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HomeMy WebLinkAboutordinance.council.072-92 il.. \. ~ @I' ,I 1)~", -- '".' :Sxhib.i.tA- . 19_ ORDINANCE NO. 72 city Council Approved By Ordinance (SERIES OF 1992) ~1'364390 1.2/09/9:~ 1.5,51. Ree $25.00 BK 734 F'G 429 Silvia Davis, Pitkin Cnty Cle~k, Doc ..00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN GRANTING REZONING OF A CERTAIN METES AND BOUNDS AREA OF LAND CONSISTING OF 50,000 SQUARE FEET FROM MODERATE-DENSITY RESIDENTIAL (R-15A) TO RESIDENTIAL MULTI-FAMILY (R/MFA), LOCATED AT 0202 LONE PINE ROAD, ASPEN COLORADO WHEREAS, pursuant to section 24-7-1102 of the Municipal Code the applicant, Peter Mocklin, has submitted an application for a map amendment for rezoning 50,000 square feet of land area at 0202 Lone pine Road, from R-15A to R/MFA; and WHEREAS, Exhibit A, attached hereto and incorporated herein, more formally describes the 50,000 square feet of land area that shall be rezoned from R-15A to R/MFA; and WHEREAS, the Aspen Municipal Code does not require the submittal of a site specific development plan for the consideration of a map amendment; and WHEREAS, at a duly noticed Public Hearing held by the Aspen Planning and Zoning commission (hereinafter "Commission") on October 20, 1992 to consider the map amendment, the Commission reviewed the application and considered the representations and commitments made by the applicant; and WHEREAS, the Commission found that the rezoning complied with section 24-7-1102, in that there have been changed conditions affecting the subject parcel or surrounding neighborhood which 1 ~.:.. , " II. ., '"". ~I ~li ''-.... \l! . ,( - " *1':.364390 1.2/09/'):.3 1.~;, 51. Ree: $2~j. 00 BK 734 PG 430 Silvia Davis, Pitkin Cnty Cle~k, Doc: ..00 support the rezoning, the proposed amendment is not in conflict with any applicable portions of Chapter 24, and the rezoning is compatible with surrounding zone districts and land uses; and WHEREAS, the Commission recommended approval to the City Council of the map amendment for 0202 Lone pine Road from R-15A MOderate-Density Residential to R/MFA Residential Multi-Family; and WHEREAS, the applicant, having considered the city council's concerns expressed during first reading of the Ordinance, revised the rezoning request; and WHEREAS, the rezoning proposal only includes 50,000 square feet of land area surrounding the existing multi-family building in order to eliminate the nonconforming status of the building; and WHEREAS, the Aspen City Council, having considered the Planning and Zoning commission's recommendation and the revised proposal, does wish to grant rezoning, with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant rezoning of the metes and bounds area of land consisting of 50,000 square feet at 0202 Lone pine Road from R-15A (Moderate-Density Residential) to R/MFA (Residential/Multi- Family) with the following conditions: 1. The applicant shall file a survey, to be approved by the Planning and Engineering Departments. Said survey shall confirm the floor area of the existing structure, as calculated by Section 24-3-101 Floor Area in the Municipal Code, and size the portion of land to be rezoned to R/MFA to fit the existing floor area of the building permitting a 5% or 900 square foot leeway, whichever is less, for minor alterations to the building. 