HomeMy WebLinkAboutordinance.council.017-91 Or~inanoe 17
Series 1991
AN ORDiNAnCE OF THE CITY CODICIL OF THE CITY OF ASPEN~ COLORADO
APPROVING THE FIRST AMENDMENT TO THE TAGERT LOT SPLIT PLAT ~HIC~
ADDS AM ACCESS EASEMENT, REVISES PLAT NOTE NO.4 AND ADDS NOTES
5,6 ~ 7.
WHEREAS, the Tagert Lot Split Plat which was approved in 1988
required that any landscaping or manmade features were to be
constructed within the building envelopes as defined on the plat;
and
WHEREAS, the owners of Lots 1 and 2 of the Tagert Lot Split Plat
subdivision wished to amend the plat notes to allow certain window
well construction and landscaping outside of the building envelopes
show on the 1988 plat; and
WHEREAS, the City Engineer and Planning Office determined that an
access easement for the benefit of Lot 2 was represented to and
approved by the City Council during the 1988 lot split
consideration but was not drawn on the plat which was recorded by
the Pitkin County Clerk and Recorder; and
WHEREAS, the owners of both lots of the Tagert Lot Split Plat
consented to submission of an application to amend and expand the
plat notes of said plat and to establish an access easement across
Lot i for the benefit of Lot 2; and
WHEREAS, Section 24-7-1006 B. of the Municipal Code states that
City Council may approve a plat amendment provided the change is
consistent with the approved plat; and
WHEREAS, the City Engineer and Planning Office reviewed the
proposed plat amendments and recommended approval with conditions;
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and
WHEREAS, the creation of the access easement on Lot 1 reduces lot
area for purposes of determining allowable Floor Area Ratio (FAR)
on Lot 1, thus the existing structure exceeds the maximum FAR and
is considered non-conforming. The City of Aspen recognizes this
resulting non-conformity and will not pursue any future enforcement
action regarding this non-conformity; and
WHEREAS, the Aspen City Council having considered the Engineering
Department and Planning Office's recommendations, does wish to
approve the First Amendment to the Tagert Lot Split Plat with
conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
A~PEN, COLORADOI
Section 1~ That it does hereby grant approval for the First
Amendment to the Tagert Lot Split Plat with conditions.
SectioR 2~ The following amended and new notes shall be added to
the Tagert Lot Split Plat:
#4 (amended) "Any man-made features (including but not limited to
window wells, retaining walls, pools, patios, etc.) along the west
side of the Lot 2 must be constructed within the building
envelope."
#5 (new) "No further development (including but not limited to
window wells, retaining walls, pools, hot tubs, patios, etc.) shall
be permitted on the west side of Lot 1, except for within the
window well patios, where such development shall not be higher than
six (6) feet below existing lot grade."
#6 (new) "The planting of trees, bushes and other vegetative matter
will be permitted outside of the building envelopes."
#7 (new) "An easement is granted over the driveway which is part
of Lot 1 for the benefit of Lot 2."
Se~ion 31 The conditions of this approval are:
1. The access easement width shall be expanded to acco~odate the
turning radii of the driveway for Lot 2.
2. Both lot owners shall sign the plat amendment mylars prior to
filing with the Pitkin County Clerk and Recorder.
3. The amended plat must be recorded with the Pitkin County Clerk
and Recorder within 180 days of approval by City Council. Failure
to do so will render the approval invalid,
4. The applicant shall consult with the City Engineer for design
considerations of development within public rights-of-way and shall
obtain permits for any work or development within public rights-
of-way from City Streets Department.
5. Any pending certificates of occupancy will be held by the
Zoning Official until the amended plat and notes are duly recorded.
~. The building envelopa on Lot i shall be adjusted to inoluds
only the two ezisting below grade window well patios on the west
Section 4= That the City Clerk be and hereby is directed, upon
the adoption of this ordinance, to record a copy of this ordinance
in the office of the Pitkin County Clerk and Recorder.
Seotion 5= A public hearing on the Ordinance shall be held on the
~ day of~ , 1991 at 5:00 9.M. in the City Council
Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior
to which a hearing of public notice of the same shall be published
in a newspaper of general circulation within the City of Aspen,
I~RODUCED, REM ~ ORDERED P~LISH~D as provided by law, by
the City Council of the City of Aspen on the =~cyan- day of
~'~,~__ , 1991.
: John~ennett, Mayor
,F~N~L¥, a~opted, passed and approved this ~'~ day of
~, 1991.
John ett, Mayor
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