HomeMy WebLinkAboutordinance.council.012-90
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ORDINANCE NO. 12
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION OF TWO RESIDENTIAL UNITS IN
THE COLLINS BLOCK AND LOT LINE ADJUSTMENT, AND GMQS EXEMPTION FOR
TWO AFFORDABLE HOUSING UNITS
WHEREAS, pursuant to section 7-1007 of the Aspen Land Use
Code, a Condominiumization 1S a Subdivis10n Exemption by the
city Council; and
WHEREAS, pursuant to section 7-1003 A(a) of the Aspen Land
Use Code, a Lot Line Adjustment is a Subd1vision Exempt10n by the
city Counc11; and
WHEREAS, pursuant to section 8-104 C.l(c) of the Aspen Land
Use Code, affordable housing shall be exempt from GMQS by the
C1ty Council; and
WHEREAS, Catherine McMahon, Garfield and Hecht, P.C. and Joe
Wells, Doremus and Wells,
both representing Harley Baldwin have
submitted an application for Condominium1zation of 2 three-
bedroom free market res1dential units, GMQS Exemption for 2 two-
bedroom deed restricted to moderate income residential un1ts, and
a Lot Line AdJustment between the Coll1ns Block, Lane Parcel and
the Sabbatini Build1ng, for the Coll1ns Block located at 204
South Mill Lots A, B, and C, Block 88, Aspen and the south 20
feet of Lots D and E Block 88, Aspen; and
WHEREAS, the Eng1neer1ng Department, and Aspen Consolidated
sani tation D1str1ct, hav1ng reviewed the application have made
referral comments; and
WHEREAS,
the Hous1ng Author1ty,
the
reviewed
hav1ng
appl1cat1on has made referral comments; and
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WHEREAS,
the
Plann1ng Office,
hav1ng rev1ewed the
appl1cat1on pursuant to Sect10ns 7-1007 and 8-104 and referral
comments, recommends approval with the following conditions:
1. Prior to filing the final plat for condom1num1zat1on, the
appl1cant shall pay an affordable hous1ng 1mpact fee for 2 two-
bedroom units, indexed to the current guidelines at the t1me of
payment, to the Finance Director for receipt to the Housing
Authority.
2. Pr10r to the issuance of a building perm1t for the two free
market bedrooms and the two affordable un1ts, deed restrict10ns
shall be filed for approval and review with the hous1ng
Authority. One of the units shall be deed restr1cted to moderate
income and one unit shall be deed restricted to low 1ncome
guidel1nes.
3. Pr10r to the 1ssuance of a certificate of occupancy for the 2
free market bedrooms and 578 square feet of new commerc1al space,
a certificate of occupancy for the 2 two-bedroom affordable units
shall be issued.
4. Prior to filing the final plat for condominumization for the
two free market units, a certificate of Occupancy shall be issued
for the two affordable units on the Lane Parcel.
5. Pr10r to f1l1ng a f1nal plat for condomin1um1zation and lot
line adjustment, the plats shall be reviewed and approved by the
Engineer1ng and Planning Departments.
6. Pr10r to the 1ssuance of a building perm1t for the Lane
Parcel the applicant shall prove to the Engineering Department
that the drywells are suff1cient to accommodate all drainage on
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site by provid1ng calculations from a registered eng1neer. All
dra1nage should be maintained on site and connected to the C1ty
storm sewer or dry wells.
7. Prior to the issuance of a demolition permit for the Lane
Parcel, a construction schedule shall be coord1nated with the
Engineering Department.
To min1mize the impacts of construct1on
1n the alley.
8. The applicant shall agree to j01n an improvements d1strict if
one is ever formed.
9. The applicant shall prov1de separate service line connect1ons
for each of the proposed condominiums.
10. The trash serV1ce area shall comprise 310 square feet and
shall comply w1th the code provisions except the height will be 7
feet 1nstead of 10 feet and the area will enable a double load1ng
of the trash bins as approved by the Commission.
11. The appl1cant shall work with the adj acent property owner to
secure an efficient service del1very and trash access area
through the Lane Parcel servicing the Collins Block and the
redevelopment on the adjacent parcels, Lots D,E,and F.
WHEREAS, the Aspen City Counc11 having considered the
Planning Off1ce' s recommendations for Condomin1um1zat1on, GMQS
Exempt10n for Affordable Hous1ng, and Lot Line Adjustment, does
wish to grant approval the requested Subdiv1sion Exemptions and
GMQS Exemption for the Coll1ns Block.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
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Section 1:
That is does hereby grant a Subdiv1sion Exemption for
condominium1zat1on and lot line adjustment, and GMQS Exempt10n
with the previously mentioned conditions recommended by the
Planning Off1ce, to the Collins Block, 204 South Mill, Aspen.
section 2:
That the City Clerk be and hereby 1S directed, upon the
adopt1on of this ord1nance, to record a copy of this ordinance 1n
the office of the P1tkin County Clerk and Recorder.
Section 3:
If any sect1on, subsection, sentence, clause, phrase or
port1on of this ordinance 1S for any reason held inval1d or
unconstitutional by any court of competent jurisd1ction, such
prov1s1on and such hold1ng shall not affect the valid1ty of the
remain1ng portions thereof.
section 4:
Nothing in this ordinance shall be construed to affect any
r1ght, duty or Ilab1lity under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
cont1nued and concluded under such prior ordinances.
Section 5:
A public hearing on the Ordinance shall be held on the ~~
day of~tlAf!I, 1990 at 5:00 P.M. in the C1ty Counc11 Chambers,
Aspen City Hall, Aspen Colorado, f1fteen (15) days pr10r to Wh1Ch
hearing a public notice of the same shall be published one in a
newspaper of general circulation w1th1n the city of Aspen.
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INTRODUCED, READ AND ORDERED PUBLISHED as
provlded
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by law,
by the City Council of the city of Aspen on the
A'fTEST:
day of
, 1990,
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William L. Stlrllng, Mayor
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passed and approved thls ~ day of
FINALLY, adopted,
~ ' 1990.
1\.'l'TEST:
cc.colllns
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Wl lam L. S lr lng, Mayor
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Koch, city Clerk
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