HomeMy WebLinkAbout210426_109 E Hyman Ave_Condo Plat Vacation staff findingsExhibit A: Staff Findings
Sec. 26.480.050. - Administrative subdivisions.
The following types of subdivision shall be approved, approved with conditions, or denied by
the Community Development Director, pursuant to Section 26.480.030 - Procedures for
Review, and the standards and limitations of each type of subdivision, described below:
(a) Condominiumization. A subdivision to establish, amend, or vacate separate ownership
interests of a single property in a Condominium or Common Ownership Interest Community
form of ownership shall be approved, approved with conditions, or denied by the Community
Development Director. Condominiumization shall be limited to allocating ownership interests
of a single parcel and shall not effect a division of the parcel into multiple lots, an aggregation
of the parcel with other lands, a change in use of the property, and shall not operate as an
abatement of other applicable regulations affecting the property. The Director shall review the
condominiumization plat pursuant to Section 26.480.030, Procedures for Review, and
according to the following standards:
(1) The Condominium Plat is in an acceptable style and format as prescribed in Title
29—Engineering Design Standards, Plats.
(2) The Condominium Plat shall be reviewed and then recorded in the office of the
Pitkin County Clerk and Recorder. No subdivision agreement need be prepared or
entered into between the applicant and the City unless the Community Development
Director determines such an agreement is necessary.
Staff Findings: The request is to vacate the Condominium Plat, as permitted under the City’s
Condominiumization language. The current use on the property is a single family home,
which is allowed in the Residential Multi-Family (RMF) Zone District. This use no longer
requires a condominium plat to divide ownership interests. Staff finds these criteria are met.
Sec. 26.480.090. - Subdivision amendments.
(e) Plat Vacation. Vacation of an approved plat or any other document recorded in conjunction
with a plat shall be reviewed by the individual or review body established in this Chapter as
having jurisdiction for approving the plat or document. The individual or review body shall
apply the applicable standards of review established in this Chapter and shall also consider
whether the applicant has demonstrated good cause. If no review body has established
jurisdiction, the document may be vacated by the City Council if good cause is demonstrated.
Staff Findings: Condominium plats are reviewed administratively, and are intended to divide
ownership interests in a property. The property was original developed in the 1950s and have
been remodeled over time, including the creation of a condominium in 1989. In 2018 the
property was purchased by a single owner and converted to a single-family home. This
property no longer includes multiple owners or units on the property, so the need for a
Condomiunium Plat and associated documents is no longer needed. Staff finds this criterion
is met.