HomeMy WebLinkAboutordinance.council.064-03 /2004 09: 1
SILVIA DAVIS PlTKIN COUNTY CO R 16.00 D 0.00
ORDINANCE NO. 64
(Series of 2003)
AN ORDINANCE OF THE ASPEN CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, TO GRANT APPROVAL FOR A SUBDIVISION EXEMPTION FOR A
HISTORIC LANDMARK LOT SPLIT AT 134 AND 134 ~ W. HOPKINS AVENUE,
UNITS K AND L, WYCKOFF CARLEY CONDOMINIUMS, BLOCK 59, CITY AND
TOWNSITE OF ASPEN, COLORADO
PARCEL ID: 2735-124-19-002
WHEREAS, the applicants, James Marciano and Jesse Boyce, have requested a Historic
Landmark Lot Split for the property located at 134 and 134 ½ W. Hopkins Avenue, Units K and
L, Wyckoff Carley Condominiums, Block 59, City and Townsite of Aspen; and
WHEREAS, pursuant to Sections 26.480.030(A)(2) and (4), Section.26.470.070(C), and Section
26.415.010(D) of the Municipal Code, a Historic Landmark Lot Split is a subdivision exemption
subject to review and approval by City Council after obtaining a recommendation from the
Historic Preservation Commission (hereinafter HPC); and
WHEREAS, the Community Development Department has reviewed the application and
recommends approval of the Historic Landmark Lot Split; and
WHEREAS,' the HPC reviewed the request for the historic lot split at a properly noticed public
hearing on December 10, 2003 and recommended approval by a vote of 4 to 0; and
WHEREAS, the Aspen City Council has reviewed and considered the subdivision exemption
under the applicable provisions of the Municipal Code as identified herein, has reviewed and
considered those recommendations made by the Community Development Department, and the
Historic Preservation Commission, and has taken and considered public comment at a public
hearing; and
'WHEREAS, the City Council finds that the Historic Landmark Lot Split meets or exceeds all
· applicable development standards of the above referenced Municipal Code sections; and
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the public
health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, THAT:
Section 1
Pursuant to Sections 26.480.030(A)(2) and (4), Section 26.470.070(C), and Section
26.415.010(D) of the Municipal Code, and subject to those conditions of approval as specified
herein, the City Council finds as follows in regard to the subdivision exemption:
05/01/2004 09:1
$ILVIA DAVIS PITKIN COUNTY GO R 16.00 D 0.00
The applicant's submission is complete and sufficient to afford review and evaluation for
approval; and
The subdivision exemption is consistent with the purposes of subdivision as outlined in
Section 26.480 of the Municipal Code, which purposes include: assist in the orderly and
efficient development of the City; ensure the proper distribution of development;
encourage the well-planned subdivision of land by establishing standards for the design of
a subdivision; improve land records and survey monuments by establishing standards for
surveys and plats; coordinate the construction of public facilities with the need for public
facilities; safeguard the interests of the public and the subdivider and provide consumer
protection for the purchaser; acquire and ensure the maintenance of public open spaces
and parks, provide procedures so that development encourages the preservation of
important and unique natural or scenic features, including but not limited to mature trees
or indigenous vegetation, bluff, hillsides, or similar geologic features, or edges of rivers
and other bodies of water, and, promote the health, safety and general welfare of the
residents of the City of Aspen.
Section 2
Pursuant to the findings set forth in Section 1, above, the. City Council does hereby grant
an Historic Landmark Lot Split subdivision exemption for 134 and 134 ½ W: Hopkins Avenue,
Units K and L, Wyckoff Carley Condominiums, Block 59, City and Townsite of Aspen,
Colorado with the following conditions:
The HPC has approved a 336 square foot FAR bonus, setback variances up to 5 feet along
the new 134 W. Hopkins east sideyard setback, and up to 5 feet along the new 134 ½ W.
Hopkins west side yard setback to accommodate the development that currently exists,
and a waiver of one on-site parking space for each unit.
A subdivision plat and subdivision exemption agreement shall be reviewed and approved
by the Community Development Department and recorded in the office of the Pitkin
County Clerk and Recorder within one hundred eighty (180) days of final approval by
City Council. Failure to record the plat and subdivision exemption agreement within the
specified time limit shall render the plat invalid and reconsideration of the plat by City
Council will be required for a showing of good cause. As a minimum, the subdivision
plat shall:
a. Meet the requirements of Section 26.480 of the Aspen Municipal Code;
b. Contain a plat note stating that the lots contained therein shall be prohibited from
further subdivision and any development of the lots will comply with the
applicable provisions of the Land Use Code in effect at the time of application;
c. Contain a plat note stating that all new development on the lots will conform to the
dimensional requirements of the R-6 zone district, except the variances approved
by the HPC.
d. The FAR on the two lots created by this lot split shall be allocated as follows: Lot
1 shall receive 1,872 square feet and Lot 2 1,704 square feet, which shall be noted
on the plat.
Section 3
03/01/2004 09:1
$ILVIA DAVIS PITKIN COUNTY CO R 16.00 D 0,00
This Ordinance shall not have any effect on 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 by any 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 hearing on the Ordinance was held on the 12th day of January, 2004, in the City
Council Chambers, Aspen City Hall, Aspen Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the
City Council of the City of Aspen on the 15th day of December, 2003.
Clerk
adopted, passed and approved this 12th day of January 2004.
~"~4~:o~'de~er, Oity At~orfney