HomeMy WebLinkAboutordinance.council.048-03ORDINANCE No. 48
(SERIES OF 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION
EXEMPTION LOT SPLIT FOR LOTS 1 AND 2 OF THE PROPERTY TO BE KNOWN
AND DEDICATED AS THE CHART HOUSE LOT SPLIT, AND DENYING A LOT SPLIT
GMQS EXEMPTION REQUEST ON THE PROPERTY LOCATED AT 219 EAST
DURANT AVENUE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel ID: 2735-131-06-002
WHEREAS, the Community Development Department received an application from
Balderson/Cabei1, LLC, represented by Stan Clauson Associates LLC, requesting approval of a
Subdivision Exemption Lot Split and a GMQS exemption for a lot split of the property to be
known as Lot ! and Lot 2 of the Chart House Lot Split, located at 219 E. Durant Avenue, City of
Aspen. Pitkin County; and,
WHEREAS, pursuant to Land Use Code Section 26.480.040(B), the Aspen City
Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for a
Subdivision Exemption Lot Split, after considering a recommendation by the Community
Development Department: and.
WHEREAS, pursuant to Land Use Code Section 26.470.070(1 }, the Aspen City Council,
in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or disapprove a GMQS exemption for a lot split, after
considering a recommendation by the Community Development Department: and,
WHEREAS, the Community Development Department rewewed the application for a
Subdivision Exemption Lot Split for the property to be described as Lots 1 and 2 of the Chart
House Lot Split located at 219 E. Durant Avenue (Lots 6, 7, 8, and 9. of the Eames Addition to the
City and Townsite), City of Aspen, Pitkin County, Colorado and made findings that the
application meets the review standards for approving a lol split that are set forth in Land Use
Code Section 26.480.030(A)(2), but finds that the application does not meet the rewew standards
for a GMQS exemption for a lot split pursuant to Land use Code Section 26.470.070(1); and,
WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water
Department, the City Engineering Department, and the City Parks Department have reviewed the
application and provided referral comments; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds the
applicable revie;v standards for approving a Subdivision Exemption for a Lot Split, with conditions;
and,
WHEREAS, the City Council finds that the development proposal does not qualify for a
GMQS exemption for a lot split pursuant to Land Use Code Section 26.470.070(1) because the
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1880 incorporation plat of Aspen; and,
WHEREAS, City Council unanimously denied a motion ~o approve both the requested
Subdivision Exemption for a Lot Split and the GMQS Exemption for a Lot Split; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the
promotion ofpubhc health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Subdivision Exemption Lot Split for the property to be known and described as Lots 1 and 2 of the
Chart House Lot Split located at 219 E. Durant Avenue, City of Aspen. Pitkin County, is approved
with the following conditions:
The Applicant shall submit and record a subdivision exemption plat that meets
the terms of Chapter 26.480. and conforms to the requirements of the Land
Use Code, in the office of the Pitkin County Clerk and Recorder no later than
180 days after approval of this ordinance. In addition, the proposed Lot Split
Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2
and show all easements of record. A plat note shall also be included on the
subdivision exemption plat that states that a building permit shall not be
issued on Lot 2 until a GMQS allotment is obtained to develop on said lot.
The Lot Split Plat to be recorded shall not include the allowable FAR because
this Lot Split Approval does not vest an allowable FAR pursuant to Section 2
below.
The Applicant shall submit and record a subdivision exemption agreement
that meets the terms of Chapter 26.480.030, and conforms to the requiremems
of the Land Use Code. in the office of the Pitkin County Clerk and Recorder
no later than 180 days after approval of this ordinance.
3. The loi split plat shall exhibit two lots in conformance with the L/TR Zone
District regulations and shall include the following plat notes:
The existing structure need not be demolished to accommodate the
newly created lot boundaries and the encroachments into the setbacks
and right-of-way, and may continue to exist for the life of the original
structure only. Upon redevelopment, all structures on these two (2)
lots shall comply with the L/TR Zone District provisions with respect
to the newly created lot boundaries and setbacks. The subdivision
exemption plat shall grant an easemem to allow for the existing
structure to be maintained across the new lot line and shall function for
the life of the existing structure only. Upon redevelopment, the
encroachments into the public right-of-way must also be removed.
Both lots shall comply with the applicable development regulations prior to
applying for building permits, including those regulations related to
Residential Design Standards, Accessory Dwelling Units, and the Growth
Management Quota System:
The Applicant shall obtain a tree removal permit prior to removing any trees
from the site for which a tree removal permit is required pursuant to Chapter
13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during
the development of Lots 1 and 2 shall have its drip line fenced off prior to,
and throughout construction. Tree Removal Mitigation may be required for
removal of trees pursuant to Municipal Code Chapter 13.20.
The Applicant shall install a fire sprinkler system that meets the requirements
0fthe Fire Marshal in any of the proposed structures that exceed 5,000 square
feet in size.
The Applicant shall comply with the Aspen Sanitation District's rules and
regulations. No clear water connections (roof, foundation, perimeter drains)
shall be allowed. All sanitation-related improvements below grade shall
require the use of a pumping station. The Applicant shall provide sewer
service to Lots 1 and 2 by either pumping the services to the existing sewer
line in Dean Street or install a main sewer line and manholes in the Durant
Avenue Right-of-Way.
8. The Applicant shall comply with the City of Aspen Water System Standards,
with Title 25, and with the applicable standards of Title 8 (Water
Conservation and Plumbing Advisory Code) of the Aspen Municipal Code, as
required by the City of Aspen Water Department. Upon redevelopment of the
new lots, the applicant shall abandon the existing water service line prior to
receiving new water taps.
Section 2:
Approval of the Lot Split described herein solely splits the fathering parcel into two (2) conforming
lots and does not vest a site-specific development plan. Therefore, the approval granted herein does
not exempt or vest the uses or dimensional requirements of the lots created herein from zoning
changes to the Underlying zone district. Moreover, City CoUncil hereby denies the GMQS
exemption request for a lot split pursuant to Land Use Code Section 26.470.070(1), finding that the
fathering parcel is located outside of Original Mapped Townsite of Aspen as was established on the
1880 incorporation plat 0f Aspen.
Section 3:,
All material representations and commitments made by the Applicant pursuant to the development
proposal approvals as herein awarded, whether in public heating or documentation presented before
the City Council, are hereby incorporated in such plan development approvals and the same shall be
complied with as if fully set forth herein, unless amended by an authorized entity.
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Section 4:
This Ord'mance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending unde? or by virtue of the ordinances repealed or anlended as
herein provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5:
If any section, subsectiom sentence, clause, phrase, or portion of th/s 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 remaimng
portions thereof
Section 6:
A public hearing was held on the 14th day of October at 5:00 PM in City Council Chambers, Aspen
City Hall. Aspen, Colorado. fifteen (15) days prior to which heating a public notice of the same was
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 this 8th day of September, 2003.
Attest:
HNALLY, adopted, passed and approved by a four to one (4-1) vote this 14th day o£ October,
2003.
Attest:
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$ILVI~ O~VI$ PI?KIN COUNTY CO R 26.00 O 0.00
Approved as to form:
Jol~wYV~est~r, City Attorney