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RESOLUTION N0. ~(Aftirming Decision)
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING
INTERPRETATIONS OF THE LAND USE CODE MADE BY THE
COMMUNITY DEVELOPMENT DIRECTOR ON FEBRUARY 20, 2008 AND
MARCH 24, 2008, REGARDING SECTION 26.415.025
WHEREAS, the Community Development Director received from The Aspen
Institute a request for a interpretation of the Land Use Code regarding Section
26.415.025; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director
rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the
Interpretation of the Director or modify or reverse the Interpretation upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from The Aspen Institute and/or representatives and the Community
Development Director and has found that the Director provided due process and neither
exceeded his jurisdiction or abused his authority in rendering the Interpretation; 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 affirms the
Community Development Director's Interpretations of the Land Use Code made on
February 20, 2008 and March 24, 2008, regarding Section 26.415.025.
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repealed or amended as herein provided, and the same shall be conducted and concluded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
portion shall be deemed a sepazate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Resolution No. _, Series of 2008. Page 1
APPROVED by the Aspen City Council on , 2008.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
Resolution No. _, Series of 2008. Page 2
~~ ady~~
RESOLUTION N0.~, (Reversing Decision)
(SERIES OF 2008)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL AND REVERSING THE INTERPRETATIONS OF THE COMMUNITY
DEVELOPMENT DIRECTOR ON FEBRUARY 20, 2008 AND MARCH 24, 2008,
REGARDING SECTION 26.415.025
WHEREAS, the Community Development Director received from The Aspen
Institute a request for a interpretation of the Land Use Code regarding the content of
Section 26.415.025; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director
rendered a decision and the applicant sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the
Interpretation of the Director or modify or reverse the Interpretation upon a finding that
there was a denial of due process, exceeding of jurisdiction, or abuse of authority in
rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from The Aspen Institute and/or representatives and the Community
Development Director and has found that the Director either exceeded his jurisdiction,
abused his authority, or did not provide due process in rendering the interpretation; and,
WHEREAS, the City of Aspen City Council fmds that this Resolution furthers and
is necessazy for the promotion of public health, safety, and welfaze.
NOW, THEREFORE BE IT RESOLVED that the City Council approves the appeal of
the Community Development Director's interpretations of Section 26.415.025 and
reverses the decision as follows:
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
Resolution No. _, Series of 2008. Page I
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
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 regulaz meeting on , 2008.
ATTEST:
Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
Resolution No. _, Series of 2008. Page 2