HomeMy WebLinkAboutordinance.council.017-98 ORDINANCE No. 17
(SEFdES OF 199a)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A
SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT
123 WEST FRANCIS STREET
WHEREAS, pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of
the Municipal Code, an Historic Landmark Lot Split is a subdivision exemption subject
to review and approval by City Council after obtaining a recommendation from the
Historic Preservation Commission (hereinafter HPC); and
WHEREAS, the applicant, Jake Vickery, has requested to split the 10,500 square
foot parcel to create two separate single-family residential lots of 5,250 square feet each;
and
WHEREAS, pursuant to Section 26.72.010(G) of the Municipal Code, the HPC
reviewed the request at a prope~y noticed public hearing on January 2, 1996 and
recommended approval; and
WHEREAS, the Community Development Department has reviewed the
application and recommended approval of the Historic Landmark Lot Split with
conditions; and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption under the applicable provisions of Chapters 26.88 of the
Municipal Code as identified herein, has reviewed and considered those
recommendations made by the Community Development Department and the Historic
Preservation Commission and has taken and considered public comment at a public
hearing; and
WHEREAS, the City Council finds that the Historic Landmark Lot Split, with
conditions, meets or exceeds all applicable development standards of the above
referenced Municipal Code sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section I: Pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) of the
Municipal Code, and subject to those conditions of approval as specified herein, the City
Council finds as follows in regard to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford r~view and
evaluation for approval; and,
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.88.010 of the Municipal Code, which purposes include:
assist in the orderly and efficient development of the City; ensure the proper
distribution of development; encourage the well-planned subdivision of land by
establishing standards for the design of a subdivision; improve land records and
survey monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consamer protection for the
purchaser; and, promote the health, safety and general welfare ofthe.residents of
the City of Aspen.
Section 2: Pursuant to the findings set forth in Section 1, above, the City Council does
hereby grant an Historic Landmark Lot Split subdivision exemption for 123 West Francis
Street with the following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development and Engineering Departments and
recorded in the office of the Pitkin County clerk and recorder within one hundred
eighty (180) days of final approval by City Council. Said plat shall replace the
existing "Vickery Historic Lot Split Subdivision Exemption Plat" recorded at Book
39, Page 82. Failure to record the plat and subdivision exemption agreement within
the specified time limit shall render the plat invalid and re~onsideration of the plat by
City Council will be required for a showing of good cause. As a minimum, the
subdivision plat shall:
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal
Code;
b. Contain a plat note stating that development of Lot B shall be required to
mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the
Municipal Code;
c. Contain a plat note stating that the lots contained therein shall be prohibited from
applying for further subdivision and any development of the lots will comply
with the applicable provisions of the Land Use Code in effect at the time of
application;
d. The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined,-equal to 4,170 square feet of floor area prior to consideration
of potentially applicable lot area reductions (i.e., slopes, access easements, etc.).
The applicant shall verify with the City Zoning Officer the total allowable FAR
on each lot, taking into account any and all applicable lot area reductions. The
property shall be subdivided into two parcels of 5,250 square feet each. Provided
it is found by the Zoning Officer that no lot area reductions are required, the
maximum allowable FAR on Lot A would be 1,450 square feet of floor area (plus
a 500 square foot floor area bonus, as granted by the HPC), and 2,720 square feet
of floor area on Lot B. Lot A has also received approval of setback and parking
variances from the HPC. The information verified by the City Zoning Officer
shall be included on the plat, as a plat note;
e. Contain a plat note stating that the setback nonconformities created by the new lot
line shall be eliminated upon development of the two lots in that all new
development on the lots will conform to the dimensional requirements of the R-6
zone district, unless variances are/have been appmved by the HPC.
2. As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the
recording and timing requirements described in Section 26.88.030(A)(2)(e).
3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall sign a
sidewalk, curb and gutter construction agreement and pay the applicable recording
fees.
4. All material representations made by the applicant in this application and during
public hearings with the City CoUncil shall be adhered to and shall be considered
conditions of approval, unless otherwise amended by City Council.
Section 3: If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such provision and such holding shall not affect the validity of the remaining portions
thereof.
Section 4: This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
· ~ A public hearing on the Ordinance shall be held on the 8th day of June, 1998 at
5:00 P.M. in the City Council'Chambers, Aspen City Hall, Aspen Colorado, fifteen (15)
days prior to which heating a public notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of May, 1998.
ATTEST:
APPROVED AS TO FORM:
J~0/j~er, City Attorney
FINALLY, adopted, passed and approved this ~ day of ~ ,1998.
John mnett, Mayor
TTS::
o City Clerk
g:/plarming/aspen/hpc/cases/lotsplit/123wford.doc