HomeMy WebLinkAboutordinance.council.036-02 ORDINANCE NO, 36
(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. HALLAM STREET,
LOTS N, O, AND P, BLOCK 42, CITY AND TOWNSITE OF ASPEN
PARCEL ID#: 2735-124-23-006
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 HistQric Preservation Commission (hereinafter
HPC); and
WHEREAS, the applicant, Anton Uhl, owner of 320 W. Hallam Street, Lots N,
O, and P, Block 42, City and Townsite of Aspen, haS requested approval to split a 9,000
square foot parcel into one 6,000 square foot parcel and one 3,000 square foot parcel;
and .~
WHEREAS, the Community Development Department has reviewed the
application mhd recommends approval of the Historic Landmark Lot Split; and
WHEREAS, the HPC reviewed the request for thc historic lot split at a properly
noticed public hearing on August 28, 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 HPC, and has taken and considered public
comment at a public hearing; and
WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; mhd
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/
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Sectioll ] SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00
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 consistent with the purposes of snbdivision 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
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 320 W. Hallarn
Street with the following conditions:
1. 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 (180) 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 no further subdivision may be granted for
these lots nor will additional units be built without receipt of applicable
approvals pursuant to the provisions of the Land Use Code in effect at the
time of application;
c. Contain a plaf ho~'~g-~ll 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 neither the current owner, nor any future
owner of the Pan Abode located on Lot P, Block 42, City and Townsite of
Aspen, will apply for a building permit to demolish the structure at any
time, an agreement reached in recognition of HPC's approval of a 500
square foot floor area bonus as part of this lot split.
e. Contain a plat note stating that the FAR on the two lots created by this lot
split shall be allocated as follows: Lot N and O shall receive 3,080 square
feet and Lot P 1,500 square feet.
f. Contain a plat note stating that the HPC has approved a 500 square foot
FAR bonus, a l 'west Sideyard setback variance for the Victorian, a 3' west
sideyard setback Variance and a 4' rear yard setback variance for a shed
that is along the alley, 5' rear yard setback variances for two other sheds
that are located along the alley and a 4' east sideyard setback variance for
the easternmost of these sheds, a 2' west sideyard setback variance for the
Pan Abode, and a 2 foot combined sideyard setback variance for the Pan
Abode.
Section 3
The applicant has agreed to allow the inclusion of the Pan Abode in the
assessment of the significance of this already landmarked property. The Historic
Structures Inventory Form for 320 W. Hallam Street has been amended to recognize both
the Victorian home mad the Pan Abode as contributing historic structures. All
development of this property is subject to review by the Historic Prese~wation
Commission subject to Section 26.415 of the Municipal Code.
Section 4
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
mad concluded under such prior ordinances.
Section 5
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.
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Section 6 SZLVZn Onvls PITKZN COUNTY ¢0 R Z! .00 O o,ee
A public hearing on the Ordinance was held on the 28th day of October, 2002, in
the City Council Chambers, Aspen City Ha/l, Aspen Colorado.
INTRODUCED, READ AND O~ERED PUBLISHED as ProVided by lawbY
the City Council of the City of Aspen on the 23rd day of September, 2002.
Clerk
FINALLY, adopted, passed and approved this 28th day of October, 2002.
l~ele~ K~f~in~e~Mayor
Clerk
Approved as to form:
B - ?Worce t r
City Attorney
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SILVI~ DAVIS PITKIN COUNTY CO R 26.~ D ~.~
SUBDIVIS~G~ E~TION AG~EMENT
FOR THE UHL HISTO~C L~ND~ LOT SPLIT
THIS SUBDIVISION EXEMPTION AGREEMENT (hereinafter "Agreement")
is made and entered into this _~_ day of /~z~..,. ,2002 by and between TIlE
ESTATE OF MARGERETE A. UIlL (hereinafter "Owner") and TIlE CITY OF
ASPEN, A MUNICIPAL CORPORATION (hereinafter "City").
