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HomeMy WebLinkAboutordinance.council.015-92 ""',.",,," l' Ii '1: \(, "'~,' f'{ " \.~ ~" ORDINANCE NO. 15 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION EXEMPTION FOR A LOT SPLIT, 330 LAKE AVENUE, LOTS 5,6,7,8 AND 9, BLOCK 103, HALLAM SUBDIVISION, CITY AND TOWNSITE OF ASPEN. WHEREAS, pursuant to section 24-8-104 C.1. (a) of the Municipal Code the applicant, Anthony Hume, has submitted an application to a lot split; and WHEREAS, a lot split shall be considered a subdivision exemption subject to review by the city Council; and WHEREAS, the staff has reviewed the lot split application and has found that the two created lots conform to the minimum lot size of the underlying zoning of R-6, the parcel has not been subject to subdivision by the Board of County Commissioners or City Counpil or subdivision after March 14, 1969, and a final plat shall be filed with the city Clerks office containing all pertinent notes regarding future development; and WHEREAS, staff recommends to the city council approval of the lot split with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That it does hereby approve the lot split for the property located at 330 Lake Avenue, Lots 5, 6, 7, 8 and 9, Block 103, Hallam Subdivision, with the following conditions: 1. A plat shall be filed with the Pitkin County Clerk and Recorder within 180 days of final approval. The plat shall be reviewed and approved by the Engineering and Planning Departments ~ ,',,1:,' ':,' It fi and shall include the following: a. Final plat contents shall comply with section 24-7-10Q4- D.2 of the Municipal Code. There must be language on the plat that states that all easements indicated on title policy ~o. , dated (within past twelve months) have been shown on the plat. The plat must show Hallam Addition lot and block lines and designations. The plat shall contain a note that states that a permit is required from the City Public Works Agency for any work performed in the public right-of-way. b. A note indicating that prior to issuance of a building permit for development on lot 2, the applicant shall submit a drainage plan to the Engineering Department. c. All fences shall be depicted on the plat to determine the fence location and the ownership of the property. d. A note referencing the Environmentally Sensitive Area and shall read as follows: Any development on these lots. is subject to review for compliance with Ordinance No. 71 (Series of 1990). e. The plat shall provide one 4'x4' (four foot by four foq>t) utility pedestal easement and lot line and transformer utility easement as needed. 2. Prior to final plat approval an encroachment license shall be obtained for the fence on proposed lot 2. 3. A Subdivision Exemption Agreement listing the conditions of approval shall be recorded with the final plat. 4. An Accessory Dwelling Unit must be included on the newly created lot as this is a requirement of the Lot Split. The Accessory Dwelling Unit must comply with the Housing Authority's requirements and must receive Conditional Use approval by the Aspen Planning and Zoning commission. 5. Prior to issuance of any building permits, Deed Restrictions for the Accessory Dwelling Unit shall be approved by the Housing Authority and recorded by the Pitkin county Clerk and Recorder's Office. 6. The applicant shall consult City Engineering for design considerations of development within public rightS-Of-way and shall obtain permits for any work or development within public rights- of-way from city Streets Department. 7. The applicant shall agree to join any future tricts which may be formed for the purpose improvements in the public right-Of-way. improvement dis- of constructing 8. The applicant shall remove the fence along the ditch easement . ,',?t" l I' (l~, so as not to obstruct ditch maintenance if in fact maintenance is obstructed. section 2: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. 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 effect 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 23th day of March, 1992 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 in a newspaperi of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by actL.- day of the City Council of the city of Aspen on the -/" YJ1iJ:JcrvJ-- , 1992. .. q.... ,$ ,," if!, ..... ~~'. '(. ~~ FINALLY, adopted, ~, 1992. ATTEST: Kathryn . ATTEST-: ~ ~athr:yn (jL 5: (:?~~ John Bennett, Mayor passed and approved this /3~ day of ~ 7. !?-..- ._;;t() John ~ennett, Mayor ~ .. I '. .: ~ :. ;"1 i Uc:l ;:J Z ~~ ~E ~ ,~."'".". le;. >, " ERDMAN PARTNER~UJP LOT ~PLJT LOT 2 LOT HIA1U~ BETWfEN I1\JI.IE &ER~A~Sllol<.ro " \r- } <- II ,- II , I ': l I: " ,t, I ! .\' , \1 ,- ~--- . ~"""- t'~~Y'''''t I I " I ;, . 0 ~ Ii lrATEll; ,..'" OGE PAVED DIU YPC 20lSl ",CYI'C 20151 nellI'" Y.f'C20151 , ~ , , , , o o g , , , , , , , , , , , , , \ (X)RlU.L , \ \ \ \ \ , \ , , , , , , , ..........:::::.-.- ASPEN CENTER FOR , , , , , , " , ENV IRONMENT ;, ". ',,,,! h ~~ STUDIES ~ """ ' f'OOT8RIllQ:: .."''''' 2376 IN "''''. 22 so FT OVERLAP WITH lolt-RSHA.LllOTSPlIT (TElE "'" AlUlolc.o.P 2376 PARCEL I MARSHALL LOT SPLIT