HomeMy WebLinkAboutresolution.apz.007-81RESOLUTION OF THE ASPEN PLANNING AND ZONING COY~MISSION
RECO~ENDING AMENDMENTS TO SECTION 20-19
OF THE CODE OF THE CITY OF ASPEN
Resolution No. 81 - ~
WHEREAS, the Aspen Planning and Zoning Commission finds that pursuant
to Section 20-5(d) of the Municipal Code, lot lines in an approved sub-
division "shall not be altered . . ~ 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.", and
WHEREAS, the Aspen Planning and Zoning Commission finds that a lot
line adjustment which provides the opportunity to createa developable, free
market lot outside of the Growth Management regulations is inconsistent with
the intent of the Subdivision Regulations which is "to safeguard the interest
of the public and the subdivider, to provide consumer protection for the pur-
chaser, and to otherwise promote the health, safety and general welfare of
the residents and visitors to the City of Aspen.", and
WHEREAS, the Aspen Planning and Zoning Commission finds that lot line
adjustments have been historically utilized primarily to reconcile platting
errors or to address specific hardship, but never to permit or allow for
additional development rights; and
WHEREAS, the Aspen Planning and Zoning Commission has expressed a desire
to clarify the general intent and purpose of the Subdivision Regulations
through the establishment of more specific criteria for eligibility for a
lot line adjustment.
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of
the City of Aspen, Colorado, that the following language is recommended to
be added to Section 20-19 of the Code, "Exceptions and Exemptions":
(a)(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 separate ownership if the following con-
ditions are met:
- The applicant demonstrates that the purpose of the request
is to correct an engineering or survey error in a recorded
plat, or to address specific hardship, provided that the
corrected plat meets the standards of the Code at the time
of the request; and
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 resale purposes. It may be considered suffi-
cient proof that the application will not affect the develop-
ment rights or permitted density of the property if the appli-
cant 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 compete
under the GMP for any development rights beyond the existing
level of development on the newly created lots or parcels; and
Subsequent to the adjustment, the parcels or lots will con-
tinue 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 resulting lots or parcels; and
- The applicant otherwise complies with all applicable zone
and subdivision regulations of the City of Aspen.
BE IT FURTHER RESOLVED by the Planning and Zoning Commission of the City
of Aspen, Colorado that the following language is recommended to be added to
Section 20-5(d) of the Code, "Compliance":
(See also Section 20-19(a)(4).)
Approved by the Aspen Planning and Zoning Commission at its regular
meeting on June 2, 1981.
ATTEST:
ASPEN PLANNING AND ZONING COMMISSION
· VOl o f~/~ t r6m ~ C~li~i T~hafi ....
VD~Fty Clerk