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Home My WebLink Aboutordinance.council.029-98 J Ordinance No. 29, Series of 1998 Page 1 (' ORDINANCE No. 29 (SERIES OF 1998) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 214 EAST BLEEKER STREET (LOTS N, 0, P, AND Q, BLOCK 72, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO) 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, W.G. Brumder Florida Land Trust, represented by Gretchen Greenwood, has requested to split a 11,963 square foot parcel to create one single-family residential lot of 5,963 square feet and another of 6,000 square feet; and WHEREAS, pursuant to Section 26.72.010(G) of the Municipal Code, the HPC reviewed the request at a properly noticed public hearing on May 27,1998 and recommended approval with conditions by a vote of7-0; and r'\ 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 ofthe 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 1: Pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.010(G) ofthe Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the subdivision exemption: J, .~. ,r-\ o . Ordinance No. 29, Series of 1998 Page 2 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and, 2. The subdivision exemption is consistent with the purposes of subdivision as outlined in Section 26.88.010 ofthe 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 consumer protection for the purchaser; and, promote the health, safety and general welfare, of the 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 214 East Bleeker 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. Failure to record the plat and subdivision exemption agreement within the specified time limit shall render the plat invalid and reconsideration 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 the new/easterly lot (Lot A) created by the lot split shall be required to mitigate for affordable housing pursuant to Section 26.1 00.050(A)(2)(c) of the Municipal Code; c. Contain a plat note statiJ;1g 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 4,257 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 one parcel (the westerly parcel, Lot B) of 5,963 square feet and a second parcel (the easterly parcel, Lot A) of 6,000 square feet. " Ordinance No. 29, Series of 1998 Page 3 ~.. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum allowable FAR on the westerly parcel (Lot B) would be 1,913 square feet of floor area (plus the potential for a 500 square foot floor area bonus if granted by the HPC), and 2,344 square feet of floor area on the easterly parcel (Lot A). 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 any setback nonconformities created by the new lot line shall be eliminated upon redevelopment or further development, as may be applicable, of either of the two lots. 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 shall be adhered to and shall be considered conditions of approval, unless otherwise amended by a decision-making body having the authority to do so. ~ I . 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. Section 5: A public hearing on the Ordinance shall be held on the 10th day of August, 1998 at 5:00 P.M. in the City COlillcil Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing 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 PUBL RED as provided by law, by the City Council of the City of Aspen on the ~ day of 1998. r" Jo~net:,~ .r--\ r r". . Ordinance No. 29, Series of 1998 Page 4 ATTEST: ,,~ APPROVED AS TO FORM: <Z{B/J~~ John W cester, City Attorney FINALLY, adopted, passed and approved this 13- day of ~t,~~ ATTEST: . VJ~~ ch, City Clerk g:/planning/aspenlhpc/cases/lotsplitJ214ebord.doc