HomeMy WebLinkAboutresolution.council.100-09RESOLUTION N0. 100
(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 LOT AREA AND DEVELOPMENT
RIGHTS.
WHEREAS, the Community Development Director received a request for an
interpretation of the Land Use Code regarding Floor Area and development rights from the
owner of an area of land gained through quiet title action (Pitkin County Case No. 06-CV-165)
and described as the "northerly parcel" represented by Attorney David McConaughy; and,
WHEREAS, pursuant to Chapter 26.306 -Interpretations of Title, the Director rendered
a decision and the owner 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 argument from
Attorney David McConaughy representing the appellant, 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 welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community
Development Director's Interpretation of the Land Use Code regarding Floor Area and
development rights associated with the "northerly parcel."
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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.
APPROVED by the Aspen City Council at its regular meeting on November 23, 2009.
ATT ~ T: / --~//~~-~~~=
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Kathryn S. K ,City Clerk Michael C. Ireland,
APPROVED AS TO FORM:
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-dohrr orcester, Crty Attorney
Resolution No.--, Series of 2009. Page 1