Loading...
HomeMy WebLinkAboutordinance.council.017-91 Or~inanoe 17 Series 1991 AN ORDiNAnCE OF THE CITY CODICIL OF THE CITY OF ASPEN~ COLORADO APPROVING THE FIRST AMENDMENT TO THE TAGERT LOT SPLIT PLAT ~HIC~ ADDS AM ACCESS EASEMENT, REVISES PLAT NOTE NO.4 AND ADDS NOTES 5,6 ~ 7. WHEREAS, the Tagert Lot Split Plat which was approved in 1988 required that any landscaping or manmade features were to be constructed within the building envelopes as defined on the plat; and WHEREAS, the owners of Lots 1 and 2 of the Tagert Lot Split Plat subdivision wished to amend the plat notes to allow certain window well construction and landscaping outside of the building envelopes show on the 1988 plat; and WHEREAS, the City Engineer and Planning Office determined that an access easement for the benefit of Lot 2 was represented to and approved by the City Council during the 1988 lot split consideration but was not drawn on the plat which was recorded by the Pitkin County Clerk and Recorder; and WHEREAS, the owners of both lots of the Tagert Lot Split Plat consented to submission of an application to amend and expand the plat notes of said plat and to establish an access easement across Lot i for the benefit of Lot 2; and WHEREAS, Section 24-7-1006 B. of the Municipal Code states that City Council may approve a plat amendment provided the change is consistent with the approved plat; and WHEREAS, the City Engineer and Planning Office reviewed the proposed plat amendments and recommended approval with conditions; 1 and WHEREAS, the creation of the access easement on Lot 1 reduces lot area for purposes of determining allowable Floor Area Ratio (FAR) on Lot 1, thus the existing structure exceeds the maximum FAR and is considered non-conforming. The City of Aspen recognizes this resulting non-conformity and will not pursue any future enforcement action regarding this non-conformity; and WHEREAS, the Aspen City Council having considered the Engineering Department and Planning Office's recommendations, does wish to approve the First Amendment to the Tagert Lot Split Plat with conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF A~PEN, COLORADOI Section 1~ That it does hereby grant approval for the First Amendment to the Tagert Lot Split Plat with conditions. SectioR 2~ The following amended and new notes shall be added to the Tagert Lot Split Plat: #4 (amended) "Any man-made features (including but not limited to window wells, retaining walls, pools, patios, etc.) along the west side of the Lot 2 must be constructed within the building envelope." #5 (new) "No further development (including but not limited to window wells, retaining walls, pools, hot tubs, patios, etc.) shall be permitted on the west side of Lot 1, except for within the window well patios, where such development shall not be higher than six (6) feet below existing lot grade." #6 (new) "The planting of trees, bushes and other vegetative matter will be permitted outside of the building envelopes." #7 (new) "An easement is granted over the driveway which is part of Lot 1 for the benefit of Lot 2." Se~ion 31 The conditions of this approval are: 1. The access easement width shall be expanded to acco~odate the turning radii of the driveway for Lot 2. 2. Both lot owners shall sign the plat amendment mylars prior to filing with the Pitkin County Clerk and Recorder. 3. The amended plat must be recorded with the Pitkin County Clerk and Recorder within 180 days of approval by City Council. Failure to do so will render the approval invalid, 4. The applicant shall consult with the City Engineer for design considerations of development within public rights-of-way and shall obtain permits for any work or development within public rights- of-way from City Streets Department. 5. Any pending certificates of occupancy will be held by the Zoning Official until the amended plat and notes are duly recorded. ~. The building envelopa on Lot i shall be adjusted to inoluds only the two ezisting below grade window well patios on the west Section 4= 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. Seotion 5= A public hearing on the Ordinance shall be held on the ~ day of~ , 1991 at 5:00 9.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, I~RODUCED, REM ~ ORDERED P~LISH~D as provided by law, by the City Council of the City of Aspen on the =~cyan- day of ~'~,~__ , 1991. : John~ennett, Mayor ,F~N~L¥, a~opted, passed and approved this ~'~ day of ~, 1991. John ett, Mayor 4