HomeMy WebLinkAboutordinance.council.049-00 ORDINANCE No. 49,
SERIES 2000
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
SUBDIVISION EXEMPTION LOT SPLIT FOR LOTS P, Q, R, AND S OF BLOCK
21, CITY AND TOWNSITE OF ASPEN, CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
Parcel ID (Lot P): 2735-124-00-007
Parcel ID.(Lots Q, R, and S): 2735,124-09-009
WHEREAS, the Community Development Department received an application
from co-applicants, Jack Silverman and the Doremus Family Limited Partnership, LLLP,
represented by Mitch Haas, for a Subdivision Exemption Lot Split for Lots P, Q, R, and S
of Block 21 in the City and Townsite of Aspen, City of Aspen, Pitkin County; and
WHEREAS, pursuant to Sections 26.480.040(B), the Aspen City Council, in
accordance with the procedures, standards, and limitations of this Chapter, shall by
ordinance approve, approve with conditions, or disapprove a development application for
a Subdivision Exemption Lot Split, after recommendation by the Community
Development Department, pursuant to Section 26.480.040(B)(4); and,
WHEREAS, the Community Development Department reviewed the application
for a SUbdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 City and
Townsite of Aspen, City of Aspen, Pitkin County, Colorado in the R-6 zone district and
recommended approval; 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 Community Development Director, the
applicable referral agencies, 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,
with conditions, is consistent with the goals and elements of 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. '
NOW, THEREFORE, BE IT ORDAINED BY THE ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Subdivision Exemption Lot Split for Lots P, Q, R, and S of Block 21 City and
Townsite of Aspen, City of Aspen, Pitkin County, Colorado, is approved with the
following conditions:
1. That the co-applicants agree to demolish the existing house on Lot Q within 180
days of approval by City Council after recordation of the plat;
2. That the applicants remove the "No Parking" sign located on West Francis Street
side of the subject properties;
3. At present, there are parking and fencing encroachments into the public rights-of-
way on West Francis Street, 5th Street, and the Alley for Block 21. The applicant
must either 1) remove the encroachments or 2) obtain a Temporary Revocable
Encroachment License from the City Engineering Department allowing these
encroachments to exist prior to the recording of the final plat;
4. That all demolition of the existing building needs to occur from the alley side of
the lot. In addition, the applicant shall not track mud onto City streets during
demolition;
5. If, in the future, the applicants wish to remove trees located along the property
line, approval from the City Parks Department based upon the tree removal permit
process is required;
6. That the neighboring owners both must end the use 6fthe parking area on West
Francis Street. This is to alleviate the potential damage to the existing street trees.
The applicants shall replace the gravel area with natural landscaping as required
by the Parks Department;
7. That the applicant shall submit and record a subdivision plat which meets the
terms of chapter 26.480, and conforms to the requirements of the Land Use Code,
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;
8. That the applicant shall record the subdivision exemption agreement in the office
of the Pitkin County Clerk and Recorder. Failure on the part of the apPlicant to
record the agreement within one hundred eighty (I 80) days following approval by
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; and
9. That the applicant agrees that)this subdivision exemption lot split resulting in two
6,000 square foot lots contains a maximum potential build out not to exceed two
(2) principal dwelling units. This lot split effectively eliminates a development
right for Lots Q, R, and S; and
10. Any future development on the newly created lots shall be required to mitigate for
their ~mpact pursuant to Chapter 26.470 Growth Management Quota System
(GMQS) as required.
_Section 2:
This Ordinance shall not effect any existing litigation and shall not operate as an abatemen of
any action or proceeding now pending under or by virtue of the ordinances repealed or amen ed
as herein provided, and the same shall be conducted and concluded under such prior ordinan ~s.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for ay
reas°n held ~nval~d °r unconstitutional m a court of competent jurisdiction, such portion shal ~e
deemed a separate, distinct and independent provision and shall not affect the validity of t he
remaining portions thereof.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this l0th day of October, 2000.
Attest:
FINALLY, adopted, passed and approved this 23th day of October, 2000.
Attest:
~h :ryn s~h, ~ity (~lerk /Rachel Richards, l~Layor
Approyed as to form:
John Worc6stor, City Attorney
C:\My Documents\Current Cases\Lot SlpifiDoremusSilverman\SilvermanDoremusLotSplitMemo.doc