HomeMy WebLinkAboutresolution.council.012-81RECORD OF PROCEEDINGS
100 Leaves
RESOLUTION NO.
(Series of 1981)
A RESOLUTION APPROVING THE QUILLEN CONCEPTUAL pRESENTATION
TO RELOCATE AN EXISTING PROPERTY LINE BETWEEN LOTS 11 AND 12,
BLOCK ~, RED BUTTE SUBDIVISION
WHEREAS, Parker and Joan Quillen have presented to the City
Council a conceptual subdivision application to relocate an exist-
ing property xine b~tween Lots li and 12, Block 1, Red Butte Sub-
division, and
WHEREAS, the Aspen Planning and Zoning Commission der, led the
aforesaid application on the grounds that the applicants' ex-
pressed intent is to eventually create a third lot with a single-
family exemption from the Growth Management Quota System throug~ a
two-step subdivision process and, even though the application
otherwise complies with the subdivision regulations, such result
would be, as a ~aatter o~ policy, inconsistent with tbe intent of
the subdivision regulations, and
WHEREAS, the City Council is advised that the enabling sec-
tion of the subdivision regulations, Section 20-2, may be resorted
to for justifying a denial of the said application on policy
grounds, and
WHEREAS, applicant Parker Quil±en has co~]enced litigation
against the City of Aspen, the Planning and Zoning Co~nission, the
~ormer City Attorney~ Ronald Stock, and other City employees,
seeking a court order directing the approval of the subdivision
applicatlon and monetary dama9es, alleging that he was misled into
purchasing part of the real etate in question upon the representa-
tion of the former City Attorney that an exentption to the Growth
Management Quota Systen~ could be accomplished by a two-step sub-
divlslon process, and
RECORD OF PROCEEDINGS
100 Leaves
WHEREAS, the applicants have represented to the City Council
that the said lawsuit will be wit~%drawn and deemed settled if the
subdivision is approved, as indicated by the conditional release
annexed ~lereto, and
WHEREAS, the City Council is advised that notwithstanding the
policy considerations pronounced by the Aspen Planning and Zoning
Commission, the aforesaid subdivision application otherwise meetS
the requirements of the Aspen subdivision regulations, and
WHEREASw in view of the applicantS' representations to the
City Council that they were misled into purchasing the property by
the former City Attorney's assurance that an exemption to the
Growth Management Quota System could be accomplished by a two-step
subdivision process, it is the desire ot the City Council to
approve the aforesaid subdivision on the express condition that
the pending lawsuit and all claims arising thereunder and in con-
nection therewith be deemed settled.
NOW,
TBEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLOKADO:
Section 1
That Parker and Joan Quii±en's conceptual presentation to re-
locate the existing property line between Lots 11 and 12, Block 1,
Red Butte Subdivision, be and the same is hereby approved, subject
to the express condition that the pending lawsuit and all claims
be withdrawn and settled with pre3udice against
arising thereunder
the applicantS.
Section 2
That t~e Aspen Planning and Zoning Co~nission shall be
advised, by the forwarding of a copy of this resolution, that it
is the desire of the City Council that the pending lawsuit and ali
claims in connection t~erewith be resolved by the approval of the
RECORD OF PROCEEDINGS
100 Leaves
subGlvislon application and that the Planning and Zoning Commis-
sion, notwithstanding the policy considerations which can be
the preliminary
the application
resorted to for denying the application, approve
presentation upon sufficient demonstration that
complies with existing subdivision regulations.
Dated: ~~
I, Kathryn S.
the City of Aspen,
a true and accurate copy of that resolution
Council of the City of Aspen, Colorado,
day of
Mayor
Koch, duly appointed and acting City Clerk of
Colorado, hereby certify that the foregoing is
adopted by the City
at a meeting held on the
, 1981.
City Clerk