The unit of land staff refers to is shown on the Schirmer Satre graphic attached to the March 21, <br />2018 Staff memo, which also is attached to the March 3, 2017 application letter from this office. <br />That unit of land is one of a number of tracts shown on the Schirmer Satre graphic as being <br />within "Presumed Legal Lot Lines." <br />In rebuttal of this staff theory, the applicant provided more information about this unit of land <br />(the "Staff Partition Tract") in the Schirmer Satre letter of March 30 and Hearing Exhibit X <br />(Dreyer Legal Lot Research 2015 Table and Graphic) that was submitted with that letter. That <br />information shows that: the Staff Partition Tract is 1.48 acres in size; it is entirely below the 900- <br />foot elevation; and it extends from Capital Drive on the west to the Ribbon Trail on the east. The <br />Schirmer Satre letter of March 30 explains that the average slope along the southern boundary of <br />the tract is 37.39 percent. <br />Hearing Exhibit X explains the basis for the "Presumed Legal Lot Lines" information appearing <br />on the graphic. It is "legacy" information from initial site planning. Early site planning efforts <br />investigated the possibility of developing the site using existing Legal Lots, which would be <br />moved about with property line adjustments. Based on deed research, a Table was prepared <br />showing possible legal lots based on subdivision and deed history. A copy of that Table and <br />associated mapping is included with Hearing Exhibit X. The Staff Partition Tract is shown on <br />the Table and related graphic. <br />As explained in the Schirmer Satre March 30 letter, planning for site development by adjusting <br />the lines of existing legal lots was abandoned in 2015 after the City Council adopted Ordinance <br />No. 20526, which limits any property line adjustments in this particular neighborhood to just 5 <br />feet per year. See Ordinance No. 20526 (March 12, 2014), codified at EC 9.8415(6). "Within <br />the R-1 zone in the city-recognized boundaries of * * * Fairmount Neighbors * * * property lines <br />may only be adjusted up to 5 feet, measured perpendicularly from the current location of the <br />property line." By restricting property line adjustments to a mere 5 feet per year, the City <br />Council effectively forced the owners into the PUD process for any appreciable residential <br />development. The early planning for the site never got to verifying the legal lots. However, all <br />of the basic information about potential legal lots got carried forward to this application. Thus, <br />the "Presumed Legal Lot Lines" information is shown on the Site Plan. See Schirmer Satre <br />March 30 letter for details. <br />Hearing Exhibit X shows that the Staff Partition Tract is just a portion of Lot 5 in the "Plat of <br />Capital Hill," recorded January 12, 1912. There is no evidence of a subdivision or partition that <br />created the Staff Partition Tract as a discrete, lawful unit of land. The Staff Partition Tract has <br />no record of being conveyed as a discrete unit of land. It is a part of Tax Lot 201. Tax Lots 100 <br />and 201 were annexed in 2014. See Hearing Exhibit W, Annexation Res. No. 5122 (Oct. 27, <br />2014), submitted with the Schirmer Satre March 30 letter. Staff have not shown that the Staff <br />Partition Tract has any record of having been reviewed by the City and verified as a Legal Lot in <br />the meaning of the code definition of "Legal Lot" in EC 9.0500, which is: <br />"Legal Lot. A lot of record that has boundary lines that were established: <br />APP C - Final Argument 4.6.2018 <br />