HomeMy WebLinkAboutordinance.council.045-94 ORDINANCE NO. 45
(SERIES OF 1994)
~N ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 918 EAST COOPER
AVENUE (LOTS M AND N, BLOCK 117, CITY AND TOWNSITE OF ASPEN AND
LOTS M, N, O AND P, BLOCK 35, EAST ASPEN ADDITION) ASPEN,
COLORADO
WHEREAS, pursuant to Sections 24-7-1003 and 24-8-104 C., of
the Municipal Code, a lot split is a subdivision exemption and GMQS
exemption reviewed by City Council; and
WHEREAS, the applicants, Susan Phillips and Leticia Gordon
have requested to split their approximate 12,000 square foot parcel
to create a second residential parcel; and
WHEREAS, the Planning Department, Engineering Department and
Parks Department have reviewed the application and recommend
approval of the lot split with conditions; and
WHEREAS, the Aspen City council has reviewed and considered
the subdivision exemption and GMQS exemption under the applicable
provisions of the Municipal Code as identified herein, has reviewed
and considered those recommendations made by the Planning
Department and has taken and considered public comment at public
hearing; and
WHEREAS, the city Council finds that the lot split, with
conditions, meets or exceeds all applicable development standards;
and
WHEREAS, the City'Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Section 1: Pursuant to Sections 24-7-1003 and 24-8-104 C. of the
Municipal Code, and subject to those conditions of approval as
specified hereinafter, the City Council finds as follows in regard
to the subdivision exemption and GMQS exemption:
1. The applicant's submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.0
Se~tlon 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant a subdivision exemption and GMQS
exemption for 918 East Cooper Avenue with the following conditions:
1. All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
2. The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or subdivision approval is void.
3. The final plat shall meet the requirements of Section 24-7-
1004 of the Municipal Code and shall include but not be
limited to the following:
a. The surveyor's certificate or a note on the drawing must
state that all easements of record as indicated on Title
Policy No. __ , dated have been shown.
b. Two corners of the existing parcel are not indicated as
being monumented. The corners need to be monumented prior to
final plat approval. The interior monuments are required to
be set within one year of the sale of either lot.
c. The surveyor's certificate or a note on the plat needs to
state that the survey closes to 1:10,000.
d. Adjacent, subdivided lots are required to be labeled on
the plat.
e. Area of the property to the nearest 0.001 acre and the
zone district.
f. Language stating that the setback non-conformities created
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by the new lot line shall be eliminated during redevelopment
on the two lots to conform with the setback requirements of
the R/MF zone district.
g. Language stating that prior to the issuance of any
building permits the proposed development or redevelopment of
the property shall meet the storm runoff requirements of
Section 24-7-1004.c.4.f. This would provide for only historic
storm runoff to be permitted to leave the site.
h. Language stating that any new surface utility needs for
pedestals or other facilities shall be installed on an
easement provided by the applicant and not in the public
right-of-way.
i. Language stating that the relocation, demolition or
partial demolition of any of the historic inventory structures
on the parcel(s) must recieve review and approval by the
Historic Preservation Committee (HPC). Approval of the lot
split by City Council does not negate HPC's review and
determination of findings.
4. Prior to final plat approvals, the applicant shall enter into
an agreement to construct curb and gutter if required by the
City in the future.
5. The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-of-way.
6. Lot owners shall consult city engineering for design
considerations of development within public rights-of-way,
parks department for vegetation species, and shall obtain
permits for any work or development, including landscaping,
within public rights-of-way from city streets department.
Approval of building permit plans does not constitute approval
of design or work in the public right-of-way.
7. Affordable housing mitigation pursuant to the options stated
in Section 24-8-104 A.l.c. shall be required for each lot.
If an accessory dwelling unit will be developed on a lot, it
shall be approved prior to the issuance of any building
permit, and a deed restriction shall be recorded with the
Pitkin County Clerk and Recorder. Copies of the deed
restrictions must be forwarded to the Planning office prior
to Planning's approval of the building permits.
Section 3: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4: This Ordinance shall not affect 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 5: A public hearing on the Ordinance shall be held on the
~ day of~, 1994 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior ko which
hearing a public notice of the same shall be published one 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 /~-~ day of
~ , 1994.
Joh'
Bennett, Mayor
Kathryn~. ~6eff, City Clerk
FINALLY, adopted, passed and approved this ~ day of
John B , Mayor
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