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Home My WebLink Aboutordinance.council.041-96 e e . - ORDINANCE NO. 41 (Series of 1996) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO AMENDING CHAPTER 26 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, TO EXTEND THE HISTORIC LANDMARK LOT SPUT TO THE R-15A ZONE DISTRICT BY AMENDING SECT~ON 26.28.060(B), MODERATE-DENSITY RESIDENTIAL (R-15A), PERMITTED USES, SECTION 26.28.060(D), MODERATE-DENSITY RESIDENTIAL (R-15A), DIMENSIONAL REQUIREMENTS, AND SECTION 26.88.030(A), SUBDIVISION EXEMPTION. WHEREAS, Section 26,92,030 of the Municipal Code provides that amendments to Chapter 26 of the Code, to wit, "Land Use Regulations," shall be reviewed and recommended for approval by the Planning Director and then by the Planning and Zoning Commission at a public hearing, and then approved, approved with conditions, or disapproved by the City Council at a public hearing; and WHEREAS, the Planning Director did receive from Henry and Lana Trettin an application for an amendment to the land use regulations, and reviewed and recommended for approval, certain text amendments to Chapter 26 relating to Sections 26.28,060(8), Moderate-Density Residential (R-15A), Permitted Uses, Section 26,28,060(0), Moderate-Density Residential (R-15A), Dimensional Requirements, and Section 26,88.030(A), Subdivision Exemption; and WHEREAS, the Planning and Zoning Commission reviewed the proposed text amendment on October 15, 1996 at which time the Planning and Zoning Commission recommended approval to City Council by a vote of 5-0; and e e - WHEREAS, the City Council finds that the text amendment will be consistent with the public welfare and purposes and intent of Chapter 26 of the Municipal Code and will: . provide a historic preservation incentive to create non-conforming sized parcels and allow fee simple ownership of these lots; . be available to approximately 3 parcels in the R-15A zone district; . permit a lot split on parcels of at least 13,000 square feet in the R-15A zone district, with Planning Director approval . provide the Historic Preservation Commission all physical planning review authority over both parcels created in the Historic Landmark Lot Split; . permit the Historic Preservation Commission to grant historic variances to the parcel that contains the historic structure(s), no variances will be permitted for the new residence; and . provide an incentive to historic landmarks by not restricting the number of these lot splits per year, and not deducting them from the specified growth pool. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Section 26,28.060(B), Moderate-Density Residential (R-15A), Permitted Uses is hereby recommended to be amended by the addition of a new section(B)(6), to read as follows: 6, For properties which contain a historic landmark: two detached residential dwellings on a lot with a minimum lot size of 13,000 square feet. Section 2: Section 26,28.060(0), Dimensional Requirements of Chapter 26 of the Municipal Code of the City of Aspen, Colorado, is hereby recommended to be amended by repealing and reenacting the following Sections to 26.28,060(0): e e e 1, Minimum lot size (square feet): 15,000. For lots created by Section 26,88,030(A)(5), Historic Landmark Lot Split: 3,000. 2, Minimum lot area per dwelling unit (square feet): Detached residential dwelling: 15,000 Duplex: A duplex may be developed on a lot of 15,000 square feet that was subdivided as of April 28, 1975, Otherwise the duplex must be developed with a minimum of 10,000 square feet per dwelling unit, unless the property contains a historic landmark, in which case two detached residential dwellings may be developed with a minimum of 6,500 square feet per unit. 3, Minimum lot width (feet): 75, For lots created by Section 26,88,030(A)(5), Historic Landmark Lot Split:30. 10, External Floor Area Ratio (applies to conforming and nonconforming lots of record): Detached Residential, Allowable Square Feet * Duplex, Allowable Square Feet * * Total external floor area ratio for two detached residential dwellings or a duplex on a lot of less than 20,000 square feet containing a historic landmark shall not exceed the floor area for one detached residential dwelling. Section 3: Section 26.88,030(A), Subdivision Exemption is hereby recommended to be amended by repealing and reenacting the following Sections 26.88.030 (A): 5, Historic Landmark Lot Split. The split of a lot that is a designated historic landmark for the development of one new single family dwelling, The Historic Landmark Lot Split shall meet the requirements of Section 26.88.030(A)(2), Section 26,100.050(A)(2)(e), Section 26.72.01 O(G), and the following standards: a. The original parcel shall be a minimum of 9,000 square feet in size and be located in the R-6 zone district or a minimum of 13,000 square feet and be located in the R-15A zone district. e b, The total FAR for both residences shall not exceed the floor area allowed for a duplex on the original parcel. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. c. The proposed development meets all dimensional requirements of the underlying zone district. HPC variances and bonuses are only permitted on the parcel that contains a historic structure, 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: If any section, subsection, sentence clause, phrase, or portion of this ;1'1t Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 6: A public hearing on the Ordinance shall be held on the '7 day of ).(k~ ,1996 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 in an newspaper of general circulation within the City of Aspen. e e .- .... e INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 1L.. day of A,)~A~996. ~/>~ John'Bennett, Mayor ATTEST: ~)yL~ Kathryn ,Koch, City Clerk FINAllY, adopted, passed and approved this 1ft day of ~ ,,1996, ~ JOh~ett:~ ATTEST: