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HomeMy WebLinkAboutordinance.council.037-81 RECORD OF PROCEEDINGS 100 Leaves FOR~ 50 C, F, HO£CKEL B. B. & L. CO. ORDINANCE 'NO. 37 (Series of 1981) AN ORDINANCE AMENDING SECTIONS 20-19 and 20-5(d) OF THE MUNICIPAL CODE' OF THE CITY OF ASPEN BY THE ADDI.~ION OF CRITERIA FOR GRANTING EXCEPTIONS FROM THE SUBDIVISION RESULATIONS FOR PURPOSE OF ADJUSTING A LOT LINE BETWEEN ADJACENT PARCELS OR nots' WHICH MAy BE UNDER INDIVIDUAL OR SEPARATE OWNERSHIP ~ WHEREAS, by Resolution No. 81-7, the Planning and Zoning Com- mission has recoi~mtended to the City Council that the Subdivision Regulations be amended so as to establish more specific criteria for the granting of exceptions for the purpose of adjusting a lot line between adjacent parcels or lots which may be under indi- vidual or separate ownership, and WHEREAS, t'he City Council desires to accept the recon~nenda- tions of the Planning and ZOning Commission as set forth in Reso- lution No. 81-7 and amend Sections 20-19' and 20-5(d) of the Muni- cipal Code of the City of Aspen by the addition or criteria for granting exceptions from the subdivision regulations for purposes of adjusting a lot line betWeen adjacent parcels .or lots which may be under individual or separate ownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-19 of the Municipal Code of the City of Aspen entitled "Exceptions and Exemptions" be and the same is hereby amended by the addition of a new subsection (4) to subsection (a), which shall read as follows: (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 separ- ate ownership if the following conditions are met: (i) The applicant demonstrates that the purpose of the request is to correct an engineering or survey error in a recorded plat, to permit a boundary change between consenting adjacent landoWners FORM 5(~ C.F. HOECKEL 8. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves or to address specific hardship, provided that the corrected plat meets the standards of the Code at the time of the request; and (ii) 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 re- sale purposes. It may be considered sufficient proof that the application will not affect the development rights or permitted density of the pro- perty if the applicant 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 com- pete under the GMP for any development rights beyond the existing level of development on the newly created lots or parcels; and (iii) Subsequent to tt]e ad3ustment, the parcels or lots will continue 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 re- suiting lots or parcels; and (iv) The applicant otherwise complies with all appli- cable zoning and subdivision regulations of the City of Aspen." Section 2 That Section 20-5(d) of the Municipal Code of the City of Aspen entitled "Compliance" be and the same is hereby amended by the addition of the following language at the end of such section. "(See also, Section 20-19(a) (4).)" Section 3 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity snail not affect other provisions or application of the ordinance which can be given effect without the invalid provision or appli- cation, and to this end the provisions of this ordinance are declared to De severable. 2 FOR~ 50 C, F. HOECXEL B. B. & L. CO, RECORD OF PROCEEDINGS 100 Leaves Section 4 That a public hearing be held on this ordinance on the ~ , day of ~:~C~ha~ , i981, at 5;00 P.M. in the City hers, ~pen City Hall, ~pen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of ~pen, Colorado, at its regular meeting held at the City of Aspen on ~~~ -- 1981. Herman Edel Mayor ATTEST: . C1 y · FINALLY adopted, passed and approved on the~/ , 1981. ~ He~man ~ Mayor day of ATTEST: 3 FORM 50 C, F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the city Council of the City of Aspen on 19~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its ___~._, !9.F/,__ and was finally adopted issue of and approved at a regular meeting of the City Council on ~~~~j~__, 19~, and ordered published as Ordinance No. ~~ , Series of 19~, of said City, as provided by law. IN WITNESS ~HEREO I have hereunto set my hand and r, ~ this j~ the seal of said City of Aspen, ,~o~orado, day of ~, 1.9 ~City Cler Deputy City Clerk