HomeMy WebLinkAboutExhibit E_Ordinance 14_2002_LotSplitPage: 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, pursuanttoSections26.480.030(A)(2)
and (4), Section26.470.070(C), andSection26.415.010(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, Cityand ToWnSite Of'
Aspen, have requested approval tosplit a 9,000 square foot parcel into twolots 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
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 Guideline2.2." 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
ofthe Smith-E1/sha House. As a condition of the variance, which
was partially justifiedby the owner's desire to have the two new lots share an existing
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 andTov~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 Section26.480 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 lotarea 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 andB, 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
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