HomeMy WebLinkAboutordinance.council.034-91 O~D I Ni~NC E 34
SERIES 1991
AN ORDINANCE OF THE CITY COUNCIL OF ASPF~N~ COLOP. ADO APPROVING THE
ENLAR(]EKENT OF ~RIT C-1, ~.NCLOBURE OF SECOND FLOOR DECKS,
AMENDMENT OF THE LONE PINE CONDOMINIUM PLAT FOR THE 12 FREE MARKET
~RITS LOCATED ON LOT 2 OF THE LONE PiNE CONDOMINIUM PLAT AND
VESTING OF D~.v~.LOPMENT RIGHTS
WHEREA~, prior to the annexation into the City of Aspen in 1989,
the twelve free market Lone Pine Condominiums received approval by
the Pitkin County Planning Commission to enlarge each free market
unit by 118 square feet; and
WHEREAS, a condition of this approval was the requirement to amend
the Lone Pine Condominiu~ Plat to reflect the expansions; and
WHEREAS, eleven of the twelve units on Lot 2 have completed the
118 square foot expansions, but the amended plat had not been
filed; and
WHEREAS, in order to correct a problem of leaking second floor
decks, the Lone Pine Condominium Association and Zu_hair Fayez
("Applicants") submitted a proposal to enclose the deck areas with
approximately 72 square feet of floor area per unit; and
WHEREAS, Mr. Fayez also requests to expand his unit (C-l) by
approximately 833 square feet in order to remodel and add a
bathroom and den/t.v, room; and
WHEREAS, the Planning office received an application for approval
the second floor deck enclosures, expansion of unit C-l, and
amendment of the Lone Pine Condominium Plat including past and
proposed expansions; and
WHEREAS, the Planning office received positive referral comments
from the Engineering Department; and
WHEREAS, finding that the proposed additions met the dimensional
requirements of the RMF-A zone district, the Planning office
recommended approval of the expansions with conditions; and
WHEREA~, the Aspen City Council having considered the Engineering
Department's and Planning Office's recommendations, does wish to
grant approval for expansion of the Lone Pine Condominiums and
amendment to the Subdivision Plat, with conditions; and
WHEREAS, a request for Vested Rights for the development approval
was included in the application for expansion and plat amendment;
and
WHEREAS, pursuant to Section 24-6-207 of the Aspen Municipal Code
the City Council may grant Vesting of Development Rights for a
period of three years from the date of final approval.
NOWt THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO=
Scot,on 11 That it does hereby grant approval subject to the
conditions as specified herein below, for amendment to the Lone
Pine Condominium Plat located on Lot 2 of the Lone Pine Condominium
Plat. The amendments include the expansions approved by the Pitkin
County Planning Commission in 1986, the expansion of unit C-1 by
833 square feet, and the enclosure of 72 square feet of second
level roof decks for each of the twelve units.
Seatio~ 2: The conditions of approval are:
1, The applicant must furnish an amended condominium map that
meets the requirements of Section 24-7.1004.D.2. Due to possible
design changes the plat must reflect an as-built condition and be
recorded with the Pitkin County Clerk and Recorder prior to final
inspection of last construction approved with this amendment or not
later than December 1, 1992.
2. The applicant must agree to join a special improvement district
if one is ever formed for the purpose of constructing improvements
in the public right-of-way. This must be shown on the plat.
3. The plat shall state that "Unit C-1 shall contain no more that
three bedrooms. If the den/tv room is used as a bedroom, the
applicant must provide an additional parking space as approved by
the Planning office."
Seotio~ ~. Pursuant to Section 24-6-207 of the Municipal Code,
City Council does hereby grant the applicant vested rights for the
approved expansions as follows:
1. The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the City provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establish~ent herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the City of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
Se~tio~ 41 The city Clerk shall cause notice of this Ordinance to
be published in a newspaper of general circulation within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be given in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Seotion $: A p~ublic hearing on the Ordinance shall be held on the
~ day of ~ , 1991 at 5:00 P.M. in the City Council
ChamBers, AspenVCity 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, R~D AND ORDERED PUBLISHED as provided by law, by the
y~cil of the City of Aspen on the /.2 day of
, 1991.
nett, Mayor
och, C~ty Clerk
FInALlY, adopted, passed and approved this ~ day of
John tt, Mayor
h, City ~Terk