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SILVIA DAVIS PITKIN COUNTY CO I~ 21.00 D 0.00
ORDINANCE NO. 25
(SERIES OF 2004)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT' SPLIT AT
308 PARK AVENUE, ASPEN, PITKIN COUNTY, COLORADO
Parcel No. 2737-181-30-047
WHEREAS, the subject property is 308 Park Avenue, Lot 1, Block 2, Riverside
Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1
projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of
Lots 9,10,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the
Ri-verside Addition, City and Townsite of Aspen, Pitkin County, Colorado; and,
WHEREAS, the Community Development Department received m~ application from
Tim Mooney, owner, represented by Alan Richman Planning Services and A1 Beyer
Design, for a Historic Landmark Lot Split for said property; and,
WHEREAS, pursuant to Sections 26.415.110, 26.470.070(C), and
26.480.030(A)(2) and-(4) of the Municipal Code, the City Council may approve 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 July 14, 2004 HPC
approved Resolution No. 22, Series of 2004, by a four to one (4-0) vote, recommending
that City Council approve the request for a Historic Landmark Lot Split; and,
WHEREAS, the Aspen City Council has reviewed and Considered 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 o£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.
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SILVIA DAVIS PITKIN COUNTY CO R 21 .00 O 0.00
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section 1
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:
l. 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, xvhich 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 2
Pursuant to the findings set forth in Section 1, above, the City Council does hereb~ grant
Historic Designation and a Historic Landmark Lot Split Subdivision Exemption for 308
Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying
Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of
Regent Street. Also the Northerly 15 feet of Lots 9,1'0,11 and the Northerly 15 feet of the
Westerly half of Lot 12, Block 2 of the Riverside Addition, City and Townsite of Aspen,
Pitkin County, Colorado with the following conditions:
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;
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SILVIA DRVIS PITKIN COUNTY CO R 21.00 D 0.00
b. Contain a plat note stating that no further sUbdivision may be granted
for these lots nor will additional units be built without receipt of
applicable approvals pursuant to the 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 ofI the R-6 zone district,
except for any variances approved by the HPC;] and
d. Be labeled to indicate that this propOsal willI create a North Lot of
4,803 square 'feet in size with 2,493 Square feet of floor area, and a
South Lot of 3,010 square feet in siZe with 1,500 square feet of floor
area.
e. Contain a plat note stating that a sidewalk, curb, and gutter must be
provided across the park Avenue frontage of both lots at the time of
final inspection for the first property to be developed.
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 hearing on the ordinance shall be held on the 23rd day of August, 2004, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
,Section 7:
This ordinance shall become effective thirty (30) days following final passage.
INTRODUCED, READ AND ORDERED PUBLISHED as providea
Council of the City of Aspen on the 26th day of July, 20~
Helen Kajf~
Kathryn S.~och, City Clerk
law, by the City
$ILVIR DRVI$ PZTKZN COUNTY CO I~ z~ .ee D e.ee
FINALLY, adopted, passed and apprOved this 23rd day
Ht~n~alin kla~nd~rud, 1V~ay-6r ·
591720
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09/09/2004 lO: 16~
Kathryn S. ~9/ch; (~/l~l~rk'
Approved as to form:
:Jah~nr~'."~orcester, City Attorney