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Home My WebLink Aboutordinance.council.043-02 ORDINANCE NO. 43 I 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 333 W. BLEEKER STREET, LOTS A, B, AND C, BLOCK 44, CITY AND TOWNSITE OF ASPEN PARCEL ID#: 2735-124-41-001 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 ro review and approval by City Council after obtaining a recommendation from the Historic Preservation Commission (hereinafter HPC); and WHEREAS, the applicant, Brandon L. Marian, owner of 333 W. Bleeker Street, Lots A, B, and C, Block 44, City and Townsite of Aspen, has requested approval to split a 9,000 square foot parcel into one 6.000 square fool parcel and one 3,000 square foot parcel; and WHEREAS, the Community Development Department 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 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 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; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public health, safety and welfare. NOW, I'HEREFORE, 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 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 establishing standards for the design ora subdivision; improve land records and surv'ey 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 consm~er 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 O£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 333 W. Bleeker Street with the following conditions: I. 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 Community 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 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 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 plat note stating that all new development on the lots will conform to the dimensional requirements of the R-6 zone district. d. The FAR on the two lots created by this lot split shall be allocated as follows: Lot 1 shall receive 2,280 square feet and Lot 2 1,800 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 Page: 2 of 3 01/10/2003 10: 33~q 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 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. INTRODUCED, READ AND ORDERED pUBLISHED as provided by law by the City Council of the City of Aspen on the 25th day of November, 2002. : , e n e Ma ' Clerk Passed this 16th day of December 2002. MAYOR: .i :? . ,~,., £ '. ~, , / V~a~ S. ~h,,,Ci~y Clerk APPROVED AS TO FORM: