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HomeMy WebLinkAboutresolution.apz.011-81RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. 81- IJ RESOLUTION OF THE PLANNING AND ZONING COMMISSION SUPPLEMENTING RESOLUTION NO. 81-6, THE DENIAL OF AN APPLICATION FOR SgBDIVISION OF LOTS 11 and 12, BLOCK 1, RED BUTTE SUBDIVISION WHEREAS, by Resolution No. 8±-6, the Aspen P±anning and Zoning Conul~lssion denied the application o~ Parker and Joan Quillen for preliminary plat approval to relocate an existing property line between Lots 11 and 12, Block 1, Red Butte Subdi- vision, and WHEREAS, said resolution was passed ~ollowing a public hear- ing conducted on April 7, 1981, during which the Planning and Zoning Commission heard testimony from various neighbors and owners of property in the Red Butte Subdivision, and WHEREAS, Parker and Joan Quillen have commenced proceedings in the District Court, Pitkin County (Civil Action No. 81-CV-145), seeking 3udiclal review of the denial of their preliminary plat application, and WHEREAS, the Planning and Zoning Co~nission desires to sup- plement Resolution No. 81-6 so as to more fully apprise the court of its findings in determining that the application did not comply with the requirements of the subdivision regulations of the City of Aspen. NOW, THEREFORE, BE IT RE~OLVED BY THE PLANNING AND ZONING COMMISSION OF THE CITY OF ASPEN, COLORADO: ~ection 1 Based upon the testimony presented at the public hearing conducted on April 7, 1981, the Planning and Zoning Commission hereby makes the following findings as a supplement to Resolution RECORD OF PROCEEDINGS 100 Leaves No. 81-6 with regard to its determination that the preliminary plat application submittd by Parker and Joan Quillen does not comply with the requirements of the suDdivision regulations of the City of Aspen: 1. Section 20-5 of the Municipal Code of the City of Aspen, Colorado, provides as follows; "No structure shall be constructed, nor building permit issued for a structure, on any parcel of land within a subdivision approved pursuant to this chapter except where such structure is to be constructed upon a lot separately designated within the plat of such approved subdivision. The lot lines established in such approved subdivision snail 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 construc- tion unless and until written application has been made to and approved by the planning co~nission after finding that the general purpose and purport of this chapter shall not be weakened by SUCh change." 2. Red Butte Subdivision is an approved subdivision located within the boundaries of the City of Aspen. 3. The express intent of the applicant's request to adjust the lot kine between Lots 11 and 12 is eventually to 3oin a por- tion of Lot 11 to Lot 12 for eventual conveyance or construction of a new parcel to be created by a split of Lot 12. 4. The general purpose and purport of Chapter 20 of the Municipal Code of the City of Aspen (as set forth in Section 20-2) would be weakened by such a change of lot lines in the following respects~ a. The current owners o~ lots in the Red Butte Subdi- vision, as well as the original owner who created the Red Butte Subdivision, have relied upon the existing subdivision plat and ob3ect to any changes or modifica- tions therein. b. The eventual creation of a new lot by a lot split of Lot 12 which would be allowed by the granting of RECORD OF PROCEEDINGS 100 Leaves ning applicants' request would unreasonably increase density, especially in light of the expectations of the present property owners in the Rea Butte Subdivision when they purchased their lots. c. The allowance of an additional developable lot in the Red Butte Subdivision would be disruptive to the approved Red Butte Subdivision. d. The reliance of the existing lot owners is reason- able. ~lost of the lots are developed with detached, single-family dwellings. A few of the lots are larger than others, reflecting careful planning in the rela- tionship of their size to the topography of the area, river frontage, safety of the entrance and egress to the subdivision from Cemetery Lane, and the like. Only a much later amendment to the City's Zoning Code, creating a smaller minimum lot size in the zoning category that happens to be applicable to this area would even permit the idea of a further division. That minim~n lot size was not intended to undermine a carefully and fully developed subdivision with some lots intended to be larger, or to undermine the reasonable reliance of the owners of existing lots as to lesser density than the absolute maximum permitted by the City Code. Approved this ~ ~ day of ~/gu~t, 1981, by the Aspen Plan- and Zoning CoKunission. ASPEN PLANNING AND ZONING COMMISSION ~f ATTEST: De~u~City ~terk 3