HomeMy WebLinkAboutordinance.council.017-03 PaG~e: 1 of* 4
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,SILVIR DRV~S PITKIN COUNTY CO R 21.00 D ~.00
ORDINANCE No. 17
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEM?TION LOT SPLIT FOR LoTS 1 AND 2 OF THE ?ROPERT¥ TO BE OWN
AND DEDICATED AS THE RUTH WHYTE LOT SPLIT LOCATED AT 321 WEST
BLEEKER STREET, CITY OF ASPEN, PITI(IN COUNTY, COLORADO.
Parcel ID: 2735-124~41-002
WHEREAS, the community Development Department received an application from
Ruth Whyte, represented by Davis Horn Inc. requesting approval of a Subdivision Exemption
Lot Split of the property to be known as Lot 1 and Lot 2 of the Ruth Whyte Lot Split, located at
321 W, Bleeker Street, City of Aspen, Pitkin County; and
WHEREAS, Pursuant to Land Use Code Section 26.480.040(B), the Aspen City
Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for a
Subdivision Exemption Lot Split, after considering a recommendation by the Community
Development Department; and,
WHEREAS, the CommunitY DevelOpment Department reviewed the application for a
Subdivision Exemption Lot Split for the property to be described as Lots 1 and 2 of the Ruth
Whyte Lot Split located at 321 W. Bleeker Street (Lots D, E, F, and G, Block 44, of the City and
Townsite), City of Aspen, Pitkin County, Colorado and recommended approval with conditions;
and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water
Department, the City Engineering Department, and the City Parks Department have reviewed the
application and provided referral comments; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
refen'al agencies, and has taken and considered public comment at a public heating; and,
WHEREAS, the City CoUncil finds that the development proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, w/th
conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinan~ ~hers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BElT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for Lots 1 and 2 of the property to be known and described as
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Lots 1 and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker St, City °fAspen, Pitkin
County, is approved with the following conditions:
1. The applicant shall submit and record a subdivision exemption plat that meets
the terms of Chapter 26.480~ and conforms to the requirements of tlne Land
Use Code, in the office of the Pitkin County Clerk and Recorder no later than
180 days after approval of this ordinance. Furthermore, the proposed Lot
Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot
2 and show all easements of record.
2. The applicant shall submit and record a subdivision exemption agreement that
meets the terms of Chapter 26.480.030, and conforms to the requirements of
the Land Use Code, in the office of the Pitkin County Clerk and Recorder no
later than 180 days after approval of this ordinance.
3. The lot split plat shall exhibit two lots in conformance with the R-6 Zone
District regulations and shall include the following plat notes:
a. The eXisting house need not be demolished to accommodate the newly
created lot boundaries and the encroachments into the side yard
setbacks and alley, and may continue to exist for the life of the original
structure only. Upon redevelopment, all structures on these two (2)
lots shall comply with the R-6 ZOne District provisions with respect to
the newly created lot boundaries and setbacks. The subdivision
exemption plat shall grant an easement to allow for the existing
residence to be maintained across the new lot line and Shall function
for the life of the existing structure only. Upon redevelopment, the
encroachments into the alley must also be removed.
b. Upon redevelopment of Lots 1 and 2, the developer shall seek
exemptions from GMQS on each of the lots pursuant to Section
26.470.070(B), as amended from time to time. Any ADU to be
constructed on Lots 1 and 2 shall be detached from the main residence
and completely above-grade.
4. Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and GMQS
Exemptions.
5. The applicant shall obtain a tree removal permit pr/or to removing any trees
from the site for which a tree removal permit is required pursuant to Chapter
13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during
the development of Lots 1 and 2 Shall have its drip line fenced off prior to,
and throughout construction. Tree Removal Mitigation may be required for
remOVal of trees pursuant to Municipal Code Chapter I3.20.
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6. The applicant sh~ll install a fire sprinkler system that meets the requirements
of the Fire Marshal in any of the proposed residences that exceed 5,000 square
feet in size.
7. The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. N° clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall
require the use of a pumping station. The existing sewer line may be used to
service one of the new residences if it is inspected and determined to be
satisfactory by the Aspen Sanitation District. If the existing service line is not
used for the proposed development it must be abandoned and removed.
8. The applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with the apPlicable standards of Title 8 (Water
COnservation and Plu~mbing Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department. Upon redevelopment of the
new lots, the applicant shall abandon the existing water service line prior to
receiving new water taps.
Section 2:
All material representations and commitments made by the applicant pursuant to the development
proposal approvals as herein awarded, whether in public heating or documentation presented before
the City Council, are hereby incbrporated in such Plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not effect any 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 in a 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 heating was held on the 14th day of April at 5:00 PM in City Council Chan~bers, Aspen
City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISItED as pr°vided by law, by the City
Council of the City of Aspen on this 10th day 0fMarch, 2003.
SILVZgl DI~VZS PITKZN COUNTY CO R 2[.ee
Attest: .,,
H~len ~hn ~a~d, Mayor
~N~Y, ~dopted, passed ~d a~pro~ed by a fi~e to ze~o (5-0) ~ote o~ t~is ]4th day of
2003.
Clerk Hot~n kal~ I~lahderu~,W~y61;
Approved as to form:
-John Worcester, City Attorney