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Home My WebLink Aboutordinance.council.047-05 o 0.00 ">.......,. ORDINANCE NO. 47 (SERIES OF 2005) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT 640 N. THIRD STREET, LOTS 4, 5, AND 6 (LESS THE SOUTHERLY 3.2 FEET OF LOT 6), BLOCK 102, HALLAM'S ADDITION TO THE CITY AND TOWNSITE OF ASPEN, ASPEN, COLORADO Parcel ID #:2735-121-08-002 WHEREAS, the applicants, Jim and Gae Daggs, represented by Charles Cunniffe Architects, have requested a Historic Landmark Lot Split for the property located at 640 N. Third Street, Lots 4, 5, and 6 (less the southerly 3.2 feet of Lot 6), Block 102, Hallam's Addition to the City and Townsite of Aspen, Aspen, Colorado; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the following requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4), Section 26.470.040(A)(4), and Section 26.415. I 10(A), which are as follows: 26.480.030(A)(2), Subdivision Exemptions, Lot Split The split of a lot for the purpose of the development of one detached single-family _. dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where ~ all of the following conditions are met: a) The land is not located in a subdivision approved by either the Pitkin County Board of County Commissioners or the City Council, or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City of Aspen on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures; and b) No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying zone district. Any lot for which development is proposed will mitigate for affordable housing pursuant to Section 26.470.070(B). c) The lot under consideration, or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this chapter or a "lot split" exemption pursuant to Section 26.470.040(C)(I)(a);and d) A subdivision plat which meets the terms of this chapter, and conforms to the requirements of this title, is submitted and recorded in the office of the Pitkin County clerk and recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this chapter and growth management allocation pursuant to Chapter 26.470. I e) The subdivision exemption agreement and plat shall be recorded in the office of the Pitkin County clerk and recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. f) In the case where an existing single-family dwelling occupies a site which is eligible for a lot split, the dwelling need not be demolished prior to application for a lot split. g) Maximum potential buildout for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home; and 26.480.030(A)(4), Subdivision Exemptions, Historic Landmark Lot Split The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and Structures for the development of one new single-family dwelling may receive a subdivision exemption if it meets the following standards: a. square feet in district. The original parcel shall be a minimum of six thousand (6,000) size and be located in the R-6, R-15, R-15A, RMF, or MU zone ","", b. The total FAR for both residences shall be established by the size of the parcel and the zone district where the property is located. The total FAR for each lot shall be noted on the Subdivision Exemption Plat. - c. The proposed development meets all dimensional requirements of the underlying zone district. The variances provided in Section 26.415.110(B)(I)(a),(b), and (c) are only permitted on the parcels that will contains a historic structure. The FAR bonus will be applied to the maximum FAR allowed on the original parcel; and 26.470.040(A)(4), GMOS Exempt Development, Sinl!:le-Familv and Duplex Development on Historic Landmark Properties. The development of one or multiple single-family residences or a duplex on a parcel of land designated as a Historic Landmark shall be exempt from growth management. This exemption applies to the rehabilitation of existing structures, reconstruction after demolition of existing structures, and the development of new structures on Historic Landmark properties, provided all necessary approvals are obtained, pursuant to Section 26.415, Development involving the Inventory of Historic Landmark Sites and Structures. Additional units shall not be deducted from the respective Annual Development Allotments or Development Ceiling Levels established pursuant to Section 26.470.030; and 111111111111111\ 1111 1\\11 11\\1\ 11111\ \11 11\\1 \\1\ 111\ :~;~~~0~ 1 : 02~ JRNICE K vas CRUDILL PITKIN COUNTY co R 26.00 2 I' Co "".>> , 26.415.110(A) Benefits, Historic Landmark Lot Split. This section establishes the procedure for review of a Historic Landmark Lot Split; 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 November 9, 2005, the Historic Preservation Commission recommended, by a six to zero (6-0) vote, that City Council approve a Historic Landmark Lot Split at 640 N. Third Street; and, WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, 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 and Community Development Director; 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. - -- 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, and Section 26.415.110(A) 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: I. 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 26.480 of the Municipal Code, which purposes include: to 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 ,. 3 . '-'j 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 I, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for 640 N. Third Street, Lots 4, 5, and 6 (less the southerly 3.2 feet of Lot 6), Block 102, Hallam's Addition to the City and Townsite of Aspen, Aspen, Colorado with the following conditions: I. A subdivision exemption 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 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 of the R -6 zone district, except the variances approved by the HPC; and d. Be labeled to indicate that this proposal will create Lot A of 5,707 square feet in size with 2,542 square feet of floor area plus a 500 square foot HPC FAR bonus, and a Lot B of 6,000 square feet in size with 1,700 square feet of floor area. -- Section 3: 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 4: 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 5: A public hearing on the ordinance will be held on the 12th day of December, 2005, in the City Council Chambers; Aspen City Hall, Aspen, Colorado. III JJJJU~ I! H~~J~.:,.". 4 Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 14th day of November, 200 . FINALLY, adopted, passed and approved this 12th day of Decemb ,"- ""- Approved as to form: a4t:1::~torney 1\111\111\\\ 111111 1111 1\\11 111\\\ 11\111 III 11111 1111 1111 :~;~~~0~ 1 : 02~ JANICE K vas CRUDILL PITKIN COUNTY CO R 26.00 5