HomeMy WebLinkAboutordinance.council.072-92
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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
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*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.
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M364390 12/09/93 15,51 Ree..~~:UU ;:
, . D . F'ltkln Cnty Glerh, DJe
Sllvl-t"::t JaV1S, . .
734 PG 431
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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
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#364390 12/09/93 15~51 Rae $25.00 BK
Silvia Davis, Pitkin Cnty Cle~k, Doe
FINALLY, adopted, passed and
, 1993.
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734 PB 432
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approved this
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Bennett, Mayor
John
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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
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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.
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