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Home My WebLink Aboutordinance.council.043-93 ~. ~', ~- '41 . #360555 08/:3:1./93 1.0,24. f;:ec $25.00 BK 722 PG 578 Silvia Davis, Pitkin Cnty Clerk, Doc $nOO ORDINANCE NO.43 (SERIES OF 1993) AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE SUND LOT SPLIT (LOTS D,E,F AND G, BLOCK 35, EAST ASPEN ADDITION) WHEREAS, section 24-7-1003.A.2 of the Aspen Municipal Code provides for City Council approval for lot splits as subdivision Exemptions and section 24-6-207 allows vested rights for a period of three years; and WHEREAS, the Applicant, Metropolis Investment Incorporated, submitted an application for a lot split to the Planning Office; and WHEREAS, the City Engineering Office has provided referral comments on the proposed lot split; and WHEREAS, the Historic Preservation Committee of the City of Aspen has recommended that the western portion of the subject property be considered for historic landmark designation because of a large boulder which has been identified as an historic survey marker for early mining claims in Aspen; and WHEREAS, the lot split approval as requested by the applicant shall not foreclose or limit any future action regarding the parcel's designation as an historic landmark; and WHEREAS, the Planning Office reviewed the proposed lot split pursuant to section 24-7-1003.A.2 of the Aspen Municipal Code and the comments received from Engineering and recommends approval of the Subdivision Exemption for a lot split with conditions; and WHEREAS, the Aspen city council having considered the Planning Office's recommendations and section 24-7-1003.A.2 of the Aspen 1 . ~. '\1. - ~. ra '1Il' *1'36055~5 OfJ/31 1"1::, 10,24 !'(ec $25.00 Bf< 722 f:'[3 579 Silvia Davis~ Pitkin Cnty Clerk~ Doc $.00 Municipal Code does wish to grant the Subdivision Exemption for the Sund lot split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That it does hereby grant Subdivision Exemption approval for a lot split pursuant to section 24-7-1003.A.2 of the Aspen Municipal Code subject to the following conditions: 1) If the BLM survey monument on the boulder is to be relocated, it must be done so by a registered surveyor in accordance with applicable state statutes. 2) To help preserve character of the streetscape, the old rock wall must remain where it currently exists in the public right-of-way. 3) The encroaching wood and wire right-of-way must be removed license prior to development on fences in the Hyman Street or receive an encroachment the lots. 4) A sidewalk in the E. Hyman Ave. right-of-way must be constructed at the time of development of the parcels. 5) The parcels shall meet storm run-off requirements of Sec. 24- 7-1004.C.4.f. at the time of development. 6) If the boulder or part of the boulder is moved, an excavation permit is required. 7) Any work in the public right-of-way including landscaping shall obtain permits from the city Streets Department. 8) All material representations made by ,the applicant in the application and during public meetings with the City Council shall be adhered to and considered conditions of approval, unless otherwise amended in the conditions. 9) The new Subdivision Plat and Subdivision Exemption Agreement 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 subdivision exemption approvals invalid. section 2: Pursuant to section 24-6-207 of the Aspen Municipal Code, City Council does hereby grant the applicant vested rights 2 Ie ll' ~ , " "" . '. .'\' <Ie" ..>.. *1:~560::5~=:.i~5 OB/:~H jet:3 tO~ 24 F(E0C l~2~5n 00 BK 722 PG 580 Silvia D~vis, Pitkin Cnty Clerk, Doc $nOO for the Sund Lot Split as 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 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 published 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 following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section 4: A public hearing on the Ordinance shall be held on the 9 day of ~' 1993 at 5:00 P.M. in the city council Chambers, Aspen city Hall, Aspen Colorado, fifteen (15) days prior 3 ~.\ " ~ 'III' .~'" -Z".:.,.. *!<j60~3:5~5 08/:31/9:::) 10~ 24 Fi:ec $25n 00 BI< 722 F'G 581 Silvia Davis9 Pitkin Cnty Clerk9 Doc $nOO - -...- to which a hearing of 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 /.:< I 1993. ~ ,~ 'l'" , /' " -. /, , "-:7 ) .- , . l.~"""" " ,. /", l1/.... ..- '- '\..-.......- . John Bennett, Mayor ~ \".",,,,,,,,,, "I .." ''', ,\\' '1 ~,. 4" ';..., ,,',i' .......... .ItA......";. ..~... 'W.... ...~{~~ ~.." .../ ''; f . ", j . \. Ka,~hr1n . '., C'O,.......;;\ll -',. ~ 111111" '" ~"FINALLY, adopted, r' 1993. passed and approved this ~ ~ ~ 5: 1;Y~ John en nett , Mayor 4 day of day of City council RYhf.lrt.ftL Approved g 19 By Ordinance :[:1::::~6055~:5 08/~31./9~> 10::24 F<t.7::'C: $25,,00 BI< 722 PG 582 _",..] ", l), . C' p' tl..... C .1- .. C1 =, .k' l) r ,. nn ,."'"'Vl<1,aV'-_"J '- .,In 'hY ."Lr.., Q.. "__ SunG( . I@"., \~ "\! ~.,-,-:' JEAST LJ* Spl it: /i-7,,;,",;i AVJE lH(YMAN PLAt. CAP I!'~~ > WIRE FENCE z.~ . " SET: REI!A.RWIPLAS.l:AI' LSZ4S05 S 15009' liME 120.00 l l , , , ~J. 1 ot.::oot ~ t.C(J)$f 5 ~ l \ \-- ~ tl!d Propou r r F4!nit"l '1 t.CtJOH .. i I 0 I "' ~ I 0 I .. ~ : I I ~ I ~ ~ i I w t-l.,' nOli .. I o o " Q StT: F!nAAWIPu,S.CIlP LSZ430S 1. AjrrOl(ll'\!>.TE l.o<A.TIO{"l ~ t>ov.\ ct~ <" ,. '" , , '" "' o :P tJ "' ' .. . z r . !:.!.. ".;. WALl( . Z4'S'''' , 4 NO!;"" '-'~ [ I , LNOWFEHCE ~ I.g'.. N 75009' II W 120'00 ALLEY - BLOCK - 35-EA'f w