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Home My WebLink Aboutordinance.council.006-99 , r ORDINANCE NO.6 (SERIES OF 1999) . AN. ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL OF A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AND A LANDMARK DESIGNATION GRANT FOR 930 KING STREET, CITY OF ASPEN WHEREAS, pursuant to Sections 26,88,030(A)(2) and (5) and 26.72.01O(G) of the Municipal Code, an Historic Landma]'k 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, NPJ, LLC, requested and received approval via Ordinance No. 20, Series of 1998, to split the 13,343 square foot parcel to create two separate single-family residential lots; and WHEREAS, Ordinance No. 20, Series of 1998 incorrectly represented the lot sizes that would be created by the approved site plan; and . . WHEREAS, the error must be corrected through adoption of a new ordinance; and ,"""""'" WHEREAS, due to the late discovery of the error in the ordinance, the applicant requested and received a 30 day extension in the deadline to file the subdivision exemption plat and subdivision agreement; and WHEREAS, the applicant also requests a $2,000 landmark designation grant, which was not awarded in Ordinance No. 20, Series of 1998; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the requests, with conditions as originally established in Ordinance No. 20, Series of 1998; and WHEREAS, the Aspen City Council has reviewed and considered the clarification to the approved lot split and landmark designation grant under the applicable provisions of Chapters 26.72 and 26.88 of the Municipal Code as identified herein, has reviewed and considered those recommendations made by the Community Development Department, and has taken and considered public comment at a public hearing; . and WHEREAS, the City Council finds that the clarification of the lot sizes created by 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 thatthis Ordinance furthers and is necessary for the public health, safety and welfare. o 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), 26.72.010(G), and Section 26,76,020 of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in regard to the clarification of the subdivision exemption: 1. The applicant's submission is complete and sufficient to afford review and evaluation for approval; and, t~. , 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 consumer protection for the purchaser; and, promote the health, safety and general welfare of the residents of the City of Aspen. Section 2: Pursnant to the findings set forth in Section 1, above, the City Council does hereby approve the historic landmark lot split application for 930 King Street, with the lot sizes and assigned floor areas as clarified below, All other conditions of Ordinance #20, Series of 1998, as follows, remain in effect. I. 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 (J 80) 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; 1"""', b. Contain a plat note stating that development of Lot A shall. be required to mitigate for affordable housing pursuant to Section 26.100.050(A)(2)(c) of the Municipal Code; 2 (' c. Contain a plat note stating that the lots contained therein shaH 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 shaH have a total allowable base FAR, on both lots combined, equal to 4,634 square feet of floor area prior to consideration of potentiaHy applicable lot area reductions (I.e., slopes, access easements, etc.). The applicant shall verify with the City Zoning Officer the total aHowable FAR on each lot, taking into account any and aH applicable lot area reductions. The property shaH be subdivided into two parcels, Lot A containing 8,748 square feet and Lot B containing 4,594 square feet. Provided it is found by the Zoning Officer that no lot area reductions are required, the maximum aHowable FAR on Lot A will be 2,889 s.f. and 1,745 square feet of floor area on Lot B (the two historic outbuildings will remain), The information verified by the City Zoning Officer shaH be included on the plat, as a plat note; e, Contain a plat note stating that all new development on the lots wiJI conform to the dimensional requirements of the RI5A zone district, except the variances approved by the HPC. r"- f. That the base elevation from which building height wiJI be measured is hereby established by the topographic elevation of the site in 1975, prior to fill activity. (See Exhibit 1.) g, That the two lots will share a common driveway on King St. The common driveway will be 10' wide at King St. to the front setback line and then widened as necessary to provide adequate maneuvering room between the two garages. This requirement shaH be reflected on the final exemption plat and shaH contain language addressing a cross-access easement between the two properties. h, That the front yard setbacks from both Neale St. and King St. will be 25'. 1. That the development of both Lots A and B have received HPC Final Development approval in accordance with Section 26,72.010. 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 shaH sign a sidewalk, curb and gutter construction agreement and pay the applicable recording fees, ~ 3 o 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. 5. That the construction of a new single-family dwelJing on Lot A created through this Historic Landmark Lot Split pursnant to section 26,88,030(A)(5) is exempted by the Community Development Director from residential Growth Management allocations and shall not be deducted from the pool of annual development allotments or from the metro area development ceilings, in accordance with Section 26.1 00.050(A)(2)( e). Section 3: A $2,000 landmark designation grant is hereby awarded to NPJ, LLC. Section 4: 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. r', Section 5: 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 6: A public hearing on the Ordinance was held on the 12th day of April, 1999, at 5:00 P.M, 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 once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by City Council of the City of Aspen on the 8th day of March, 1999. ATTEST: .' /"""'. 4 ~ , APPROVED AS TO FORM: ~~. Jo 0 ester, City Attorney FINALLY, adopted, passed and approved this 12th day of April, 1999. .f'. ~. 5 -EEgM : RIVER CITY SURVEYS ,-.,., , . Feb, 24 1999 02:SBPMP2 ?ropo68d Lot Spat 930 King Str88~ A5f'8/Z, Colorado PHONE NO, : 970 945 61319 I :::q o "- <::; 1:.:r:t ~ l 20 0 10 20 ~ I SCALE ; i INCI-! ; 20 H::fi , C) ^ ......J / '........l I '- / ......... 70' f f .....~f I f I ..... ..... '- ..... -. ~ f ! I I I /s' ~ ~~ ~ I I / / f f f / I I / o~ / ~(j / ~'ij /1 ~ 6" ffi1o(;10 z1.1~' '.------...., I~o .rf.. x 7922,7 ~ x ~/ '/ ., O~926.6 ~-~, L/ / r!! ~~-~. k. ~ ~-"""I / ~f I ,'z '-'" -_1-.............. ,/ /0 /-/ / ~ "'-.'" 11 / ,/" ,- '< "'-. '-....'" / I ,,--" ~ -_I '.t ;' f I :j'?J'!:iV,_1 I ~ ~\):::/ y " / / - 1 ! / / ~/ / r \ _L_~ 1,-' ~.~!:: . ~ \ \ x \~30,S "'-. 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