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Home My WebLink Aboutordinance.council.057-93 - Me' [ , I,,, "\\'.. -; m \\(" ORDINANCE NO. 57 (SERIES OF 1993) R'L{J{~. ~()"Ic: 735 p~ G,Lf;J... b'73 &tfi./ /"'tf., AN ORDINANCE OF THE CITY COUNCIL OF ASPEN, COLORADO, GRANTING SUBDIVISION EXEMPTION, GMQS EXEMPTION APPROVAL AND VESTED RIGHTS FOR THE OXLEY LOT SPLIT (EAST ONE-HALF OF LOT B, LOTS C, D, E, AND F, BLOCK 21, ORIGINAL ASPEN TOWNSITE) WHEREAS, Section 24-7-1003 .A. 2 of the Aspen Municipal Code (f) ,:,; HO' r-D <:-D i-l...1 D..o tl D <tJ:l H! (f) -,J lij provides for City Council approval for lots splits as Subdivision Exemptions and Section 24-6-207 allows vested rights .for a period of three years; and WHEREAS, the Applicant, Oxley, submi tted an John C . application for a lot split, GMQS exemption and vested rights to 11 , ,:,; 0' 1) lij the Planning Office; and H WHEREAS, the City Engineering Office has provided referral -; A' C' H OJ Z' .... nt',) 0' c '-0 Z.!> -; -<c; ~ .. " r~ f'I () ~D 1) ~~<O CD comments on the proposed application; and WHEREAS, the Planning Office reviewed the proposed application 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 ;0;-0. 111 n o ;lJ0 0'TJ [TI :D,,!:::I WHEREAS, the Aspen City Council having considered the Planning Office I S recommendation and Section 24-7-1003 .A. 2 of the Aspen Municipal Code does hereby grant the Subdivision Exemption for the Oxley Lot Split. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY t,,) ;lJ () [TI . n OF ASPEN, COLORADO: - section 1: That it does hereby grant Subdivision Exemption and GMQS Exemption approval for a lot split pursuant to Section 24-7- tl o n 1003.A.2 and 24-8-104.C.a of the Aspen Municipal Code subject to the following conditions: I_d. \Q: ~ - ~ ~\. Ordinance NO.~~ (Series 1993) Page 2 1. The encroaching fences in the alley and on the Smuggler street right-of-way must be removed or receive an encroachment license prior to recordation of the final plat. 2. The parcels shall meet storm run-off requirements of section 24-7-1004.C.4.f at the time of development. 3 . Any work in the public right-of-way including landscaping shall obtain permits from the city streets Department. 4. The new Subdivision Plat and Subdivision Exemption Agreement must be approved by the Planning Office and Engineering Department and recorded with the Pitkin county Clerk and Recorder within 180 days of approval by City Council. Failure to do so may render the approvals invalid. 5. A Curb and Gutter Agreement for a rolled curb is required to be executed indicating that the property owner will install a curb and gutter at such time as directed by the City. 6. Lot 1 is subject to the provisions of section 24-8-104.A.l.a if demolition or an addition takes place. 7. Lot 2 is required to build an Accessory Dwelling unit at the time of construction, pursuant to section 1003.A.2.b of the Aspen Land Use Regulations. (ADU) 24-7- 8. All mater ial 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. section 2: Pursuant to section 24-6-207 of the Aspen Municipal Code, City Council does hereby grant Vested Rights approval for the Oxley 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 property record all plats and agreements as specified herein or in the Municipal Code shall also result in the forfeiture of said vested rights. ,:,; 0" -D -D -.J -D tJ:l I -.j g: 1) I ,:,; 0- D' r. Cri , .... t'.J , -D .!> .... ., .;:) D 'Tl m t..) o 'TJ ., ((& ., ,$1_ \-'" 'c<. . ~'.I).',;"", ~< ~ Ordinance No. 5 ? (Series 1993) Page 3 2. The approval granted hereby shall be subject to all rights of referendum and judicial review. ,:,; D' -D -D -.I -D 3 . Nothing in the approvals provided by 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 of the City provided that such reviews or approvals are not inconsistent with the approval granted and vested herein. t!J I -,j lij 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 properties 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. 01 , .... t...) , '-0 .!> 1) I ,:,; D' -,j .... Section 3: The City Clerk shall cause notice of this Ordinance to - ., be published in a newspaper of general circulation within the City ;~ D of Aspen, no later than fourteen (14) days following final adoption 1) Gl (A hereof. Such notice shall be given in the following form: o 'TJ 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. Section 4: A public hearing on the Ordinance shall be held on the ~;,;1, day Of~IHI'iUjJe^,,-- 1993 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Fifteen (15) days prior to the hearing a public notice of the hearing shal be -. y: '\), ~,~. Ordinance No. 51-- (Series 1993) Page 4 published in a newspaper of general circulation within the City of Aspen. !:...J 0- -(I -0 -.I -D INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the city council of the City of Aspen on the ~::J'5' day of &a-0/ui..pL- IJ.:l I -.J \ll '-' 1993. ~ ~-- B nnett,/~ayor " i ,:,; 0- 0) ,li.JIII/';" \~~' f1 ft.' '. ,,,-\ ."i ,,~' illS' '-r", /'::~t.~'-o' ._,.",,:.t..~;,~'.~--;~;. ",AT,Il'EST: "':- \ ~ :< .r<<t 'rlr :::. , ',~ t:.. l~ t: " "et:ZkJ.u.i' ji "~a ,'jJr.Y.J;1.. .s:. i ~ch , '.. '. ( .~ R ~~ Y.\ '.J \,,,,,\ ." "";I/IIIII!\'.", John r. ell , xiI! City C2~i\.... Clerk .... t..J , -D ., day of - , , .. (~ FINAL, LY, adopted, passed and approved this c,:;z.::::z ., )!2f1J1!!11<,t~9 3 . fA... '. ., D 11\'11'1" ,~\\ :, \," \\\\....'~'t( In ..{~_.....' :-.,\ '...' ..... ,"" f'A~E;ST: .'.t.i.\ ... " / ~?~jf 6\/ ::j~a.,~bryn t K~fh, . .'" //" ora "'f.'1i-;H~<llx~,I'! , '. '1,..." I , ~ , I j II ,1\' l \ . r ~ ' i>~ John ennett, Mayor 1) Gl ., o 'TJ .!>