Two Carbon County residents seeking to make property lots more usable were presented with a legal description of the required process at Tuesday’s planning board meeting.
Deputy County Attorney Christian Bryner was on hand to detail property owners’ responsibilities and provide the legal name for lot line adjustments.
“It is called exchange of title,” said Bryner. “Property owners need approval in writing from all other people, property owners in the subdivision. If they don’t have the approvals a public hearing will have to be held concerning the change.”
Before proceeding with the title exchange requests, the board heard from county planning director Dave Levanger and zoning administrator Gayla Williams on what constitutes a subdivision.
There were questions whether an entire project would be considered a subdivision or if separate phases could be designated as subdivisions.
Levanger and Williams contended that each phase was a division.
“If you wanted to construe all the phases as one subdivision, I just don’t see how you can take it beyond a single plat,” said Levanger
Williams agreed with Levanger, indicating that each phase of project is filed separately.
Levanger told the board that each phase is covered under covenant codes and restrictions (CCNRs), which set the neighborhood standards.
“The CCNRs come from the developers and are an agreement that buyer will adhere to certain conditions, such as agreeing to paint in certain colors,” said Levanger on Wednesday.
After Bryner’s presentation at the meeting, the board heard two requests that exemplified both aspects of the process.
Mike Clark, who owns two lots in the Aspen Cove subdivision at Scofield Mountain Estates, requested an exchange of title to build a cabin on the upper side of the property. He explained that, the way the property lines are currently drawn, the only buildable spot is in an area that drops about 300 feet, and would require building a new road to reach the site.
Clark listened to Bryner’s explanation and commented on the signature process.
“Well, I own the lot right next to this one and I give myself approval,” said Clark.
However, despite the fact he is the owner on one side and his father-in-law the owner on another he said that he didn’t think it was feasible to get the signatures of the other 11 property owners in the subdivision.
Clark opted for the public hearing.
John Krum, the owner of two lots in the Grant Fausett subdivision, came before the board with a different problem, but the same request.
“Krum built his home on the wrong spot on the lot,” said Levanger.
After building the home, Krum found out the structure butted against his neighbor’s border. He requested the exchange of title to alleviate the situation. He said he had already contacted his neighbor – his father – about the change.
With a more manageable task of collecting signatures, Krum opted to get written approval and bypass a hearing.
The two requests were moved unanimously to the next process by the planning board.
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