HomeMy WebLinkAboutordinance.council.034-05ORDINANCE NO. 34
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION FOR A HISTORIC LANDMARK LOT SPLIT AT
227 E. BLEEKER STREET, LOTS E, F, AND G, BLOCK 73, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO
Parcel ID #: 2737-073-20-003
WHEREAS, the applicants, Rosa Gettman and EHC Management Trust (John M.
Crosby and Carolynn Crosby Burnett Co-Trustees), represented by Mitch Haas, Haas
Land Planning, LLC, have requested a Historic Landmark Lot Split, and Variances for the
property located at 227 E. Bleeker Street, Lots E, F, and G, Block 73, City and Townsite
of Aspen, Colorado; and
WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet
the tbllowing requirements of Aspen Municipal Code: Section 26.480.030(A)(2) and (4),
Section 26.470.040(A)(4), and Section 26.415.110(A), which are as follows:
26.480.030(A)(2)~ Subdivision Exemptions~ Lot Split
The split of a lot for the purpose of the development of one detached single-family
dwelling on a lot formed by a lot split granted subsequent to November 14, 1977, where
all of the following conditions are met:
a)
b)
c)
d)
e)
The land is not located in a subdivision approved by either the Pitkin
County Board of County Commissioners or the City Council, or the land
is described as a metes and bounds parcel which has not been subdivided
after the adoption of subdivision regulations by the City of Aspen on
March 24, 1969; and
No more than two (2) lots are created by the lot split, both lots conform to
the requirements of the underlying zone district. Any lot for which
development is proposed will mitigate for affordable housing pursuant to
Section 26.470.070(B).
The lot under consideration, or any part thereof, was not previously the
subject of a subdivision exemption under the provisions of this chapter or
a "lot split" exemption pursuant to Section 26.470.040(C)(1)(a);and
A subdivision plat which meets the terms of this chapter, and conforms to
the requirements of this title, is submitted and recorded in the office of
the Pitkin County clerk and recorder after approval, indicating that no
further subdivision may be granted for these lots nor will additional units
be built without receipt of applicable approvals pursuant to this chapter
and growth management allocation pursuant to I~hapter 26.470.
Recordation. The subdivision exemption agreement and plat shall be
recorded in the office of the Pitkin County clerk and recorder. Failure on
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t)
g)
the part of the applicant to record the plat within one hundred eighty
(180) days following approval by the City Council shall render the plat
invalid and reconsideration of the plat by the City Council will be
required for a showing of good cause.
In the case where an existing single-family dwelling occupies a site which
is eligible for a lot split, the dwelling need not be demolished prior to
application for a lot split.
Maximum potential buildout for the two (2) parcels created by a lot split
shall not exceed three (3) units, which may be composed of a duplex and a
single-family home; and
26.480.030(A){4)~ Subdivision Exemptions~ Historic Landmark Lot Split
The split of a lot that is listed on the Aspen Inventory of Historic Landmark Sites and
Structures for the development of one new single-family dwelling may receive a
subdivision exemption if it meets the following standards:
a. The original parcel shall be a minimum of six thousand (6,000)
square feet in size and be located in the R-6, R-15, R-15A, RMF, or MU zone
district.
b. The total FAR for both residences shall be established by the
size of the parcel and the zone district where the property is located. The total FAR
for each lot shall be noted on the Subdivision Exemption Plat.
c. The proposed development meets all dimensional requirements
of the underlying zone district. The variances provided in Section
26.415.110(B)(l)(a),(b), and (c) are only permitted on the parcels that will contains a
historic structure. The FAR bonus will be applied to the maximum FAR allowed on
the original parcel; and
26.470.040(A)(4)~ GMQS Exempt Development, Single-Family and Duplex
Development on Historic Landmark Properties. The development of one or multiple
single-fmnily residences or a duplex on a parcel of land designated as a Historic
Landmark shall be exempt from growth management. This exemption applies to the
rehabilitation of existing structures, reconstruction after demoli[ion of existing structures,
and the development of new structures on Historic Landmark properties, provided all
necessary approvals are obtained, pursuant to Section 26.415, Development involving the
Inventory of Historic Landmark Sites and Structures. Additional units shall not be
deducted from the respective Annual Development Allotments or Development Ceiling
Levels established pursuant to Section 26.470.030; and
26.415.110(A) Benefits~ Historic Landmark Lot Split. This section establishes the
procedure for review of a Historic Landmark Lot Split; and
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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 13, 2005, the Historic
Preservation Commission recommended, by a four to zero (4-0) vote, that City Council
approve a Historic Landmark Lot Split at 227 East Bleeker Street; and,
WHEREAS, pursuant to Sections 26.415.110 and Section 26.480, 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 and Community Development Director; 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 of the Aspen Area Co~mnunity Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary fbr
the promotion of 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
26.415.110(A) 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:
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: to
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.
3
Section 2
Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant
a Historic Landmark Lot Split Subdivision Exemption for 227 East Bleeker Street, Lots
E, F, and G, Block 73, City and Townsite of Aspen, Colorado with the ~bllowing
conditions:
l. A subdivision exemption plat and subdivision exemption agreement shall be
reviewed and approved by the Community Development Department m~d
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. Contaiu 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
contbrm to the dimensional requirements of the R-6 zone district, except
the variances approved by the HPC; and
d. Be labeled to indicate that this proposal will create Lot 1 of 4,500 square
f~et in size with 2,280 square feet of floor area, and a Lot 2 of 4,500
square feet in size with 1,800 square feet of floor area. Each lot may apply
for up to ½ of the available HPC FAR bonus.
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 construed 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 hearing on the ordinance will be held on the 22nd day of August, 2005, in the
City Council Chambers, Aspen City Hall, Aspen, Colorado.
Section 7:
This ordinance shall become effective thirty (30) days following final passage.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City
Council of the City of Aspen the ~~~ -~ ~.~v.;
on 25th day of July, 2005.
Kaihryn S. Ko,~,'Ci{v Clerk
FINALLY, adopted, passed and approved this 22"5
Approved as to form:
~"hFl~. V~o~c~s~ter, City Attorney
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