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HomeMy WebLinkAboutbocc.res.051.1975 RESOLUTION BOARD OF COUNTY COMMISSIONERS PITKIN COUNTY, COLORADO No. 75-51 Re: Substandard-Sized Lots June 2, 1975 WHEREAS, this Board initiated a proposal to amend existing Section X of the Pitkin County Zoning Resolution of 1975, as amended, dealing with non-conforming uses and lots; and WHEREAS, in September, 1974 this Board referred the proposal to amend Section X to the Planning and Zoning Commission pursuant to then Section 106-2-15 C.R.S. 1963; and WHEREAS, this Board held a public hearing on the matter on January 6, 1975, by notice duly published on December 5, 1974; and WHEREAS, at the public hearing the Board took the matter under advisement; and WHEREAS, the Board has duly considered and revised the proposal at various of its Monday meetings thereafter; and' WHEREAS, the text of the proposal and several alter- nate proposals were referred to the City Clerk of the City of Aspen and to the Division of Planning, no comments having been received; and WHEREAS, by Resolution No. 75-31 adopted on April 14, 1975, the Board adopted a revision of the part of Section X concerning non-conforming uses; and Board of County Commissioners of Pitkin County Resolution No. 75-51 WHEREAS, the Board is ready to act upon the remainder of Section X, namely the provisions dealing with non-conforming or substandard-sized lots, NOW, THEREFORE, BE IT RESOLVED that the portions of Section X dealing with non-conforming or substandard-sized lots are hereby repealed and new Section 10.19.10 through 10.19.03, as attached hereto and incorporated herein by reference, be and is hereby adopted as part of the Pitkin County Zoning Resolution of Section 6.01 thereof be and third paragraph shall read: 1955, as amended and that is hereby amended so that the "Special review uses also include those set forth in Section X of this zoning resolution concern- ing non-conforming uses and substandard-sized lots." Signed: June ~ , 1975 Attest: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY Dwight K. Shellman, Chairman Nina JohnstOn, Deputy Clerk -2- SUBSTANDARD-SIZED LOTS 10.19.01 Definition. A substandard-sized lot is any lot or parcel of land, however described, held in separate ownership, that does not meet the minimum requirements for area or width as set forth in the Pitkin County Zoning Resolution at the time a building permit is sought. 10.10.02 Development of Substandard Lots. Notwithstanding substandard size, a single-family dwelling shall be a permit- ted use on any lot made substandard as to size by the impo- sition of the initial adoption of the Pitkin County Zoning Resolution, or the adoption of any relevant amendment thereto. No substandard sized lot or parcel may obtain rights here- under if created otherwise, e.~., by private conveyance whether or not in violation of the subdivision laws. 10.19.03 Cumulation. "Separate ownership" in paragraph 10.19.01 above shall mean that the lot or parcel is not adjacent or contiguous to other property owned by the same owner. For this purpose ownership by a husband or wife, or both, or either, shall not be considered separate. All mul- tiple ownerships of pre-existing substandard-sized lots or parcels coming within the application of this section shall be cumulative, the intent being that the common ownership of more than one such contiguous platted lot or parcel shall re- quire that the aggregate square footage of such common owner- ship shall be considered as one lot or parcel, and only one lot or parcel, regardless of diverse times of acquisition thereof by the common owner, including after July 5, 1955. The provisions of this section relate only to area or width of substandard-sized lots or parcels, and in no way shall be con- strued to waive or modify any other land use or building regulation now in effect, or hereafter put into effect, in Pitkin County, Colorado. If a property owner of substandard- sized platted lots, owns or acquires a sufficient number of contiguous lots (e.g., three) so as to own any multiple (e.g., double) of the minimum area and width requirements of the then-existing zoning, he shall be considered to have the multiple's number of standard-sized lots (e.g., two). 10.19.04 Exceptions. The following exceptions shall apply to permitted use of substandard-sized lots and parcels: (a) Any lot, which is substandard as to area and/or width, situate within a platted subdivision that did not require or did not receive approval by formal action of the Planning and Zoning Commission and Board of County Commissioners according to county regulations, shall be considered separately developable for the purpose of erection -2- of a single-family dwelling, regardless of the fact that con- tiguous lots may be owned by the same person, if the same shall be processed and receive approval as a Use by Special Review pursuant to Section VI of the Zoning Resolution, the additional review standard to be whether the lot or parcel as platted, including subdivision amenities, substantially sat- isfies the Subdivision Regulations in effect at the time such review is made, considering health, safety (e.g., fire hazards), spaciousness and compatibility in the area, and the like. (b) Any lot, which is substandard as to area and/or width, situate within a platted subdivision that was required by county regulations to be and was approved by formal action of the Planning and Zoning Commission, or the Board of County Commissioners, or both, shall be considered separately developable for the purpose of the erection of a single- family dwelling, regardless of the fact that contiguous lots may be owned by the same person. (c) In any district, no hotel, motel or lodge shall be constructed on a lot substandard as to minimum lot area for the use proposed in the district. In a residential district where a two-family or multiple-family dwelling is permitted, or may be permitted by special review, the re- quirement for square footage of lot area per dwelling unit shall be strictly interpreted with no credit given for fractional portions of the required minimum as a basis for constructing additional dwelling units.