WlTNESSETII:
WIIEREAS, Owner owns that certain real property (the "Property") located at
320 and 304 West Hallam Street and more particularly described as Lots N, O, and P,
Block 42, City and Townsite of Aspen, State of Colorado (Pitkin County Parcel
Identification Number 2735-124-23~006); and
WIIEREAS, on October 28, 2002, the City Council of the City of Aspen granted
approval of a subdivision exemption for a historic landmark lot split on the Property
pursuant to the procedures and standards Set forth in Title 26 of the Aspen Municipal
Code to place a lot line between Lot P and Lots N and O, resulting in a 3,000 square foot
Lot P and a 6,000 square foot Lots N and O; and
WHEREAS, the approval 0i'the historic landmark lot split was conditioned upon
Owner complying with certain requirements outlined in Ordinance No. 36, Series of
2002, including entering into a Subdivision Exemption Agrbement for the Property; and
WHEREAS, Owner has submitted to the City, for approval, execution and
recordation, a plat for the Property (the "Plat") and the City agrees to approve, execute
and record the Plat (Owner shall pay all applicable recordation fees) on the agreement of
the Owner to the matters described herein; and
WHEREAS, the City has imposed conditions and requirements in connection
with its approval, execution, and acceptance of the Plat, which matters are necessary to
protect, promote and enhance the public health, safety and welfare, and the Owner is
prepared to enter into a Subdivision Exemption Agreement incorporating such conditions
and requirements. ~
NOW, THEREFORE, in consideration Of the mutual covenants contained herein
and the approval, execution, and acceptance of the Plat for recordation by the City, it is
agreed as follows:
1. Acceptance of Plat. Upon execution of this Agreement by all parties
hereto, and upon approval of the final plat by the Engineering Department and the
Community Development Director, the City agrees to approve and execute the final plat
for subdivision exemption for the historic landmark lot split submitted herewith, which
conforms to the requirements of Chapter 26.480 and all other applicable requirements of
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the Aspen Land Use Code. Said Plat and this Agreement shall be recorded (O~vner pays
all applicable recordation fees) in the Office of the Pitkin County Clerk and Recorder
within 180 days of October 28, 2002 (the day Ordinance No. 36, Series of 2002 was
approved).
2. Required Plat NOtes. At a minimum, the Plat shall contain the following
notes:
a. No further subdivision of the subject properties may be granted nor will additional
units be built without receipt of applicable approvals pursuant to the provisions of
the Land Use Code in effect at the time of application.
b. All new development on the subject lots will conform to the dimensional
requirements of the R-6 zone district, with the exception of the variances
approved by the Historic Preservation Commission (HPC) under Resolution
Number 32, Series of 2002. Notwithstanding the foregoing, an applicant for new
development on the subject lots has the rights afforded under the Land Use Code
to request variances from the dimensional requirements of the zone district from
an entity with the authority to hear and decide upon such requests.
c. Owner and future owners of the Pan Abode structure located on Lot P, Block 42,
City and Townsite of Aspen, will not apply for a building permit to demohsh said
structure at any time, an agreement reached in recognition of (but not specifically
in exchange for) HPC's approval of a 500 square foot floor area bonus as part of
this Itt split.
d. The 3,000 square foot lot (Lot P) shall be entitled to 1,500 square feet of FAR
floor area, and the 6,000 square foot lot (Lots N and O) shall be entitled to 3,080
square feet of FAR floor area.
e. The HPC has approved, under Resolution Number 32, Series of 2002, a 500
square foot FAR bonus (already reflected in the FAR limits established under note
"d," above), a 1' west side yard setback variance for the Victorian, a 3' west side
yard setback variance and a 4' rear yard setback variance for a shed that is located
along the alley, 5' rear yard setback variances for two other sheds that are located
along the alley and a 4' east side yard setback variance for the easternmost of
these sheds, a 2' west side yard setback variance for the Pan Abode, and a 2'
combined side yard setback variance for the Pan Abode.
3. Historic Designation. Owner hereby agrees to the inclusion of the Pan
Abode structure on Lot P in the assessment of significance for the already landmarked
Property. The Aspen Inventory of Historic Landmark Sites and Structures Form for 320
West Hailam Street shall be amended to recognize both the Victorian home and the Pan
Abode as contributing historic structures. All development on the Property is subject to
review by the Historic Preservation Commission pursuant to Section 26.415 of the
Municipal Code.
4. Subdivision. No further subdivision of the Property may occur without
receipt of applicable and required approvals pursuant to Chapter 26.480 of the Aspen
Land Use Code (hereinafter "Code") and growth management allocation pursuant to
Chapter 26.470 of the Code, unless the Code is amended in a manner that otherwise
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SILVIA DAVIS PITKIN COUNTY CO R 26.00 D
allows for further subdivision, similarly, no additional dwellin~units may be
constructed on the Property without receipt of applicable and required approvals.
5.. Development Potential. The historic landmark lot split results in two (2)
lots, one of 3,000 square feet (Lot P) and another of 6,000 square feet (Lots N and O).
