HomeMy WebLinkAboutordinance.council.044-02 ORDINANCE NO. 44
(Series of 2002)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO. GRANTING APPROVAL FOR A SUBDIVISION EXEMPTION
LOTS H AND I (ALSO KNOWN ~ LO~FS;N A~D O), ~'A pORTioN OF
VACATED ALLEY, BLOCK 71, CITY AND TOWNSITE OF ASPEN
PARCEL ID//: 2737-073-14-001
WHEREAS, 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, a 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 applicant, The Frost Property LLC, represented by Camilla
Auger and Studio B Architects, has requested approval to split a 6.000 square foot parcel
into two 3,000 square foot parcels; and
WHEREAS, the Community Development Deparm~ent has reviewed the
application and recommends approval of the Historic Landmark Lot Split; and
WHEREAS, the HPC has reviewed the request for a Historic Landmark Lot Split
at a properly noticed public hearing on November 20, 2002 and recommends approval;
and
WHEREAS, the Aspen City Council has reviewed and considered the
subdivision exemption under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered those recommendations made by the
Community Development Department, and the HPC, and has taken and considered public
comment at a public hearing; and
WHEREAS. the City Council finds that the Historic Landmark Lot Split meets or
exceeds all applicable development standards of the above referenced Municipal Code
sections; and
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:
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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 Comlcil finds as follows in regard to the
subdivision exemption:
l. The applicant's submission zs 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: 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 monumer~ts 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
hereby grant an Historic Landmark Lot Split Subdivision Exemption for 216 E. Hallam
Street with the following conditions:
I. The HPC has approved a 428 square foot FAR bonus and setback variances.
2. 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 no further subdivision may be granted
for these lots nor will additional units be built without receipt of
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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.
d. The FAR on the two lots created by this lot split shall be allocated as
follows: the lot containing the historic house will have 1,874 square
feet of FAR, and the lot containing the new house will have 1,794
square feet of FAR, which shall be noted on the plat.
Section 3
This Ordinance shall not have any effect on 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 4
If any section, subsection, seurence, clause, phrase or portion of this ordinance is
for any reason held invalid or unconstitutional by any courl 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 was held on the 16th day of December, 2002,
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 25th day of November, 2002.
'~Kathryn 82 ic/~il, City Clef; ' -
01/10/2003 10:47~
SlLVIgl OlqVI5 PITKIN COLIN'KY CO ~ 2t .00 O 0.00
FINALLY, adopted, passed and approved this 16th day of December, 2002.
" ATTEST:
gam~rFi~'~, .' '- ch, Ci~ Clerk
Approved as to form:
· ~otcesie} - -
City Attorney