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HomeMy WebLinkAboutresolution.apz.001-86RESOLUTION OF THE ASPEN PLAHNII~ AND ZONIN~ COHHISSION RECOIOIHNDII~ THieF CITY COUNCIL AMEND THE BLIGIBIL1TY RI~UIREMENTS FOR THE GHP EXEMPTION FOR LOT SPLITS Resolution No. 86- ; W~EREAS, at a meeting on September 23, 1985 and in response to a request by a member of the public, the Aspen City Council did initiate an amendment to the Municipal Code of the City of Aspen to eliminate the requirement that there must be a pre-existing dwelling unit on a parcel of land in order to be eligible for a lot split GMP exemption; and W~EREAS, the Aspen Planning and Zoning Commission (hereinafter "Commission") did hold a public hearing on January 7, 1986 to consider the amendment initiated by Council and the recommended modification initiated by the Planning Office; and WHEREAS, the Commission did accept the recommendation of the Planning Office with respect to the proposed amendment of eliminating the existing dwelling unit requirement for lot splits of original townsite and early addition lots, while also eliminating the ability for parcels in newer subdivisions and annexed areas to be eligible for the lot split GMP exemption altogether, as a result of having made the following 1. findings: The splitting of merged lots in the original townsite and subsequent additions has minimal growth and development impacts. Permitting a GMP exemption for this activity provides a pressure relief value from the merger provisions of the Code. However, requiring a pre-existing unit on the lot to have it split may cause speculative development simply to gain the eligibility to create the second lot and is therefore undesireable. In-filling of existing residential neighborhoods that may result from this code amendment is generally desireable from the standpoints of available service, efficient land utiliza- tion, and property taxation. The number of potential lot splits in newer subdivisions and areas that might be annexed is greater than the potential in the older part of the City and could entail significant growth and development impacts. Neighbors should be able to rely on the assumption that large subdivision lots zoned for more than one unit will not be resubdividedwithout undergoing the fullGMPand subdivision process to better address development impacts. NOW, THEREFORE, BE ~ RESOLVED by the Commission that it does hereby recommend the following action to Aspen City Council: Resolution No. 86- ] Page 2 That Section 24-11.2(d) be repealed and re-enacted to read as follows: (d) (new language is in bold, old language is crossed out) The construction of one single-family residence on a lot fo~med by a lot split granted subsequent to ' ' November 14, 1977, where the following conditions are met: (1) The tra~t of land is n~t located in a subdivision which received appr~al by either the Board of County sioners or City Council, excepting any land subject to a subdivision exemption by the City Council since January 1, 1984; or the tract of land is described as a metes and bounds parcel which has not been subdivided since the adoption of subdivision regulations by the City of Aspen on Narch 24, 1969; (2) No more than two (2) lots were created by the subdivision; (3) (4) (5) The lot under consideration, or any part thereof, was not previously the subject of an exemption under the provisions of this section or a "lot split" exception or exemption pursuant to Section 20-19. A subdivision plat is submitted and recorded by the applicant after City approval indicating that no further subdivision may be granted for these lots nor additional units be built without receipt of applicable approvals pursuant to Chapter 20 and an allocation pursuant to Section 24-11.1. The application was reviewed by the City Council at a public hearing held pursuant to the standards of Sections 24-12.5(c)(1) and (2). ASPEN PLABBII~ AND $ONING cO~qlSSION C. Welton And~rson, Cha i rman Kim Wilhoit, Deputy City Clerk SB.01