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HomeMy WebLinkAboutordinance.council.033-90 ORDINANCE N0.~ (SERIES OF AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FORT HE MERRIAM LOT SPLIT AND LOT LINE ADJUSTMENT AND VESTING OF DEVELOPMENT RIGHTS WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use Code, Lot Splits and Lot Line Adjustments are subdivision exemptions by the City Council; and WHEREAS, J. Alec Merriam has submitted an application for the lot split and lot line adjustment of 2.76 acres in the City of Aspen; and WHEREAS, the Engineering Department, having reviewed the application has made referral comments; and WHEREAS, the Planning Officer having reviewed the application pursuant to Section 7--1003, and reviewing referral comments from Engineering, recommends approval with the following conditions: 1. The final plat shall include a prohibItion against further subdivision and a requirement that additional development shall comply with the applicable provisions of the Land Use Regulations. 2. A Subdivision Exemption Agreement shall be filed with the City Clerk in a form acceptable to the Clty Attorney 3. The final plat shall satisfy the Engineering Department requirements of Section 7-1004 C. and D. of the Land Use Regulations. 4. The final plat will be recorded only upon satisfaction of the above conditions. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for Lot Split and Lot Line Adjustment does wish to grant the requested Subdivision Exemption and for the Merrlam Lot Split and Lot Line Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a Subdivision Exemption for a Lot Split and Lot Line Adjustment, with the previously mentioned conditions recommended by the Planning office, to 2.76 acres at 850 Roaring Fork Road in the city of Aspen. Sectio~ 2: That it does hereby grant Vested Rights for this Lot Split and Lot Line Adjustment for a period of three (3) years from the effective date hereof in accordance with the terms and provisions of Section 6-207 of the Aspen Land Use Regulations. Section 3: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance 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 invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding 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 pr~or 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 day of~ , 1990 at 5:00 P.M. in the City Council Chambers, // . Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, ~ AND ORDE~D PUBLISHED as provided by law, by the City Council of the City of Aspen on the /~ZF_/ day of ~ , 1990. William L. ~,irllng, MaWr ATTEST:  ch, Ci y C er A appr ve s //~t~ day of LL~,1989.adopted, passed a nd~ el G ' ~ Tem ATTEST: [~h, City Clerk j tkvj/merriam, ord 3