HomeMy WebLinkAboutresolution.council.008-09RESOLUTION NO.~i
(SERIES OF 2009)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
ADMINISTRA FOR THE W LLI MS RANCHSUBDI ISOION. STANDARDS
WHEREAS, the Community Development Director issued an administrative
decision regarding dimensional standazds applicable to the Williams Ranch subdivision;
and, ro ert owner, Gazy
WHEREAS, the Director rendered a decision and a p p Y
Wright, on behalf of himself, his wife, and Gazy Kelly, believes the Director exceeded his
jurisdiction and abused his discretion and sought an appeal based on such grounds; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm an
interpretation of the Land Use Code made by the Community Development Director or
reverse or modify 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 Gazy Wright on behalf of himself and other appellants as well as the
Community Development Director, and as a result 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 fmds 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 Administrative Decision regazding dimensional
standards applicable to the Williams Ranch subdivision.
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repealed or amended as herein provided, and the same shall be conducted and concluded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 separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Resolution No. 7, Series of 2009. Page 1
APPROVED by the Aspen City Council at its regular meeting on January 12, 2009.
ATTEST:
Kathryn S. K > Ci Clerk
APPROVED AS TO FORM:
John Wgrce§fer, City Attorney
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Michael C. Ireland, Mayo
Resolution No. 7, Series of 2009. Page 2