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04/06/2004 og :01~
SI~VIA DAVIS PITKIN COUNTY CO R 21,00 D 0.00
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING HISTORIC
DESIGNATION AND A SUBDIVISION EXEMPTION FOR A HISTORIC
LANDMARK LOT SPLIT AT 1295 RIVERSIDE DRIVE, LOT 20, RIVERSIDE
SUBDIVISION, ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-181-17-019
WHEREAS, the subject property is 1295 Riverside Drive, Lot 20, Riverside
Subdivision, Aspen, Pitkin County, Colorado; and,
WHEREAS, the Community Development Department received an application
from Tony and Kathy Welgos, owners, represented by Consortium Architects and Gilbert
Sanchez, for Historic Designation and a Historic Landmark Lot Split for said property;
and,
WHEREAS, pursuant to Sections 26.415.030, 26.415.110, 26.470.070(C), and
26.480.030(A)(2) and (4) oft he Municipal Code, the City Council may approve Historic
Designation and a Historic Landmark Lot Split Subdivision Exemption during a duly
noticed public hearing after taking and considering comments from the general public
and recommendations from the Historic Preservation Commission (hereinafter HPC) and
Community Development Director; and
WHEREAS, the Community Development Director reviewed and recommended
approval of the application, finding that the applicable review standards have been met;
and,
WHEREAS, during a duly noticed public hearing on January 28, 2004 HPC
approved Resolution No. 5, Series of 2004, by a four to one (4-1) vote, recommending
that City Council approve the request for Historic Designation and Historic Landmark Lot
Split; and,
wHEREAS, the Aspen City Council h~-'a's r~x)iew~i ~d considere'~l"the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the HPC and the Community Development
Director and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development proposal meets or exceeds
all applicable development standards and that the approval of the development proposal is
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
04/06/2004 09: O1A
SILVIA DAVIS PITKIN COUNTY CO ~ 21,00 D 0.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
Pursuant to Section 26.415.030 of the Municipal Code, the City Council finds as follows
in regard to the historic designation:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
The designation is consistent with the purposes of historic preservation as
outlined in Section 26.415 of the Municipal Code, which include promoting the
public health, safety and welfare through the protection, enhancement and
preservation of those properties, areas and sites, which represent the distinctive
elements of Aspen's cultural, educational, social, economic, political and
architectural history. The property has been found to have special significance
and has met the City's requirements for architectural integrity and association
with an important trend as defined in the paper, "Aspen's 20th Century
Architecture: Chalet Style Buildings."
Section 2
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section
26.415.010(D) of the Municipal Code, and subject to those conditions of approval as
specified herein, the City Council finds as follows in regard to the subdivision exemption:
1. The applicant's submission is complete and sufficient to afford review and
evaluation for approval; and
The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.480 of the Municipal Code, which purposes include: assist
in the orderly and efficient development of the City; ensure the proper distribution
of development; encourage the well-planned subdivision of land by establishing
standards for the design of a subdivision; improve land records and survey
monuments by establishing standards for surveys and plats; coordinate the
construction of public facilities with the need for public facilities; safeguard the
interests of the public and the subdivider and provide consumer protection for the
purchaser; acquire and ensure the maintenance of public open spaces and parks,
provide procedures so that development encourages the preservation of important
and unique natural or scenic features, including but not limited to mature trees or
indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of
rivers and other bodies of water, and, promote the health, safety and general
welfare of the residents of the City of Aspen.
Section 3
Pursuant to the findings set forth in Section 1 and 2, above, the City Council does hereby
grant Historic Designation and a Historic Landmark Lot Split Subdivision Exemption for
04/06/2004 09 :Ollq
SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00
1295 Riverside Drive, Lot 20, Riverside Subdivision, Aspen, Pitkin c~unty, Colorado
with the following conditions:
Related to the Historic Landmark Lot Split request, the HPC has approved a 500
square foot FAR bonus, a 10 foot west sideyard variance to allow an existing deck
to sit on the new lot line, and a 7 foot west sideyard setback variance to allow the
existing house to come within 3 feet of the new lot line.
A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development Department and recorded in the office
of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of
final approval by City Council. Failure to record the plat and subdivision
exemption agreement within the specified time limit shall render the plat invalid
and reconsideration of the plat by City Council will be required for a showing of
good cause. As a minimum, the subdivision plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that the lots contained therein shall be
prohibited from further subdivision and any development of the lots will
comply with the applicable provisions of the Land Use Code in effect at
the time of application;
c. Contain a plat note stating that all new development on the lots will
conform to the dimensional requirements of the R-15 zone district, except
the variances approved by the HPC.
d. The FAR on the two lots created by this lot split shall be allocated as
follows: 2,233 square feet to Lot A, which contains the Chalet house, and
2,408 square feet to Lot B, which will contain a new house that will be
developed in the future with HPC review and approval.
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 construed and concluded under such
prior ordinances.
Section 5:
If any section, subsection, sentence, clause, phrase, or portion of this 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 heating on the ordinance shall be held on the 22nd day of March, 2004, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This Ordinance shall become effective thirty (30) days following final passage.
04/06/2004 09:011~
SILVIA DAVIS PITKIN COUNTY CO R 21.00 D 0.00
INTRODUCED, READ AND ORDERED PUBLISHE--~ as provide_d by law~ by the City
Council of the City Of Aspen on the 9th day of February, 2004.~/~,~'~st~.~,~ ~o'
Kathryn S och, City Clerk
22nd day
FINALLY, adopted, passed and approved this
Helen l~linql]lan'd(rud, Mayor
Kathryn S.~/och, City Clerk
Approved as to form:
d-5-6h~n ~. ~oiCc&ter,-City Attorney