A. Purpose: The purpose of this Section is to allow for administrative modifications to conditions or restrictions on recorded plats that no longer apply or are unnecessary.
B. Applicability: This Section applies to all recorded plats that contain approved conditions or restrictions.
C. Amendment to Plat Restriction Process:
1. Application Submission: The applicant shall submit the following:
a. A letter setting forth the reasons why the condition or restriction no longer applies or is unnecessary;
b. Filing fee; and
c. The number of copies of the recorded plat required by the Manager to provide a copy to each agency with an interest in the restriction.
2. Public Notice: The public notice requirements in Section 7.5.406 (Public Notice) apply.
3. Distribution: The Manager shall date and file the application and, within three (3) working days of submission, shall transmit copies of the recorded plat to those agencies having an interest in the restriction that is to be removed for their review and comments.
4. Manager's Action:
a. If after consulting with the City Engineer and the Colorado Springs Utilities Chief Executive Officer the Manager determines that the requirements or conditions requested for removal or modification are no longer necessary or no longer applicable, the Manager may approve the request.
b. If the Manager approves the request, the Manager shall record a certificate of Amendment to Plat Restriction with El Paso County Clerk and Record with the following statement:
"The Planning Department approves the application based upon the finding that the plat note is no longer necessary or applicable as provided in City Code Section 7.5.518, and amends the plat note as follows:
General Note No.___ as established on the ________________________ Final Plat which reads as follows:
Residential Lot Setback Information:
is modified to remove or amend the ______________________ only.
General Note No. ____ henceforth shall state:
Residential Lot Setback Information
This Certificate of Amendment to Plat Restriction is approved for recordation in the records of the El Paso County Clerk and Recorders Office."
c. If the request is denied, the Manager shall notify the applicant with all reasons for denial clearly specified. (Ord. 23-03)