2. The survey shall be filed with the Pitkin County Clerk and Recorder within 180 days of final approval of the rezoning or the approval is void. 2 il N ~< l'l B \i, 0i '" &1 I~'" " '* 'k; '%~" ., t"'\c:- ~" BV' M364390 12/09/93 15,51 Ree..~~:UU ;: , . D . F'ltkln Cnty Glerh, DJe Sllvl-t"::t JaV1S, . . 734 PG 431 $..00 section 2: Issues that trails and approval. relate to the establishment and location of sidewalks, other public improvements shall await subdivision section 3: The Official Zone District Map for the city of Aspen, Colorado, shall be and is hereby amended to reflect those rezoning actions as set forth in section 1 above and such 'amendments shall be promptly entered on the Official Map in accordance with section 24-5-103B of the Municipal Code. section 4: 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 5: 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 6: 'c hearing on the Ordinance shall be held on the /I~ /91 at 5:00 P.M. in the City council Chambers, Aspen ll, As en Colorado, fifteen (15) days prior to which hearing a pu ic 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 '--cj,ty Council of the City of Aspen on the ~ day of ~ , 19~ y.L L7~ John Bennett, Mayor f .~J?;Y~ \i:\r:!'~:~:;k.,:l,!"!.~;r' '" .. ('o';........~, " , ORt.. \) \\\\\", "1 ,L. "~,\~",,c: IIIUt!,1C,-,-"i}::'i/if-i':>::;, "<';';\"~<~'i 3 ;i";'i," e~.... ~\<. ef" ~. '" ", 'I' B'( ~" ~< , j #364390 12/09/93 15~51 Rae $25.00 BK Silvia Davis, Pitkin Cnty Cle~k, Doe FINALLY, adopted, passed and , 1993. . -,;,s,: . ./.":," . ('Dt.....~~ ;' "" 011" ", "'("4l'JOmlltl""\~~' . 734 PB 432 $.00 approved this rtL JI [3~ Bennett, Mayor John 4 day of ~..' \% ,~, '1'.:,:,.. . .,.....,',.,... {~ ~ J tit tt:_'",4"~_'9c) I ~ co .: ,j09/93 1. 5,51" Hee ~'25. 00 Bf< 734 PG 433 Silvia Davis, Pitkin Cnty Cl.~k, Doc a -. 'P. '.)() A truct of land situated In the Soutllwcst ~ of Sectlol1 7, 'row~lship 10 South, k;.mge 84 West of the 6th Principal Meridian, more particularly described as follows: IJegi'lrl1ng at il point I{ange ~4 Wes~__of the thence S 170"11'30" E lllcllce S H9C120'OOII E thence S 00<>/,0' 20". W .thence S 89Q20'OQl1 E thence S 15031 '27" E tllenee N 56001 f lfJ" W thence N 6/1049'45" W t.hence N 72000'00" W th(!nc~ N 79005'0011 W thence N 81037'00" W lht!nce N 70055'00" \.J r.:llenee N 48000'2]" w thence N 27051'48" E . PARCEL "A: PARCEL U: I'-XII /1\ IT A wtlcncc ttle center ~ corner or 6th Principal Heridian, bears J47.88 feet;' Jel.e6 feet; Ii:lY.e9 feet; W..64 feet; 277.31, feet; Hl.12 feet; JOJ.50 feel; JOO.OJ feet; 50.25 feet; JOO.OO feet; Y8.72 feet; 100.12 fe"t; 1,04'.48 feet to SectIon 7. TUWlliihip 10 South, N 5yo57'S/j'Q E 101.2.64 feet; .the' point 'of beginn"ing, A tract of land situated in the NE~ of the S~ of Section 7, To,,,,ship 10 South, Range 84 West of the 6th Principal Meridian, moie fully described as follows: Beginning at a point whence the center ~ corner of said Section 7 bears N 45028'51" E 948.45 feet; Thence N 00040'00" E 24.84 feet to a point on the southwesterly right of way of Lone Pine Road; thence along said rLght of way 105.56 feet along the arc of " curve to the right hiJvfng u r.udiUfJ of 2')6.76 feet .und whof:Je chord bCl.Irf:J S 27018'Or\ E 10/..82 feet; Thence S J50Jl'2711 E L27.21 feet along said right aLway; thence N 8y020'OO" W 84.64 feet; . thence N 00040'20" E 189.89 feet to the point of beginnIng. .f.l' ,,~... C: to, l ..:1: ,,( l~."d ;:->J lll<l(,." '" tIn rJ".. 1".,._. ~ ,- ... , ..,... ,,( rh.... '."."