HomeMy WebLinkAboutresolution.council.089-09RESOLUTION N0.89
.(SERIES OF 2009)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING MAN-MADE TOPOGRAPHY AND THE
CALCULATION OF FLOOR AREA.
WHEREAS, the Community Development Director received a request for a
interpretation of the Land Use Code regarding man-made topography and the calculation of
Floor Area from the owners of 413 West Hopkins Avenue represented by Attorney Jody
Edwazds and the owners of 219 South Third Street represented by Attorney Bart Johnson; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director rendered
a decision and the owners of 413 West Hopkins Avenue 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 oral azgument from
Attorney Jody Edwards representing the appellant, Attorney Bart Johnson representing the
affected property owner, 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 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 Interpretation of the Land Use Code regarding man-made slope and the
calculation of Floor Area.
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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.
APPROVED by the Aspen City Council at its regulaz meeting on ~ 2'~-~" ,
AT ST: ~ .,.~ ~/
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Kathryn S. Ko ,City erk Michael C. I eland; Mayor
APPROVED AS TO FORM:
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John Worcester, City Attorney
Resolution No. 89, Series of 2009. Page 1