HomeMy WebLinkAboutordinance.council.042-02 ORDINANCE NO. 42
(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 533 W. FRANCIS STREET,
LOTS A,B, AND C, BLOCK 28, CITY AND TOWNSiTE 'OF ASPEN
PARCEL ID#: 2735-124-25-001
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 subdiwsion exemption subject to review and approval by City Council after
obtaining a recommendation from the Historic Preservation Commission (hereinafter
HI'C); and
WHEREAS, the applicant, David Gibson~ owner of 533 W. Francis Street, Lots
A, B, and C. Block 28, City and Townsite of Aspen, has requested approval to split a
9,000 square foot parcel into one 4,200 square foot parcel (Lot 1) and one 4~800 square
foot parcel (Lot 2); and
WHEREAS, the Community Development Department has rewewed the
application and recommends approval of the Historic Landmark Lot Split; and
WHEREAS, the HPC reviewed the request for the historic lot split at a properly
noticed public heating on November 13, 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 heating; 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; 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 TItE
CITY OF ASPEN, COLORADO, THAT:
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Section ]
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 subicct to those conditions of
approval as specified herein, thc CiW Council finds as follows m regard to the
subdivision exemption:
1~ The applicant's submission is complete and sufficient ro afford review and
evaluation for approval; and
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.450 of the Municipal Code, which purposes include: assis!
in £he orderly and efficient developmem 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 s~andards 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 o£the City of Aspen.
Section 2
Pursuant to the findings set forth in Section l, above, the City Council does
hereby grant an Historic Landmark Lot Split subdivision exemption for 533 W. Francis
Street with the following conditions:
1. The ttPC has approved a 500 square foot FAR bonus.
2. The HPC has approved the following setback variances for Lot 1: a 4'west
sideyard setback variance, a 2.5' east sideyard setback variance, a 6.5'
combined sideyard setback variance, and a 15' combined front and rear yard
setback variance.
3. The subdivision exemption agreement and plat shall be recorded in the
office of the Pitkin County Clerk and Recorder. Failure on the part of the
applicant to record the plat within one hundred eighty (180) days following
approval by the city council shall render the plat invalid. The Conununity
Development Director may extend the recordation deadline if the request is
within the vesting timeline and if there is a community interest for providing
such an extension. The Community Development Director may forward the
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extension request to the Planning and Zoning Commission. 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 norwill 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 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. The FAR on the two lots created by this lot split Shall be allocated as
follows: Lot 1 shall receive 2,010 square feet and Lot 2 2,570 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 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 he deemed a separate, distinct, and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 6
A public hearing On the Ordinance was held on the 16th day of December, 2002,
in the City Council ChamberS, Aspen CitY Hall, ASpen Colorado.
I~qTRODUCED, READ AND ORDERED pUBLISHED as provided by law by
the City Council of the City of Aspen on the 25th day of November, 2002.
MAYOR:
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r Clerk
tdopted, passed and approved this 16th day of December, 2002.
MAYOR:
FORM:
City Attorney
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