HomeMy WebLinkAboutordinance.council.037-81 RECORD OF PROCEEDINGS 100 Leaves
FOR~ 50 C, F, HO£CKEL B. B. & L. CO.
ORDINANCE 'NO. 37
(Series of 1981)
AN ORDINANCE AMENDING SECTIONS 20-19 and 20-5(d) OF THE MUNICIPAL
CODE' OF THE CITY OF ASPEN BY THE ADDI.~ION OF CRITERIA FOR GRANTING
EXCEPTIONS FROM THE SUBDIVISION RESULATIONS FOR PURPOSE OF
ADJUSTING A LOT LINE BETWEEN ADJACENT PARCELS OR nots' WHICH MAy BE
UNDER INDIVIDUAL OR SEPARATE OWNERSHIP ~
WHEREAS, by Resolution No. 81-7, the Planning and Zoning Com-
mission has recoi~mtended to the City Council that the Subdivision
Regulations be amended so as to establish more specific criteria
for the granting of exceptions for the purpose of adjusting a lot
line between adjacent parcels or lots which may be under indi-
vidual or separate ownership, and
WHEREAS, t'he City Council desires to accept the recon~nenda-
tions of the Planning and ZOning Commission as set forth in Reso-
lution No. 81-7 and amend Sections 20-19' and 20-5(d) of the Muni-
cipal Code of the City of Aspen by the addition or criteria for
granting exceptions from the subdivision regulations for purposes
of adjusting a lot line betWeen adjacent parcels .or lots which may
be under individual or separate ownership.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 20-19 of the Municipal Code of the City of Aspen
entitled "Exceptions and Exemptions" be and the same is hereby
amended by the addition of a new subsection (4) to subsection (a),
which shall read as follows:
(4)
In addition to other exceptions which may be granted
pursuant to this Section, exceptions may be granted for
the purpose of adjusting a lot line between adjacent
parcels or lots which may be under individual or separ-
ate ownership if the following conditions are met:
(i)
The applicant demonstrates that the purpose of the
request is to correct an engineering or survey
error in a recorded plat, to permit a boundary
change between consenting adjacent landoWners
FORM 5(~ C.F. HOECKEL 8. B. & L. CO.
RECORD OF PROCEEDINGS
100 Leaves
or to address specific hardship, provided that the
corrected plat meets the standards of the Code at
the time of the request; and
(ii)
The adjustment will not directly or indirectly
affect the development rights or permitted density
on the property by providing the opportunity to
create a new lot or parcel for development or re-
sale purposes. It may be considered sufficient
proof that the application will not affect the
development rights or permitted density of the pro-
perty if the applicant documents that the lands in
question are fully developed under existing zoning
and will not change in development status due to
the adjustment; or if the applicant agrees to com-
pete under the GMP for any development rights
beyond the existing level of development on the
newly created lots or parcels; and
(iii)
Subsequent to tt]e ad3ustment, the parcels or lots
will continue to conform to the underlying area and
bulk requirements of the zone district. In cases
of an existing non-conforming lot, the adjustment
shall not increase the non-conformity of the re-
suiting lots or parcels; and
(iv)
The applicant otherwise complies with all appli-
cable zoning and subdivision regulations of the
City of Aspen."
Section 2
That Section 20-5(d) of the Municipal Code of the City of
Aspen entitled "Compliance" be and the same is hereby amended by
the addition of the following language at the end of such section.
"(See also, Section 20-19(a) (4).)"
Section 3
If any provision of this ordinance or the application thereof
to any person or circumstance is held invalid, such invalidity
snail not affect other provisions or application of the ordinance
which can be given effect without the invalid provision or appli-
cation, and to this end the provisions of this ordinance are
declared to De severable.
2
FOR~ 50 C, F. HOECXEL B. B. & L. CO,
RECORD OF PROCEEDINGS
100 Leaves
Section 4
That a public hearing be held on this ordinance on the ~
, day of ~:~C~ha~ , i981, at 5;00 P.M. in
the City hers, ~pen City Hall, ~pen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of ~pen, Colorado, at its regular
meeting held at the City of Aspen on ~~~ --
1981.
Herman Edel
Mayor
ATTEST: .
C1 y ·
FINALLY adopted, passed and approved on the~/
, 1981.
~ He~man ~
Mayor
day of
ATTEST:
3
FORM 50 C, F. HOECKEL B. B. & L. CO.
RECORD OF PROCEEDINGS
100 Leaves
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in full, and passed on
reading at a regular meeting of the city Council of the
City of Aspen on
19~,
and
published
in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
___~._, !9.F/,__ and was finally adopted
issue
of
and approved at a regular meeting of the City Council on
~~~~j~__, 19~, and ordered published as
Ordinance No. ~~ , Series of 19~, of said City, as
provided by law.
IN WITNESS ~HEREO I have hereunto set my hand and
r, ~ this j~
the seal of said City of Aspen, ,~o~orado,
day of ~,
1.9
~City Cler
Deputy City Clerk