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HomeMy WebLinkAboutordinance.council.011-89 ORDNANCE NO. 11 (Series of 1989) AN ORDINANCE OF THE CITY OF ASPEN AMENDING CHAPTER 24, ARTICLE 5, DIVISION 2, SECTION 5-201(A) (2) OF THE MUNICIPAL CODE PERTAINING TO THE MINIMUM LOT AREA PER DWELLING UNIT IN THE MODERATE DENSITY RESIDENTIAL (R-6) ZONE DISTRICT WHEREAS, the Planning and Zoning Commission recommended enactment of a new zone district (R-6A) to provide the Williams Addition property owners the ability to construct a duplex on a 7,500 sq. ft. lot and to provide 10 ft. side yard setbacks; and WHEREAS, the Planning office finds that an amendment to the R-6 zone district allowing duplexes on recently annexed 7,500 sq. ft. lots would address the major concern of the Williams Addition property owners and be a much simpler regulatory approach; and WHEREAS, the City Council, having considered the recommendation of the Planning Office and Planning Commission, desires to amend Article 5, Division 2, Section 5-102(A) (2) of the Aspen Land Use Regulations so as to allow duplexes on recently annexed 7,500 sq. ft. lots in the Moderate Density Residential (R-6) zone district. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Article 5, Division 2, Section 5-201(A) (2) of Chapter 24 of the Municipal Code of the City of Aspen, Colorado be amended to read as follows: "2. Minimum lot area per dwelling unit (sq. ft.): detached residential dwelling: 6,000 duplex: a duplex may be developed on a lot of 8,000 sq. ft. that was subdivided as of April 28, 1975. A duplex may also be developed on a lot of 7,500 sq. ft. that was subdivided as of and annexed subsequent to January 1, 1989. Otherwise, the duplex must be developed with a minimum lot area of 4,500 sq. ft. per dwelling unit, unless the property contains a historic landmark, in which case a duplex or two detached residential dwellings may be developed with a minimum lot area of 3,000 sq. ft. per unit. bed and breakfast, boardinghouse: no requirement." Section 2 That Article 5, Division 2, Section 5-201(A) (5) of Chapter 24 of the Municipal Code of the City of Aspen, Colorado be amended to read as follows: 5. Minimum side yard: Minimum Size for Total of both Lot Size each side yard side yards (sq. ft.) (ft.) (ft.) 0-4500 5 10 ft. 4500-6000 5 10 ft., plus 1 foot for each additional 300 sq. ft. of lot area, to a maximum of 15 feet of total side yard. 6000-8000 5 15 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 25 feet of total side yard. 8000-10,000 10 25 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 35 feet of total side yard. 10,000+ 15 35 ft., plus 1 foot for each additional 400 sq. ft. of lot area, to a maximum of 50 feet of total side yard. The following requirements shall apply on a lot annexed subsequent to January 1, 1989. Minimum Size for Total of both Lot Size each side yard side yards (sq. ft. ) (ft.) (ft.) 0-7500 10 20 ft. 7500-10,000 10 20 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 32.5 feet of total side yard. 10,000+ 15 32.5 ft., plus 1 foot for each additional 400 sq. ft. of lot area, to a maximum of 50 feet of total side yard. Section 3 That the City Clerk is directed upon adoption of this ordinance to record a copy in the office of the Pitkin County Clerk and Recorder. 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 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 6 A public hearing on the Ordinance shall be held on the /d~ day of ~ , 1989, at 5:00 P.M. in the City Council Cha~ers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ ~D O~E~D ~BLIS~D as provided by law by the City Council of the City of Aspen on the /~Y-A3 day of _ ~~-'~, 1989. William L. stlrling, Mayor A~EST: Ka~ryn ~Koch, Ci~ Clerk FINALLY, adopted, passed and approved this ~,z day of William L. Stifling, Mayo~ A~EST: Kathr'.j'n~ Koch, City Clerk A/~NEX. R6. AMEND