HomeMy WebLinkAboutordinance.council.016-98
ORDINANCE NQ. 16
(SERIES OF 1998)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING APPROVAL
FOR A SUBDIVISION EXEMPTION FOR AN HISTORIC LANDMARK LOT
SPLIT AT 114 NEALE A VENUE/17 QUEEN STREET (pARCEL 1, OF THE
BOUNDARY AGREEMENT PLAT THEREOF RECORDED IN PLAT BOOK 13
. AT PAGE 35, CITY OF ASPEN, COUNTY OF PITKIN, STATE OF
COLORADO) ASPEN, COLORADO, AND DECLARING AN EMERGENCY IN
ACCORDANCE WITH SECTION 4.11 OF THE ASPEN CITY CHARTER
This ordinance has been adopted as an emergencv ordinance in accordance with Section
4.11 of the Citv of Aspen Charter. The facts showing such urgencv and need are set forth
below.
WHEREAS, pursuant to Sections 26.88.030(A)(2) and (5) and 26.72.01O(G) of
the Municipal Code, an Historic Landmark Lot Split is a subdivision exemption subject
to review and approval by City Council after obtaining a recommendation from the
Historic Preservation Commission (hereinafter HPC); and
WHEREAS, the applicants, Henry and Lana Trettin, have requested to split the
21,161 square foot parcel to create two separate single-family residential lots of
6,001square feet and 15, 160 square feet; and
WHEREAS, pursuant to Section 26.72.01O(G) of the Municipal Code, the HPC
reviewed the request for the historic lot split at a properly noticed public hearing on May
13, 1998 and recommended, by a vote of 6-0, approval with conditions; and
WHEREAS, the Community Development Department has reviewed the
application and recommended approval of the Historic Landmark Lot Split, with
conditions; and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption under the applicable provisions of Chapters 26.88, of the
Municipal Code as identified herein, has reviewed and considered those
recommendations made by the Community Development Department, and the Historic
Preservation Commission, and has taken and considered pUblic comment at a public
hearing; and
WHEREAS, the City Council fmds that the Historic Landmark Lot Split, with
conditions, meets or exceeds all applicable development standards of the above
referenced Municipal Code sections; and
WHEREAS, the City Council has declared an emergency in accordance with
Section 4.11 of the City of Aspen Charter; and
111111I111111111I111111111111111111I11111I1111111111111
44065202/18/2000 11:1!A ORDINANC DAVIS SILVI
1 0' 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY A_
WHEREAS, the City Council finds that this Ordinance furthers and is necessary
for the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1: That the City Council does hereby declare an emergency pursuant to Section
4.11 of the Aspen City Charter for the preservation of public property, health, peace and
safety of the City of Aspen and its citizens inasmuch as the applicant has represented that
the consrnnmation of a sale of the property is contingent upon receipt of final land use
approval on or before May 28, 1998, and applicant was inadvertently misinformed by
City staff and final approval could be obtained from the Historic Preservation
Commission.
Section 2: Pursuant to Sections 26.88.030(A)(2) and (5), and Section 26.72.010(G) 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
2. The subdivision exemption is consistent with the purposes of subdivision as
outlined in Section 26.88.010 of the Municipal Code, which purposes includ.e:
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; 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 2, above, the City Council does
hereby grant an subdivision exemption for 114 Neale A venue/17 Queen Street with the
following conditions:
1. A subdivision plat and subdivision exemption agreement shall be reviewed and
approved by the Community Development and Engineering Departments 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:
111111I1111I1111I111111111111111111I11111I1111111111111
44065202/18/2000 11:15A ORDINANC DAVIS SILVI
2 0' 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
a. Meet the requirements of Section 26.88.040(D)(2)(a) of the Aspen Municipal
Code;
b. Contain a plat note stating that development of the new/southerly lot created
by the lot split shall be required to mitigate for affordable housing pursuant to
Section 26.100.050(A)(2)(c) of the Municipal Code;
c. Contain a plat note stating that the lots contained therein shall be prohibited
from applying for 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;
d. The two lots created by this lot split shall have a total allowable base FAR, on
both lots combined, equal to 5,290 square feet of floor area prior to
consideration of potentially applicable lot area reductions (I.e., slopes, access
easements, etc.). The applicant shall verify with the City Zoning Officer the
total allowable FAR on each lot, taking into account any and all applicable lot
area reductions. The property shall be subdivided into one parcel (the
northerly parcel) of 6,001 square feet and a second parcel (the southerly
parcel) of 15,160 square feet. Provided it is found by the Zoning Officer that
no lot area reductions are required, the maximum allowable FAR on the
northerly parcel will be 1,345 s.t: (plus the potential for a 500 square foot
floor area bonus if granted by the HPC) and 3,945 square feet of floor area on
southerly parcel. The information verified by the City Zoning Officer shall be
included on the plat, as a plat note;
2. As a minimum, the subdivision exemption agreement shall include the elements
outlined in Section 26.88.050 of the Aspen Municipal Code, and shall meet the
recording and timing requirements described in Section 26.88.030(A)(2)(e).
3. Prior to issuance of a Certificate of Occupancy on either lot, the applicant shall
sign a sidewalk, curb and gutter construction agreement and pay the applicable
recording fees.
4. All material representations made by the applicant in this application and during
public hearings with the HPC and City Council shall be adhered to and shall be
considered conditions of approval, unless otherwise amended by HPC or City
Council.
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.
1111111111111111I111111111111111111I11111I1111111I11111
440652 02/18/2000 11:15A ORDINANC DAVIS SILVI
3 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO
Section 4: This Ordinance shall not affect any existing litigation and shall not operate as
an abatement of any action or proceeding 1l0w 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 27th day of May, 1998
at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the
City Council of the City of Aspen on the 26th day of May, 1998.
APPROVED AS TO FORM:
/~/?/!4~
John orce ter, City Attorney
FINALLY, adopted, passed and approved this 27th day of May, 1998.
,.-"
,-c,.r:,~"~'
,,,,_,'1/1, .!A{fh';'
" 'iJ . II~,-_; ',:":.<
. ,.~. ,'c" .
c" c..~ . ~;"'~'o
t~;/<";";: ':"~ \,
.;.:~:
~..~-!~
. "'\I" ".:;~thryn
:'';.1.~-:~:,:,~.,.~,,);::,< ":,:;
.,...(' . ~,. I, .,'
<' ..~-,;:;,.~ ,.'
.. d(O;;'''~1'l
"..,:', f\ ~. ,
. .
>,'". .
ut~~21!~~"~!!t'I'11!'~JI!!1~!!lll~J!I! 'l'll~11
4 of 4 R 20.00 D 0.00 N 0.00 PITKIN COUNTY CO