HomeMy WebLinkAboutordinance.council.063-94
!I,II),.. '.
/_.\
, \t
'..~
.~-, '
\~'.,
'{
'<,,-
k,(t,.",,
V~ .
'If,'.
\~
385969 8-795 P-173 09/28/95 04,09P PG 1 OF 4
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
1\10
REC
21. 00
DOC
ORDINANCE NO. 0'::.>
(SERIES OF 199~
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 305 WEST HALLAM
STREET (LOTS F, G, H, AND I, BLOCK 43, CITY AND TOWNSITE OF ASPEN)
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 applicant, Andrew J. Doremus has requested to
split his 12,000 square foot parcel to create two 6,000 square foot
residential parcels; and
WHEREAS, the Planning Department, Engineering Department,
Zoning Enforcement Officer, Historic Preservation Officer, 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:
385969
'*e
IN,, ,
~<...
,1','-""
k
-q,
'q,
I!,!lt',
It,
\('
'\"
"
B-795 P-174 09/28/95 04:09P PG ~
OF 4.
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.
section 2: Pursuant to the findings set forth in Section 1 above,
the City council does hereby grant a subdivision exemption and GMQS
exemption for 305 West Hallam Street with the following conditions:
1) The Plat must meet the requirements of section 24-7-1004.D.
of the Municipal Code.
2)
The developer shall replace the damaged curb and gutter on the
Second Street frontage before issuance of a Certificate of
Occupancy.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24-7-1004 C.4.f.
4) An electric transformer easement shall be provided for the
existing meter box on lot 1 and a 4'x4' easement is required
at the southeast corner of lot 2.
5) The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-Of-way.
6) Permits from the Streets Department are necessary for any work
in the right-Of-way, including landscaping. Approval of
building permit plans does not constitute approval of design
or work in the public right-of-way.
7) Development on each parcel shall meet current driveway
requirements.
8)
Pedestrian space must be retained along the street rights-
of-way.
2
385%9
~"",,-
v}
'\'",'
'~'.'.
''\,'''-
f., '
,\II'
"rt
@
~\
B-'795 P-'175 09/28/95 iZ14:09P PG 3
OF 4
9)
The encroaching fence along Second Street must be relocated
or removed at the time of development of Lot 2.
10) Prior to the issuance of any demolition or building permits,
tree removal permits from the Parks Department are required
for any tree 6"diameter or greater which will be removed or
relocated. Submit for tree removal permits at least two weeks
prior to submitting for building permit.
11) Trees which will be retained must be protected prior to any
demolition, grading, excavation or material storage by the
placement of barricade fences around the drip lines of the
trees.
12) 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.
13) 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 the subdivision exemption approval is void.
14) The plat shall contain language stating that the setback non-
conformities created by the new lot line shall be eliminated
during redevelopment on the two lots to conform with the
setback requirements of the R-6 zone district.
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
3
e.
lAI",',
@
%Iil,.
e.,
,;.,.,',.,
''i'"
':l.
.,.,...,'.....,,
h-
1\
"<
3/35%9
B-795 P--l'16 09/28/95 04:09P PG 4
OF 4
/~ day Of~/,~994 at 5:00 P.M. in the city Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to 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
'12~~:f.~~
",,~ '( l)F -1 $",,"""':>
".... ,'\ '- .....,.. ~ ...~-~
$t;.. "..1"~'
~ . .,
2' ATTEST,: '. ~. tlru
,= 'lr.' "if'
,E e ~ '
~: ..... ' ./
. 'Kqeh, city Clerk
~
.'
"
,.'
",.,.,
FINALLY, adopted, passed
/~. 1994.
"." .'
\'\'- 0 F- """'" '-""'"
,,' 4'\ " . ~ ", "
~, ,'\. </,.. "...... ~
,i.fi.~ST: "'1< \. .
~ ~ ..:;,
J. ,,- ;
/1l
day of
, 1994.
~ t>-~-
John Bennett, Mayor
and approved this ,I (;,2-"
~e~-
Joh Bennett, Mayor
day of
4