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Home My WebLink Aboutordinance.council.014-12 -- 1 RECEPTION#: 589107, 05/16/2012 at 01:15:38 PM, 1 OF 3, R $21.00 Doc Code ORDINANCE Janice K.Vos Caudill, Pitkin County, CO ORDINANCE #14 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 202 AND 208 E. MAIN STREET, UNITS A AND B, MAIN STREET VICTORIANS CONDOMINIUMS, BLOCK 73, CITY AND TOWNSITE OF ASPEN, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: #2737-073-20-011 and#2737-073-20-012 WHEREAS,the property owners, Rocking Lazy J Properties,LLC, owner of the property located at 202 E. Main Street, Unit A of the Main Street Victorians Condominiums and Michael Giordano, owner of the property located at 208 E. Main Street, Unit B of the Main Street Victorians Condominiums, have requested a historic landmark lot split and variances; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the requirements of Aspen Municipal Code Section 26.480.030, Subdivision and Chapter 26.470, Growth Management Quota System; and WHEREAS, at their regular meeting on March 14, 2012, the Historic Preservation Commission considered the application, found it to be consistent with the review standards and recommended Council approval by a vote of 5 to 0; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark • Lot Split are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS,the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 'ASPEN, COLORADO,THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department 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 202/208 E. Main Street Ordinance #14, Series of 2012 Page 1of3 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 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except for variances approved by,the HPC; d. Be labeled to indicate that allowable FAR will be determined by the zone district regulations in effect at the time of development, according to the uses proposed for each • lot individually. 2. Prior to execution of the subdivision exemption plat and subdivision exemption , ' agreement, the applicants shall demolish the approximately 20 square foot storage area that links the two structures together and shall comply with any building code requirements that result from the lot split. Section 2: Vacation of Condominium Plat Recordation of this Subdivision Exemption Plat shall nullify and vacate the previously approved Main Street Victorians Condominium Plat. • Section 3: Severability If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen(14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC,the City Clerk shall cause to be published in a newspaper 202/208 E. Main Street. Ordinance #14, Series of 2012 Page 2 of 3 of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24,Article 68, Colorado Revised Statutes,pertaining to the following described property: 202 and 208 E. Main Street, Units A and B, Main Street Victorians Condominiums, Block 73, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City.of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 14th day of May, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published 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 9th day of April, 2012. Michael C. Ire and r,Mayor A . *.VO -A/ athryn Koch'City Cl- k FINALLY,adopted,passed and approved this/'/ day offil1�,1 2012. Michael . Ire and, May AT 'ST: _ AV/ Kathryn Koc/' ity Clerk APPROVED AS TO FORM: .1, es R. True, City Attorney 202/208 E. Main Street Ordinance#14, Series of 2012 Page 3 of 3 • 1111k/11, 1•111,11 V LV I 7775190 L-/) Ad Ticket#5 9 Acct: 1013028 Name: Aspen (LEGALS) City of Phone: (970)920-5064 Address: 130 S Galena St E-Mail: Client: Caller: Kathryn Koch City: Aspen Receipt State: CO Zip: 81611 Ad Name: 7775190A Original Id: 7775063 Editions: 8ATI/8ATW/ Class: 0990 Start: 04/19/12 Stop: 04/19/12 Color: Issue Copyline: atw Ordinance 14 Rep: AT Legals LEGAL NOTICE ORDINANCE #14, 2012 PUBLIC HEARING Lines: 21 Ordinance #14. Series of 2012. was adopted on first reading at the City Council meeting April 9, Depth: 1.76 2012. This ordinance, if adopted. will approve Columns: 1 historic landmark lot split for 202/208 East Main. The public hearing on this ordinance is scheduled Discount: 0.00 for May 14, 2012 at 5 PM. City hall. 130 South Galena. Commission: 0.00 To see the entire text, go to'the city's legal notice Net: 0.00 website Tax: 0.00 httpliwww.aspenpitkin.comiDepartmentsiClerki Total 10.63 Legal-Notices/ Payment 0.00 If you would like a copy FAXed or e-mailed to you. call the city clerk's office. 429-2686. Published in the Aspen Times Weekly on April 19. 2012. [7775190] Ad shown is not actual print size • a _ Irt1 p o cn o o ^ ■,-• rn o m n N rn P �• 9 rte.. N < Cn Q-' ~' Cn l - rr' C h�I ^ro �� 'r.f' n N ¢' CO H O �].., 1iPL oO � O rn fD 171 `C b O n n n O. rt pn r Q CIE r0.� m Ort N CD "0 p, , CD rt rt r•r O b cn O cr a. n On n q • n O 0 �� O ,-t- Q-, ,-r H n• Pe---ft (� u Q v n O Od M 7a ro ' n VNi rP- n rD C rD nN Q b . Cr^J . p, ter' CD O'"C3 f ' Cn 7* R rte- ¢ b< rte- Q = fD ¢ N N" �t ∎ --hN6' =, n p' Q - O Cl n rt cn z i '6' \ O t z O , N O O 0 �M 0C rt l) Co ca, b n.• r rt rt.. Q•' r0 O rn Q.. 5' O �--� r+ n C O �y o D. CD a n �7 rt Cr p, rt /� .n• n = • • O' Sv n " '-1° a O N r:. 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