A. Purpose: The purpose of this Section is to allow administrative approval of changes to property boundaries in certain situations when such adjustments are likely to have no impact or minimal impacts on surrounding properties or the provision of public services.
B. Applicability: Changes may be made to the boundaries of platted lots without the necessity of replatting or vacation and platting only if the criteria below are met:
1. An engineering error was made on the original plat; or
2. No additional lot is being created and:
a. The proposed lotting pattern meets all requirements of this UDC including adequate setbacks and area requirements for any existing development;
b. The proposal has been properly submitted to the Manager and reviewed by all appropriate agencies, with no agency having objections to the adjustments;
c. Only two (2) whole platted lots or a platted lot and a platted tract may be involved in a single action. Neither lot involved may have received a prior Property Boundary/Lot Line Adjustment; or approval of issuance of Building Permit to previously platted lands; or a combination of lots for zoning purposes. The fifteen (15) percent limitation in Subsection e below may not be circumvented by submitting a series of Property Boundary/Lot Line Adjustment requests;
d. Actions requiring approval of both a Building Permit for previously platted lands and a Property Boundary/Lot Line Adjustment are prohibited, unless the Manager waives this limitation for lots located within an area of common or central ownership (such as a townhouse development);
e. In situations where the Property Boundary/Lot Line Adjustment is between a lot and a surrounding lot or platted tract, the surrounding lot or tract may receive as many adjustments as are necessary so as to allow each contained lot to be adjusted one time; and
f. No more than fifteen (15) percent of the area of any one platted lot is involved in the adjustment. Basic lot configurations cannot be changed through this process. For example, two (2) north-south oriented lots cannot be changed to two (2) east-west oriented lots. On a typical seventy (70) foot by one hundred and ten (110) foot residential lot, the procedure allows one side property line to be moved up to ten (10) feet, or an area of up to one thousand, one hundred (1,100) square feet to be changed. It does not allow a lot to be totally shifted ten (10) feet in one direction or another because such a shift involves a minimum of three (3) lots.
C. Property Boundary/Lot Line Adjustment Process
1. Application Submission: The applicant shall submit all of the following:
a. A completed application form, as required by the Manager, together with any applicable fees.
b. Proof of ownership of each of the lots involved and written concurrence of each of the owners with the proposed changes.
c. The number of copies of a certified property survey required by the Manager, which shall include:
(1) The subdivision name, lot(s) and block numbers, and the book and page of the recorded plat.
(2) All existing lot lines and easements with dimensions, taken from the instrument granting the easement, and the recording information (book and page or reception number) of that instrument.
(3) Adjacent rights-of-way with dimensions.
(4) All existing utilities.
(5) All existing structures that will remain, with dimensions to existing and proposed property lines.
(6) North arrow and scale.
(7) The City file number related to the Property Boundary/Lot Line Adjustment in the lower right-hand corner within the border.
(8) Information on all survey monuments recovered or set and used in determination of property boundaries.
(9) Approval statement per the Property Boundary Adjustment Application Requirements.
2. Distribution: The Manager shall date and file the application and within three (3) working days of submission shall transmit copies of the survey to the appropriate agencies for review, comment, and recommendations for compliance with their requirements.
3. Manager's Action: The Manager shall either approve or disapprove the request based on the provisions of Section 7.5.409 (General Criteria for Approval). The request shall be approved by signing a copy of the submitted survey. The signed copy of the Property Boundary Adjustment shall be recorded in the records of the El Paso County Clerk and Recorder. If the request is disapproved, the Manager shall notify the applicant with all reasons for denial clearly specified.
4. Easements: Existing platted easements adjacent to the property line being adjusted shall remain in their original locations as platted unless relocated or vacated by the City or the other applicable easement holder.
5. Transfer of Property: Approval of a property boundary adjustment does not transfer property between the two (2) affected property owners. The real estate transfer must be achieved through separate action by both property owners involved, such as a quitclaim or other deed. (Ord. 23-03)