HomeMy WebLinkAboutresolution.council.006-10RESOLUTION N0. ~/
(SERIES OF 2010)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING PERMITTED USES IN THE
SERVICE/COMMERCIAL/INDUSTRIAL (S/C/I) ZONE DISTRICT
WHEREAS, the Community Development Director received a request for an
interpretation of the Land Use Code regarding permitted uses in the Service/Commercial/
Industrial (S/C/I) zone; 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 iri rendering the interpretation; and,
WHF,REAS, the City Council has taken and considered written and oral argument from
Kent Kleppinger, 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 permitted uses within the
S/C/I zone.
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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
ATT ST:
Kathryn S och, City Clerk
APPROVED AS TO FORM:
0 orceste~ i~Atto
at its regular meeting one ~~ , 2010.
,/
Michael C. Ireland, Mayo
Resolution No.--, Series of 2010. Page 1