The URL can be used to link to this page

Home My WebLink Aboutordinance.council.014-02 Page: 1 of 4 09/05/2002 09: 1 ll:t $ILVIA DAVIS PlTKTN COUNTY CO R 21.00 D 0.00 ORDINANCE NO. 14 (Series of 2002) AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO GRANT APPROVAL FOR A suBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET, LOTS N, O, AND P, BLOCK 44, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-41-005 WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, a 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 applicants, Scott and Mary Caroline McDonald, owners of 320 W. Main Street, Lots N, O, and P, BlOck 44, City and ToWnSite Of'Aspen, have requested approval to split a 9,000 square foot parcel into two lots of 4,500 square feet each; and WHEREAS, the Community Development Department has reviewed the application and recommends approval of the Historic Landmark Lot SPlit; and WltEREAS, the HPC reviewed the request for the historic lot split at a properly noticed public hearing on May 8, 2002, and reviewed a setback variance request at a public hearing on June 12, 2002, and recommended approval; and WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption under the applicable provisions 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 WltEREAS, the City Council finds that the Historic Landmark Lot Split 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: Page: 2 of' 4 09105/2002 09: 1 lA $ILVIA D~VIS PYTKIN COUNTY CO R 2~..00 D 0.00 Section 1 ~ Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section 26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified herein, the City Council finds as follows in r~gard to the subdivision exemption: 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 26.480 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 establisking 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; acquire and ensure the maintenance of public open spaces and parks, provide procedures so that development encourages the preservation of important and unique natural or scenic features, including but not limited to mature trees or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers and other bodies of water, 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 320 W. Main Street with the following conditions: 1. The HPC has approved a 500 square foot FAR bonus, for the purpose of allowing the existing structures to remain in place. The bonus is not being awarded to allow any expansion on the property. This condition shall be noted on the plat. 2. In order to qualify for the bonus, the applicant must meet "City of Aspen Historic Preservation Design Guideline 2.2." A plan for repair and repainting of the Smith-Elisha house must be submitted to HPC staff by July 31, 2002, and the work must be completed by December 31, 2002. The City will require a financial security be posted by the applicant to ensure that this condition is met. 3. The HPC has waived any of the required parking that cannot be contained on the site in the form of legal sized spaces. This condition shall be noted on the plat. 4. The HPC has granted a 3 foot sideyard setback variance along the east side of the Smith-E1/sha House. As a condition of the variance, which was partially justified by the owner's desire to have the two new lots share an existing sidewalk, it was $ILVIA DAVIS P;TKIN COUNTY CO R 21.00 O 0.00 determined that as lung as the historic caniagc house remains the o~y sa-ucture on the east half of Lot 0 and all of Lot ?, Block 44, City and Tov~site of Aspen, said building shall be accessed from the street via the shared sidewalk which runs down the east side of the adjacent Smith- Elisha house. No new sidewalk can be created from Main Street to the carriage house unless approved by the HPC. This condition shall be noted on the plat. 5. A subdivision 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 (I 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 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that the lots contained therein shall be prohibited from 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; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the Office zone district, except the variances approved by the HPC. 4. The FAR on the two lots created by this lot split shall be based on the use of the buildings. At this time the Smith-Elisha house is intended to be a residence and the carriage house is mixed-use. The maximum FAR for each lot may be affected by 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, Lots A and B, each 4,500 square feet in size. This condition shall be noted on the plat. 5. The site is located on Main Street, where pedestrian improvements are an important goal. The applicant must verify that the existing sidewalk, curb, and gutter in front of the property meet the requirements of the City Engineering Department, or rectify any inadequacies Pd0r to filing the plat. 6. Part of the historic significance of this property lies in the fact that this is a significant residence with a large carriage house on the site. These two structures are strongly associated architecturally and establish a strong historic context on the site. The HPC will review any future development on the property, however, as a condition of approval of this lot split, a fence shall not be allowed to be constructed between the two newly create lots, which would separate them visually from each other. This shall be noted on the plat. Section 3 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 repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. 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 portion shall be deemed a separate, distinct, and independent provision and shall not affect the validity of the remaining portions thereof. Section 5 A public hearing on the Ordinance was held On the 24th day of June, 2002, in the City Council Chambers, Aspen City Hall, Aspen Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13th day of May, 2002.. t ~ · H~en ~Kali~ Kl'~'e~ud, Mayor City Clerk , adopted, passed and approved this 2002. , City Clerk Approved as to form: John 1~. Worcester City Attorney