearings and distances of all existing and proposed lot lines.
C. Adjacent street names and locations.
D. Existing encumbrances, easements, or restrictions (see title report).
E. Existing structures and distances to property lines.
F. Existing wells, septic tanks and/or drain fields; and distances to property lines.
G. Identify parcels as Lot A, Lot B, etc., so they match proposed legal descriptions.
H. Lot area (square feet) of proposed lots.
I. Significant topographic features such as cliffs, ravines, creeks, rivers, and swamps.
J. If the property is within the jurisdiction of the Shoreline Management Act, the map page should also include:
1. Location of water body and ordinary high water mark (OHWM). On rivers and streams, indicate top of bank (OHWM), floodway, and 100-year floodplain.
2. Location of any improvements (bulkheads, docks, etc.).
3. Shoreline environmental designation, i.e., urban, rural, conservancy or natural.
K. Building setback envelopes (for proposed lots): thin dashed line.
L. Legal descriptions for all existing and proposed parcels.
M. For lot line eliminations only, restrictive covenant language as provided by the city engineering division. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.060 Approval criteria – Boundary line adjustment.
The city may approve an application, provided the following criteria are met:
A. Per RCW 58.17.04(6), the lot line adjustment shall not result in the creation of any additional tract, lot, parcel, site or division nor create any lot, tract, parcel, site or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
B. The property being transferred within the lot line adjustment shall be combined with the benefiting parcel;
C. The lots, tracts, or parcels resulting after the lot line adjustment shall meet all dimensional requirements specified for the applicable zone as outlined in EMC Title 18;
D. All lots modified by the lot line adjustment procedures shall have legal access meeting the standards of the city of Enumclaw;
E. The lot line adjustment shall not violate an applicable requirement or condition of a previous land use action, subdivision, or short plat;
F. All lot line adjustments shall be recorded surveys consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC or as amended. (Ord. 2316 § 2 (Exh. A), 2006).
17.14.065 Approval criteria – Boundary line elimination.*
A. The lot line elimination shall not violate an applicable requirement or condition of a previous land use action, subdivision, or short plat;
B. The lot line elimination shall be a recorded survey consistent with the requirements of Chapter 58.09 RCW and Chapter 332-130 WAC.
C. The lot line elimination shall include restrictive covenant language as provided by the city engineering division. (Ord. 2316 § 2 (Exh. A), 2006).
*Code reviser’s note: Ord. 2316 added this section as 17.14.060. It has been editorially renumbered to avoid duplication of numbering.
17.14.070 Recording.
The boundary line adjustment does not become effective until it and the appropriate deeds are recorded with the King County office of records and elections. It is the responsibility of the applicant to deliver the city-approved mylar, other required documents, and appropriate county-required fees to King County for recording. The applicant shall also be responsible for returning a copy of the recorded documents to the city. Please note that the recording of a boundary line adjustment does not constitute a transfer of title. If the title to an area of land is changing ownership, separate deeds to this effect must be recorded with the King County department of assessment. (Ord. 2316 § 2 (Exh. A), 2006).