Loading...
HomeMy WebLinkAboutordinance.council.017-03 PaG~e: 1 of* 4 05/14/2003 11 ,SILVIR DRV~S PITKIN COUNTY CO R 21.00 D ~.00 ORDINANCE No. 17 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEM?TION LOT SPLIT FOR LoTS 1 AND 2 OF THE ?ROPERT¥ TO BE OWN AND DEDICATED AS THE RUTH WHYTE LOT SPLIT LOCATED AT 321 WEST BLEEKER STREET, CITY OF ASPEN, PITI(IN COUNTY, COLORADO. Parcel ID: 2735-124~41-002 WHEREAS, the community Development Department received an application from Ruth Whyte, represented by Davis Horn Inc. requesting approval of a Subdivision Exemption Lot Split of the property to be known as Lot 1 and Lot 2 of the Ruth Whyte Lot Split, located at 321 W, Bleeker Street, City of Aspen, Pitkin County; and WHEREAS, Pursuant to Land Use Code Section 26.480.040(B), the Aspen City Council, in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance approve, approve with conditions, or disapprove a development application for a Subdivision Exemption Lot Split, after considering a recommendation by the Community Development Department; and, WHEREAS, the CommunitY DevelOpment Department reviewed the application for a Subdivision Exemption Lot Split for the property to be described as Lots 1 and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker Street (Lots D, E, F, and G, Block 44, of the City and Townsite), City of Aspen, Pitkin County, Colorado and recommended approval with conditions; and, WHEREAS, the Fire Marshal, Aspen Consolidated Sanitation District, the City Water Department, the City Engineering Department, and the City Parks Department have reviewed the application and provided referral comments; and, WHEREAS, the Aspen City Council has reviewed and considered the development proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, the applicable refen'al agencies, and has taken and considered public comment at a public heating; 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, w/th conditions, is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinan~ ~hers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BElT ORDAINED BY THE ASPEN CITY COUNCIL AS FOLLOWS: Section 1 Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Subdivision Exemption Lot Split for Lots 1 and 2 of the property to be known and described as Page: 2 of' 4 0~;/S. 4/2003 11:451q SlL¥IIq DC~VZS PZTKIN COUNTY CO R 21 .~ D 0,1~0 Lots 1 and 2 of the Ruth Whyte Lot Split located at 321 W. Bleeker St, City °fAspen, Pitkin County, is approved with the following conditions: 1. The applicant shall submit and record a subdivision exemption plat that meets the terms of Chapter 26.480~ and conforms to the requirements of tlne Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. Furthermore, the proposed Lot Split Plat shall clearly label the proposed lot line that separates Lot 1 from Lot 2 and show all easements of record. 2. The applicant shall submit and record a subdivision exemption agreement that meets the terms of Chapter 26.480.030, and conforms to the requirements of the Land Use Code, in the office of the Pitkin County Clerk and Recorder no later than 180 days after approval of this ordinance. 3. The lot split plat shall exhibit two lots in conformance with the R-6 Zone District regulations and shall include the following plat notes: a. The eXisting house need not be demolished to accommodate the newly created lot boundaries and the encroachments into the side yard setbacks and alley, and may continue to exist for the life of the original structure only. Upon redevelopment, all structures on these two (2) lots shall comply with the R-6 ZOne District provisions with respect to the newly created lot boundaries and setbacks. The subdivision exemption plat shall grant an easement to allow for the existing residence to be maintained across the new lot line and Shall function for the life of the existing structure only. Upon redevelopment, the encroachments into the alley must also be removed. b. Upon redevelopment of Lots 1 and 2, the developer shall seek exemptions from GMQS on each of the lots pursuant to Section 26.470.070(B), as amended from time to time. Any ADU to be constructed on Lots 1 and 2 shall be detached from the main residence and completely above-grade. 4. Both lots shall comply with the applicable development regulations prior to applying for building permits, including those regulations related to Residential Design Standards, Accessory Dwelling Units, and GMQS Exemptions. 5. The applicant shall obtain a tree removal permit pr/or to removing any trees from the site for which a tree removal permit is required pursuant to Chapter 13.20 of the City of Aspen Municipal Code. Any tree to remain on-site during the development of Lots 1 and 2 Shall have its drip line fenced off prior to, and throughout construction. Tree Removal Mitigation may be required for remOVal of trees pursuant to Municipal Code Chapter I3.20. Page: 3 of' 4 05/14/2003 11:45R SZLVTR DRVZS PITKIN COUNTY CO R 21.00 D 0.0~ 6. The applicant sh~ll install a fire sprinkler system that meets the requirements of the Fire Marshal in any of the proposed residences that exceed 5,000 square feet in size. 7. The Applicant shall comply with the Aspen Sanitation District's rules and regulations. N° clear water connections (roof, foundation, perimeter drains) shall be allowed. All sanitation-related improvements below grade shall require the use of a pumping station. The existing sewer line may be used to service one of the new residences if it is inspected and determined to be satisfactory by the Aspen Sanitation District. If the existing service line is not used for the proposed development it must be abandoned and removed. 8. The applicant shall comply with the City of Aspen Water System Standards, with Title 25, and with the apPlicable standards of Title 8 (Water COnservation and Plu~mbing Advisory Code) of the Aspen Municipal Code, as required by the City of Aspen Water Department. Upon redevelopment of the new lots, the applicant shall abandon the existing water service line prior to receiving new water taps. Section 2: All material representations and commitments made by the applicant pursuant to the development proposal approvals as herein awarded, whether in public heating or documentation presented before the City Council, are hereby incbrporated in such Plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by an authorized entity. 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 conducted 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 heating was held on the 14th day of April at 5:00 PM in City Council Chan~bers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISItED as pr°vided by law, by the City Council of the City of Aspen on this 10th day 0fMarch, 2003. SILVZgl DI~VZS PITKZN COUNTY CO R 2[.ee Attest: .,, H~len ~hn ~a~d, Mayor ~N~Y, ~dopted, passed ~d a~pro~ed by a fi~e to ze~o (5-0) ~ote o~ t~is ]4th day of 2003. Clerk Hot~n kal~ I~lahderu~,W~y61; Approved as to form: -John Worcester, City Attorney