Chapter 17.04
BOUNDARY LINE ADJUSTMENTS

Sections:

17.04.010    Applicability.

17.04.020    Administration.

17.04.030    Criteria.

17.04.040    Application.

17.04.050    Review and approval.

17.04.010 Applicability.

Every division made for the purpose of adjusting boundary lines between platted or unplatted lots or both, which does not create any additional lot, tract, 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 shall proceed in compliance with this chapter. [Ord. 1223 § 1, 2004.]

17.04.020 Administration.

The administration of this chapter is set forth within the provisions of this chapter and LMC Title 21. The director is vested with the duty of administering and interpreting the provisions of this title and with the authority to summarily approve or disapprove all proposed boundary line adjustments. [Ord. 1223 § 1, 2004.]

17.04.030 Criteria.

All boundary line adjustment requests shall be subject to the following limitations:

A. A boundary line adjustment shall not result in the creation of any additional lots, sites, tracts, or parcels;

B. A boundary line adjustment shall not result in the entire relocation of lots, sites, tracts, or parcels from one area to another (lots may be reoriented);

C. A boundary line adjustment shall not violate or be inconsistent with any conditions of approval for a previously filed plat, short plat, or binding site plan;

D. No lot shall be reconfigured or adjusted which would render access for vehicles, utilities, fire protection, or existing easements impractical to serve their purpose;

E. Lots which do not contain the original dimensions and location as shown on the official plat or deed which would qualify them for “lot of record” status may be boundary line adjusted and developed pursuant to LMC 18.68.030;

F. No lot to result from the boundary line adjustment shall be smaller than the minimum lot size required by LMC Title 18, in effect at the time the application is filed, except as follows:

1. Nonconforming historical lots retaining 75 percent of the original lot area, as addressed in LMC 18.68.030; or

2. Whenever any one or more lots involved in the proposed change are smaller than the allowable minimum size, the change may be approved so long as no resulting lot is smaller than the smallest of the existing lots;

G. The boundary line adjustment process shall not be used to adjust easements, utilities, or other nonproperty line features;

H. A boundary line adjustment approved by the city of Leavenworth is not to be construed as a statement as to the lot’s suitability for building purposes. [Ord. 1694 § 1 (Att. A-1), 2024; Ord. 1268 (Exh. D), 2005; Ord. 1223 § 1, 2004.]

17.04.040 Application.

An applicant shall submit a complete boundary line adjustment application to the community development director. A complete application for the purposes of this chapter shall consist of the following:

A. A fully completed and signed boundary line adjustment application form provided by the community development department that contains the following information:

1. When the lots are not under a common ownership, then the application must be signed by those individuals or corporations holding any ownership or security interest;

2. When the lots are under a common ownership (single ownership), no individuals (excepting the single owner) or corporations holding any ownership or security interest (financial institute) authorization is required;

3. The names, addresses, and telephone numbers of all persons holding interest in the land;

4. The existing and proposed legal descriptions of the affected lots;

5. The assessor’s tax parcel numbers;

6. A brief narrative description of the proposed boundary line adjustment;

7. A scale drawing of the existing and proposed boundary lines. Existing boundary lines shall be shown as dashed lines, and proposed boundary lines shown as solid lines. The drawing shall also include all lot measurements in feet, zoning designation(s), existing and proposed lot areas, location of all existing improvements such as buildings, roads, easements, and other pertinent features; and

8. A signed, dated, and notarized statement of consent and waiver of claims; and statement of authorization to pursue and obtain approval for a BLA;

B. Application fees;

C. A current assessor’s parcel map of all properties involved;

D. A plat certificate issued within the preceding 30 days that includes confirmation that the title to the lands as described and shown on said boundary line adjustment is vested in the owners whose names appear on the plat certificate and that includes any easements or restrictions affecting the property; and

E. Recording fees payable to the Chelan County auditor. [Ord. 1429 § 1 (Att. A), 2012; Ord. 1223 § 1, 2004.]

17.04.050 Review and approval.

A. Upon submittal and acceptance of a complete application, the director shall review the boundary line adjustment and determine if it contains sufficient information to furnish a basis for a decision, in conformance with LMC 17.04.020. The director may refer the request out to other agencies that, in his/her judgment, may have a jurisdictional issue or other input or information that bears directly on the application. Referral agencies, if any, shall have 14 days to comment on the application. Their failure to respond within the referral period will be considered as their having no comment on the application as submitted.

B. The director shall approve the boundary line adjustment when found to be in conformance with the criteria outlined in LMC 17.04.030. Immediately following approval, the boundary line adjustment shall be filed with the appropriate deeds with the Chelan County auditor. [Ord. 1223 § 1, 2004.]