The maximum combined development potential shall not exceed three (3) principal
dwelling units, which may be comprised of a duplex (or two-detached single-family
homes on the 6,000 square foot lot) and a single-family home on the 3,000 square foot lot
pm'suant to Section 26.480.030(A)(2)(g) of the Code. It is noted, however, that locating a
second detached single-family home on the 6,000 square foot lot would require
conditional uSe approval from the Planning and Zoning commission. In addition, any
new development on either lot will require review of and approval from the HPC.
6. Future Development. The subject lots are exempt from the scoring and
competition procedures of the Growth management Quota System (GMQS) pursuant to
Section 26.470.070(C) of the Code. Further, accessory dwelling units or cash-in-lieu fees
shall not be required on or of the subject properties pursuant to Section 26.420.020 of the
Code. Any new development on the Property will conform to the dimensional
requirements of the R-6 zone district unless a variance(s) has been approved by an entity
having the authority to do so. The Property is designated as an historic landmark and
must receive Historic Preservation Commission (HPC) approval for all future
development (except development limited to the interior of a building(s)) in accordance
with Chapter 26.420 of the Code.
7. Material Representations. All material representations made by the
Owner on record, whether in public hearings or in documentation presented before City
Council, shall be binding upon the Owner.
8. Enforcement. In the event the City determines that the Owners are not in
substantial compliance with the terms of this Agreement or of the Final Plat, the City may
serve a notice of noncompliance and request that the deficiencies be corrected within a
period of forty-fiVe (45) days. In the event the Owners believe that they are in
compliance or that the noncompliance is insubstantial, the Owners may request a hearing
before the City Council to determine whether the alleged noncompliance exists or where
any amendment, variance, or extension of time to comply should be granted. On request,
the City shall conduct a hearing according to its standard procedures and take such action
as it deems appropriate. The City shall be entitled to all remedies at equity and at law to
enjoin, correct and/or receive dan~ages for any noncompliance with this Agreement.
9. Notige~. Notices to the parties shall be sent in writing by U.S. certified
mail, return receipt requested, postage prepaid, Such notices shall be deemed received, if
not sooner received, three (3) days after the date of the mailing of the same.
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sI~.Wn onvzs PIrKIN COUNTY CO R zs.ee o e.ee
To the Owner: The Estme of M~garete A. ~1 ~
c/o Shoe H~ey, Esq.
Holl~d & H~, LLP
600 East Mdn Street
Aspen, CO 81611
To the City: City Attorney
City of Aspen
130 South Galena S~eet
Aspen, CO 81611
10, Binding Effect. The provisions of this A~eement shall m with and
constitute a b~den on ~e l~d ~d shall be binding upon ~d inure to the benefit of the
Owners, ~eir successors ~d assi~s, and to the City ~d its successors ~d assi~s.
11. Amendment. Tbs A~eement may be altered or mended only by
whtten instrument executed by all p~ies hereto, with ~e sine locality as ~is
A~eement was executed.
12. Severabili~. If ~y provision of this A~eement is dete~ined to be
invalid, such invalidity shall not affect ~e remaining provisions hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Exemption Agreement the day m~d year first written above.
OWNER:
THE ESTATE OF MARGARETE A. UHL
tive Julie Grant, Co-P~"t~f't~l Representative
APPROVED:
~cr n"W~5~'r c e s t ~,* C~ t y Attorney
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.SILVZ$~ D~VZS PITK~N COUNTY CO R 26.00 D 0.00
THE CITY OF ASPEN, coLO~o ATTEST:
a m~icip~ co~oration
B~:He~~~-By:~~
STATE OF COLORADO )
) SS.
COUNTY OF PITKIN )
The foregoing was sworn and subscribed to before me this .~r& day of
~=~m~l~, 2002, by ~ton ~1, Co-Personal Representative for the E~:~
Witness my h~d =d official seal. ~
STATE OF~O )
COUNTY OF.~ITI~ ~ )
~ T~e foregoihg was sworn =d subscribed to before me this ~ day of
~, 2002, by Julie Gr~t, Co-Personal Representative for the Estate of
Marg~ete A. ~1.
W/mess my h=d ~d offal seal.
commission
G~cIELA CALDERON
STATE OF COLORADO )
) SS, NOPO Count'
COUNTY OF PITON )
The foregoing was sworn ~d subscribed to before me this ~ day of
~_~m ~ ,2002, by Helen Kalin Kl~demd =d Kat~ ~, as Mayor and
City Clerk, respectively, of~e City of Aspen, a M~icipal Co~oration.
Wimess my h~d ~d official seal.,
My co~ission expires
~arymubfld
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