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Home My WebLink Aboutordinance.council.034-02 ORDINANCE NO. 34 (Series of 2002) AN EMERGENCY ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN, COLORADO. TO GRANT APPROVAL FOR A SUBDMSION EXEMPTION FOR AN HISTORIC LANDMARK LOT SPLIT AT 635 W. BLEEKER STREET, LOTS A, B, AND C, BLOCK 24, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-44-001 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, Kruidenier Charitable Foundation, represented by Randall and Allison Bone, and Consortium Architects. have requested approval to split a 9.000 square foot parcel located at 635 W. Bleeker Street, Lots A-C, Block 24, City and Townsite of Aspen, into one parcel of 4,200 square feet and one parcel of 4,800 square feet; and WHEREAS, the Community Development Departmem has reviewed the application and recommends approval of the Historic Landmark Lot Split; and WHEREAS, the HPC reviewed the request for the historic lot split ar a properly noticed public hearing on June 12. 2002 and recommended approval; and WHEREAS, the Aspen City Council reviewed and considered the subdivision exemption under the applicable provisions of the Municipal Code as identified herein, reviewed and considered those reconunendations made by the Commumty Development Department, and the Historic Preservation Commission, and took and considered public comment ar a public hearing held on July 22, 2002, then approved the lot split via Ordinance #23, Series of 2002; and WHEREAS, the City Council found that the Historic Landmark Lot Split meets or exceeds all applicable development standards of the above referenced Municipal Code sections: and WHEREAS, it was recognized subsequently that Ordinance #23, Series of 2002 noted new lot sizes that were not what was represented on the site plan and in the application, and that a new Ordinance would be needed before the Plat and Subdivision Exemption Agreement could be accepted by the City; and WHEREAS, the applicant has a planned closing date on one of the new lots and is in need ora correction to the Ordinance in a timely manner; and WHEREAS, adoption of an emergency Ordinance is an appropriate action and will meet the applicant's needs and Ordinance #34, Series of 2002 shall hereby replace Ordinance #23, Series of 2002; 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 26.480.030(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 regard 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 conststent with the purposes of subdivision as outlined in Section 26.480 of the Municipal Code, which purposes include: assist m 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; 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 635 W. Bleeker Street, Lots A-C, Block 24, City and Townsite of Aspen with the following conditions: Page: 3 of' ~ 09/05/2002 Og: ~.6~q 1. The HPC has approved a 500 square foot FAR bonus, waiver of one parking space for Lot A, a five foot rear yard setback variance and a five foot west sideyard setback variance for the existing historic garage, and a variance from the method for calculating the floor area for the historic garage so that it receives the typical exemption despite the fact that it is not accessed from the alley. This condition shall be noted on the plat. 2. If a tree removal permit is approved for the trees along the alley of Lot A at some point in the future, and this results in there being sufficient open area to provide a parking space, the space will have to be installed, after approval of a site plan by the Historic Preservation Officer, within 6 months of the date that the trees are removed. This condition shall be noted on the plat. 3. A subdivision plat and subdivision exemption agreement shall be reviewed and approved by the Community. Developmem 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 agreemem 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 R-6 zone district, except the variances approved by the HPC. d. Contain a plat note stating that the FAR on the two lots created by this lot split shall be allocated as follows: Lot A shall receive 2,180 square feet and Lot B 2,400 square feet, which 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 This Ordinance was adopted under the procedures set £or~h in Section 4.1 ! of the Charter o£the City o£Aspen, Emergency Ordinances. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the tc~ day of (~~/ ,2002. ATTEST: FINALLY adopted, passed and approved this ~ day of ~, 2002. l~el~n I~ali~KPaX~d, Mayor Kathryn S. ~; City Clerk