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HomeMy WebLinkAboutordinance.council.025-04 Page; 1 of 4 i 09/09/2004 10: 16lq SILVIA DAVIS PITKIN COUNTY CO I~ 21.00 D 0.00 ORDINANCE NO. 25 (SERIES OF 2004) AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT' SPLIT AT 308 PARK AVENUE, ASPEN, PITKIN COUNTY, COLORADO Parcel No. 2737-181-30-047 WHEREAS, the subject property is 308 Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9,10,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the Ri-verside Addition, City and Townsite of Aspen, Pitkin County, Colorado; and, WHEREAS, the Community Development Department received m~ application from Tim Mooney, owner, represented by Alan Richman Planning Services and A1 Beyer Design, for a Historic Landmark Lot Split for said property; and, WHEREAS, pursuant to Sections 26.415.110, 26.470.070(C), and 26.480.030(A)(2) and-(4) of the Municipal Code, the City Council may approve a Historic Landmark Lot Split Subdivision Exemption .during a duly noticed public hearing after taking and considering comments from the general public and recommendations from the Historic Preservation Commission (hereinafter HPC) and Community Development Director; and WHEREAS, the Community Development Director reviewed and recommended approval of the application, finding that the applicable review standards have been met; and, WHEREAS, during a duly noticed public hearing on July 14, 2004 HPC approved Resolution No. 22, Series of 2004, by a four to one (4-0) vote, recommending that City Council approve the request for a Historic Landmark Lot Split; 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 HPC and the Community Development Director and has taken and considered public comment at a public hearing; 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 is consistent with the goals and elements o£the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety,~ and welfare. Page: 2 of 4 09/09/2004 SILVIA DAVIS PITKIN COUNTY CO R 21 .00 O 0.00 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: l. 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, xvhich 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 hereb~ grant Historic Designation and a Historic Landmark Lot Split Subdivision Exemption for 308 Park Avenue, Lot 1, Block 2, Riverside Addition, and all that part of Regent Street lying Southerly of and adjacent to said Lot 1 projected Southerly to the Southerly line of Regent Street. Also the Northerly 15 feet of Lots 9,1'0,11 and the Northerly 15 feet of the Westerly half of Lot 12, Block 2 of the Riverside Addition, City and Townsite of Aspen, Pitkin County, Colorado with the following conditions: 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; Page: 3 of' 4 09/09/2004 10: SILVIA DRVIS PITKIN COUNTY CO R 21.00 D 0.00 b. Contain a plat note stating that no further sUbdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the 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 ofI the R-6 zone district, except for any variances approved by the HPC;] and d. Be labeled to indicate that this propOsal willI create a North Lot of 4,803 square 'feet in size with 2,493 Square feet of floor area, and a South Lot of 3,010 square feet in siZe with 1,500 square feet of floor area. e. Contain a plat note stating that a sidewalk, curb, and gutter must be provided across the park Avenue frontage of both lots at the time of final inspection for the first property to be developed. Section 4: 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 construed and concluded Under such prior ordinances. Section 5: 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 6: A public hearing on the ordinance shall be held on the 23rd day of August, 2004, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. ,Section 7: This ordinance shall become effective thirty (30) days following final passage. INTRODUCED, READ AND ORDERED PUBLISHED as providea Council of the City of Aspen on the 26th day of July, 20~ Helen Kajf~ Kathryn S.~och, City Clerk law, by the City $ILVIR DRVI$ PZTKZN COUNTY CO I~ z~ .ee D e.ee FINALLY, adopted, passed and apprOved this 23rd day Ht~n~alin kla~nd~rud, 1V~ay-6r · 591720 Page: 4 of' 4 09/09/2004 lO: 16~ Kathryn S. ~9/ch; (~/l~l~rk' Approved as to form: :Jah~nr~'."~orcester, City Attorney