HomeMy WebLinkAboutresolution.council.014-08RESOLUTION N0. 14
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REMANDING AN
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT
DIRECTOR REGARDING CHATEAU ROARING FORK CONDOMINIUMS
UNIT NUMBER 43.
WHEREAS, the Community Development Director received a request for a
decision regarding the status of Unit Number 43 of the Chateau Roazing Fork
Condominiums by Fred Pierce of Austin Piece and Smith Attorneys on behalf of Tony
Greene, the owner of the subject units; and,
WHEREAS, pursuant to Chapter 26.210 - Community Development
Department, the Director rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City of Aspen hearing Officer, pursuant to Chapter 26.316, may
affirm the decision of the Director or modify or reverse the decision upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the decision; and,
WHEREAS, the City of Aspen has not appointed a Hearing Officer and the City
Council considered the appeal on behalf of the Hearing Officer; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from the Chateau Roaring Fork Unit Number 43 owners and/or representatives
and the Community Development Director; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED that the City Council remands the
Community Development Director's decision regarding Unit Number 43 of the Chateau
Roaring Fork Condominiums back to the Community Development Director.
This Resolution shall not affect 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repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
Resolution No. 14, Series of 2008. Page 1
portion shall be deemed a sepazate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED by the Aspen City Council at its regular meeting on February 25`h, 2008.
ATTEST:
3 e
Kathryn S. K h, City Clerk Michael C. Ireland, Mayor
APPROVED AS TO FORM:
o n Worc ster, City Attorney
Resolution No. 14, Series of 2008. Page 2