2017-11-02 Hearing Transcript - PD Initiated Pre-Existing Lot Determination

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seem like it is a lot of record through the Planning Department even though we don't have a number to say that it was a legitimate subdivision. HENKEL: Okay, I'm a little more understanding now. I mean, I was wondering if there's such a place as Orchid Isle Subdivision. That's up near Volcano, I think, right? Orchid Isle Subdivision. GAGORIK: It's further, yeah, going up HENKEL: —And they've been paying taxes. There is some development even though it's probably substandard. GAGORIK: Yeah, right. HENKEL: Like the other 1960's subdivisions. And they have a road maintenance corporation probably? GAGORIK: Probably, most likely they'll have a road maintenance. And in the last maybe six months or so, we've had multiple requests from individuals where they will ask us can you determine if this is a lot of record, and when we go through all our files, we don't have any legitimate subdivision and we see that these individuals have—it's been owned by multiple people, there was a building permit taken out on this, they've been paying taxes all these years, and we actually had to say no, you're not a lot of record! And, it hurts us, too, as a planning department, but we have to follow the law, and that's why we wanted to add these conditions so that it would recognize those lots that are under these circumstances. CLARKSON: Well, what is a lot of record then? I mean, obviously, the Tax Department thought they were a lot. The Building Department thought they were a lot. The State thinks that they're a lot, the Bureau of Conveyances. What, what do theyso, the only difference between a lot and a lot of record is one that has a number assigned by the Planning Department? GAGORIK: And, there are other situations that are explained in this section of the Code also. Prior to the Subdivision Code becoming approved as through ordinance, there was a Traffic Commission way back in the forties that was under the Department of Public Works, and they approved subdivisions. So, there are some records with that, that we can go back to, but we don't have a complete record which is why we included that section to recognize that there may be some lots that were created before the Subdivision Code. But people have to come to us with background information to support their request that it would be a lot of record, and they usually have some deeds and things of that sort to recognize that the property had existed. CLARKSON: One more question. Then, why, why is it bad if you can sell it, you're getting taxed on it and all that other stuff, why do people need it to be a lot of record? Why do they want that title added to their property? EXHIBIT C 4