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Home My WebLink Aboutordinance.council.016-13 RECEPTION#: 606030, 12/02/2013 at 11:01:19 AM, 1 OF 4, R $26.00 Doc Code ORDINANCE ORDINANCE NO. 16 Janice K.Vos Caudill, Pitkin County, CO (Series of 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT FOR THE PROPERTIES LOCATED AT 250 WILLOUGHBY WAY, LOT 3, BLOCK 1 OF THE GREEN ACRES SUBDIVISION, UNINCORPORATED PITKIN COUNTY AND 850 ROARING FORK ROAD, LOT 1 OF THE MERRIAM SUBDIVISION, ASPEN, COLORADO PARCEL ID: 2735-121-26-001 (850 Roaring Fork Rd) 2735-121-03-003 (250 Willoughby Way) WHEREAS, the applicant, 250 Aspen LLC and Joan Merriam Crete, represented by Michael Hoffman, Garfield and Hecht, P.C., 601 E. Hyman Ave., Aspen, CO 81611, submitted a request for a Lot Line Adjustment for the properties located at 250 Willoughby Way, Lot 3, Block 1 of the Green Acres Subdivision, unincorporated Pitkin County, Colorado and 850 Roaring Fork Road, Lot 1 of the Merriam Subdivision, Aspen, Colorado; and WHEREAS, 250 Willoughby Way is partially located outside of the Aspen city limits; and WHEREAS, 850 Roaring Fork Road is located entirely within the Aspen city limits; and WHEREAS, pursuant to Section 26.480, the City Council may approve a Lot Line Adjustment, during a duly noticed public hearing after considering comments from the general public and a recommendation from the Community Development Director; and, WHEREAS, upon review of the application and the applicable code standards, the Community Development Department recommended approval of a Lot Line Adjustment and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal, with conditions, 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: Section 1. Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council hereby approves a Lot Line Adjustment as shown in Exhibit A and described below in Table 1 subject to the following conditions. 250 Willoughby Way/850 Roaring Fork Rd. Lot Line Adjustment Ordinance# 16, Series of 2013 Page 1 of 3 Table 1: Current lot size (sf.) Area to be removed Adjusted lot size (sf.) from each lot sf. 850 Roaring Fork Rd. 92,542 2,686 89,856 250 Willoughby Way 66,087 4,628 61,459 Total 158,629 7,314 151,315* *Each property is reduced in size because both properties have been including the overlap area in the current lot size calculation Section 2. Lot Line Adjustment Plat The corrected plat will meet the standards of the Aspen Municipal Code and conform to the requirements of the Aspen Municipal Code, including the dimensional requirements of the Zone District in which the lots are located, except in cases of an existing nonconforming lot, in which the adjustment shall not increase the nonconformity of the lot. The plat shall be submitted and recorded in the office of the County Clerk and Recorder. Failure to record the plat within a period of one hundred eighty (180) days following approval shall render the plat invalid and reconsideration of the plat by the Community Development Director will be required before its acceptance and recording. Approval of the plat by Pitkin County is required. Section 3. That 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. That 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. A public hearing on the ordinance shall be held on the 13`h day of May, 2013, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law and by the City Council of the City of Aspen on the 22"d day of April,2013. Michael C. Ireland, May r ATT ST: 4k&4�x 2 Kathryn S. KPA, City Clerk 250 Willoughby Way/850 Roaring Fork Rd. Lot Line Adjustment Ordinance# 16, Series of 2013 Page 2 of 3 FINALLY adopted, passed and approved this 13"' day of May, 2013. Michael C. Ireland, ayor Kathryn S. Koch, .ty Clerk Exhibit A: Plat illustrating the lot line adjustment. 250 Willoughby Way/850 Roaring Fork Rd. Lot Line Adjustment Ordinance# 16, Series of 2013 Page 3 of 3 MINOR SUBDIVISION EXEMPTION PLAT OF: �► 250 ASPEN/CRETE LOT LINE ADJUSTMENT • SITUATED IN THE NE4 NE4 AND THE SE1 NE4 OF SECTION 12,TOWNSHIP 10 SOUTH,RANGE 85 WEST OF THE 6th P.M. CITY OF ASPEN,COUNTY OF PITKIN,STATE OF COLORADO SHEET 1 OF 2 c w,s,Pa,rox..F THE PURPOSE OF THIS PLAT IS TO ADJUST THE COMMON LOT LINE BETWEEN THE 250 ASPEN PROPERTY(PARCEL NO.273512103003)AND THE CRETE PROPERTY(PARCEL i N0.273512126001),AS SHOWN HEREON,IN ORDER TO ESTABLISH A COMMON LINE THAT IS NOT DEPENDENT UPON A DYNAMIC RIVER CENTERLINE BOUNDARY L.117 IN- Ls.�rro*isoAND V�h,Qq sxffrx....x nLO fsufnxc vnxefu s_SITE • 's.w...a,mi."cw„w«<.mrzww..x�wz z..u.e..,anwu:s \ \ \\ '��[X T ,..0 °.z 1 � '�1% �.'c�` par J�� °#. 8 �ssr xorz x°...�w Mu VICINITY MAP I w,�[D ax n IPA cen /f \ GRAIHIC KALE �� u°xuu,m roar ru,+t,[s.usncxnruu°x uwx„w,u�°,cxrs,mu,ou.,i,"se�rumex,x.rauvexu.."°w,. i,rcn.601k_ �.ru,v,ncowuw,>_w � ,. uu!,a°m„txruw,nuveervm.ar�twwe�,nr+ pm,�K,autSOPR15 ENGINEERING LLC - CIVIL CONSULTANTS 502 MAIN STREET,SUITE A3 - CARBONDALE,CDLORA00g1623 (970)704-0311 opr,seng @soprlseng.com Ad Name: 9121630A I EGA_ NoTI -` Customer: Aspen (LEGALS City of ORDINANCE#16,2013 PUBLIC HEARING • Ordinance#16,Series of 2013,was!Adopted on Y first reading at the City Council meeting Apr l 22, Your account number: 1013028 2013. This ordinance,it adopted will approve a lot split for 250 Willoughby Way. The public hearing on this ordinance Is scheduled for May 13,2013,at 5 PM,City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice webstte haw .a spenpkkn.coMDepartments/Clerk/Le- Nts/g you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. TZ: ArZI TIM:1 Published in the Aspen Times Weekly on May 2, 2013. [9121630] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. V That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/2/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/2/2013. In witness whereof,I have here unto set my hand this 05/08/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/08/2013. Mary E.Borkenhagen,Notary Public Commission expires:September 12,2015 3 ray BORk f�y��' Ni i }z= AU � ��F''•.• BLIC � �a ri COIOa 0` rrnmmwuWa��