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HomeMy WebLinkAboutordinance.council.073-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 75 (Series of 1975) AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE (SUBDIVISION REGULATIONS) BY THE ADDITION OF SECTION 20-4 THERETO; ~ICH SAID AMENDMENT REQUIRES cOMPLIANCE WITH SUB- DIVISION REGULATION IN THE EVENT OF RESUBDIVISION OF TRACTS PREVIOUSLY SUBDIVIDED OR THE PARCELING OF TOWNSITE LOTS SHAR- ING CONTINUOUS FRONTAGE AND UNDER SINGLE OWNERSHIP; PROVIDING THAT THE ADOPTION OF SUBDIVISION REGULATIONS BY THE CITY OF ASPEN SHALL NOT BE CONSTRUED TO ABROGATE EARLIER SUBDIVISION AGREEMENTS OR RESTRICTIVE COVENANTS; AND PROVIDING FURTHER THAT NOTHING HEREIN SHALL BE CONSTRUED TO PREVENT AN APPLIC- ATION FOR EXEMPTION FROM THE DEFINITION OF SUBDIVISION WHEN THE REQUIREMENTS OF SECTION 20-19(b) are met. WHEREAS, the City Council has been presented with pro- posed amendments to the Aspen Subdivision Regulations which amend- ments are deemed appropriate, NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, is hereby amended by adding a Section 20-4, which said Colorado, section reads as follows: "20-4 Resubdivision of Approved Plats; Parceling of Lots within the Original Townsite (a) Subdivisions filed and recorded on a final plat prior to the effective date of this ordinance shall not be regulated by this Chapter unless proposed for resubdivision in such a manner as to fall within the provisions of Section 20-3(s). In the instance of large tracts or blocks of land contained within a recorded subdivision and in- tended or designed for resubdivision into smaller tracts, lots, building sites, condominium units, apartments, multifamily dwelling units, or otherwise so as to constitute a subdivision under said Section 20-3(s), such resubdivision shall comply with all provisions of this chapter. (b) This chapter is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, or with existing provisions of subdivision agree- ments or restrictive covenants running with the RECORD OF PROCEEDINGS 100 Leaves land. Where this chapter imposes a greater restrictiction than that imposed by such existing provisions of law, contract or deed, the provisions of this chapter shall control. (c) If two or more lots or portions of lots within the Original Aspen Townsite or Additions thereto have continuous frontage and are in single ownership (including husband and wife as in all cases a single owner) on the effective date of this ordinance, the lots or portions thereof involved, regardless of diverse times of acquisition, shall be considered an undivided parcel for the purposes of this chapter, and conveyance of any, whether or not along lot line, shall constitute a subdivision. (d) Nothing herein shall be construed to preclude any owner affected by the aboveprovisions from applying for an exemption from the definition of subdivision pursuant to Section 20-19(b) when the provisions of said section are satisfied." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalid- ity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the ~y day of ~, 1975, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ~~ ;Q~THRYN HNUTER, CITY CL FINALLY ADOPTED AND APPROVE ATTEST: 1975. STATE OF COLORADO ) ) ss COUNrlA~ OF PITKIN ) CERTIFICATE I, Kathryn S. tIaot:er, 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 ~~ //~ , 197 ~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of /~ , 197 ~, and was finally adopted and approved at a regular meeting of the City Council on Ordinance No. ~ , / provided by law. IN WITNESS WHEREOF, 197 ~-, and ordered published as Series ~ 197~--, of said City, as I have hereunto set my hand and the seal of said City of Aspen, Colorado, of ~~/ ., 197 ~--. day this Kathryn S~. Hauter, City Clerk