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Home My WebLink Aboutordinance.council.053-91 ~.t 'c. e" '. 4- '~\ ' "\'."". ~e."", " 'l\ "'~'" *1'352232 :L:,Y2El/92 09,34, I;;:E!': $2:," 00 Bf< 698 PG 781 Silvia Davis, Pitkin Cnty Clerk, Doc $"00 ORDINANCE NO.53 (SERIES OF 1991) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE CASCADES DUPLEX, AND VESTED DEVELOPMENT RIGHTS WHEREAS, pursuant to section 24-7-1007 of the Aspen Municipal Code, a Condominiumization is a Subdivision Exemption by the city Council; and WHEREAS, Peter and Deborah Cantrup have submitted an application for Condominiumization of their duplex (three bedrooms in each unit) located at 647 S. Monarch st., Lot 13 and part. of Lots 12 and 14, Eames and Connors Additions; and WHEREAS, the applicants also requested vesting of development rights for three years pursuant to section 24-6-207 of the Aspen Municipal Code; and WHEREAS, the Engineering Department, having reviewed the application has made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to section 24-7-1007 of the Aspen Municipal Code relating to condominiumization recommended approval with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant a Subdivision Exemption for condominiumization to the Cascades duplex at 647 S. Monarch Lot 13 and part of Lots 12 and 14, Eames and Connors Additions . , with the followings conditions: 1 .; '", " ~." '. ~. #352232 12/:,28/92 09:: 34 Rec: $25Q 00 BK 698 PG 782 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 1. The plat must indicate how many stories are within the structure and where the parking spaces are located (marked by X's) . 2. Prior to Engineering's approval of the condominium plat, the applicant shall sign a curb, gutter and sidewalk agreement as part of the subdivision exemption agreement. 3. Clarify the book and page indication at the western property line via a plat note. 4. The project must supply drywells to provide storm run-off mitigation. 5. A current survey (within 12 months) must be provided and approved by the Engineering Department. Water and electric meters and trash area must be shown, and indicate the subject zone district. 6. Prior to signing the final plat, current title information (within 12 months) must be provided which documents all easements. 7. The applicant shall consult the city Engineer for design considerations of development within the public right-of-way. Permits for such work must be obtained from the city streets Department. 8. The Subdivision Exemption Agreement describing the terms of this exemption must be filed with the Pitkin County Clerk and Recorder concurrently with the condominiumization plat. This document must include a signature block for the Mayor. 9. Prior to the Planning Director signing the final plat for condominiumization the applicant shall pay the Affordable Housing Impact Fee to the Finance Department. The applicant shall forward 2 _A," ~ ,\ 'Z \".- (A ~. 1f!. [;,'J','~"". I!G yt -+.\.c. :I*3522~32 12/28/9:-::: 09~ 34 Rt.?c $2;:::j~ 00 Bt::: 698 F'G 783 Silvia Davis? Pitkin Cnty Clerk~ Doc $~OO a copy of the receipt to the Planning Office. The fee shall be $8,050 per unit for a total of $16,100.00. Section 2: Pursuant to Section 24-6-207 of the Municipal Code, the City Council does hereby grant the applicant vested rights for the Cascades Duplex Condominiums follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the Municipal Code shall also result in the forfeiture of said vested rights. 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property 3 .1" %~\'c_ -."'" ' {L 'ii, ',< I~a"",,' \;IJ' '1<:352232 12/28/92 09:: :34 Hec $25.00 Bf< 698 PG 784 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 subject to land use regulation by the city of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in writing. section 3: The City Clerk shall cause notice of this Ordinance to be publis~ed in a newspaper of general circulations within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approVal of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the followiDg- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 4: That the City Clerk 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. section 5: A public hearing on the Ordinance shall be held on the 13th day of January, 1992 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a 4 .' Ii. ' ~.. ~",' ~. ta ill' --- -- #352232 12/28/92 09~34 Rec $25uOO BK Silvia Davis,; Pttkin Cnty Cler.I.~:~ _D~c 698 PG 785 $.00 public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the city of Aspen on the 16th day of December, 1991. ,,\\ '.-..' -I .~.~ . . ' .." ~. - ~ K~t~~~~~\~OCh, city Clerk .'., ",11\\ (jL I~J-~ John Bennett, Mayor FINALLY, adopted, passed and approved this /~ fJ1z:-t..a. J 1" 1992. .,( OF>' \.. '"j{\ c,. ')'....<:~t;.:\, "'-"'{ .. . '- At~le&J\ L ) ~/~~::k day of ~ 13~- Johnennett, Mayor 5