HomeMy WebLinkAboutresolution.apz.006-81RESOLUTION OF THE ASPEN PLANNING AND
ZONING COMMISSION REGARDING AN APPLICATION
FOR SUBDIVISION OF LOTS ll AND 12,
BLOCK 1, RED BUTTE SUBDIVISION
Resolution No. 81 - ~
WHEREAS, the Aspen Planning and Zoning Commission considered an application
for resubdivision of Lots II and 12, Block 1, Red Butte Subdivision at a
public hearing on April 7, 1981, and
WHEREAS, the application requests preliminary plat approval on behalf of
Parker and Joan Quillen to relocate an existing property line between Lots ll
and 12, Block 1, Red Butte Subdivision, and
WHEREAS, the Planning and Zoning Con)nission heard testimony from the
applicant, the Planning Office, the City Attorney, the City Engineer, and
various neighbors and owners of property in the Red Butte Subdivision who
opposed the application, and
WHEREAS, the Planning and Zoning Commission finds that:
1. Pursuant to Section 20-5(d) of the Municipal Code, lot lines
established in an approved subdivision "shall not be altered by
conveyance of a part of such lots, nor shall any part of any lot
be joined with a part of any other lot for conveyance or construction
unless and until written application has been made to and approved
by the planning commission after finding that the general purpose
and purport of the (subdivision regulations) shall not be weakened
by such change."
2. Should the applicants' request for lot line adjustment be approved,
they would be eligible, pursuant to Section 24-11.2 of the Municipal
Code, for an exemption from Growth Management for the creation of an
additional lot and the subsequent construction of a single-family
residence outside the GMP process. The process in question would
result in the creation of a developable, free market lot, which could
not realistically be accomplished under Growth Management and, as
such, the process represents a circumvention of the intent of the
Growth Management Policy Plan. The applicants have indicated that
their sole purpose for filing a request for a lot line adjustment
is to permit a subsequent application for the creation of a third
lot with a single family Growth Management exemption.
3. No exemption from Growth Management exists for the construction of
a single-family residence on a lot created from the division of two
lots. Therefore, an attempt to accomplish in two discrete steps
that which otherwise could not be accomplished in one step is incon-
sistent with the intent of the Subdivision Regulations, specifically
"to safeguard the interest of the public and the subdivider, to
provide consumer protection for the purchaser, and to otherwise
promote the health, safety and general welfare of the residents of
and visitors to the City of Aspen."
4. While there is no specific regulation in the Municipal Code which
establishes criteria for eligibility for a lot line adjustment, such
adjustments have historically been utilized primarily to reconcile
platting errors or to address specific hardship. In no case has the
Commission approved a lot line adjustment which was specifically
designed to permit or allow for additional development rights. No
such demonstration of hardship or need to correct error is apparent
in this application.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning Commission
that it does hereby deny the applicants' request for preliminary plat approval.
Approved this 21st day of April, 1981, by the Aspen Planning and Zoning
Commission.
ASPEN PLANNING AND ZONING COMMISSION
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ATTEST:
Deputy City Clerk