HomeMy WebLinkAboutresolution.council.031-11 RESOLUTION NO. Bt
(SERIES OF 2011)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING FLOOR AREA OF A STRUCTURE
SPANNING A PROPERTY BOUNDARY.
WHEREAS, the Community Development Director received a request for a
interpretation of the Land Use Code regarding the calculation of floor area for a structure
spanning a property boundary from the owner of 707 Gibson Avenue represented by Mitch Haas;
and,
WHEREAS, pursuant to Chapter 26.306 — Interpretations of Title, the Director rendered
a decision on March 9, 2011, 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 appellant, 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
of a structure spanning a property boundary issued March 9, 2011.
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any action or proceeding now pending under or by virtue of the ordinances repealed or amended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. Z3 APPROVED by the Aspen City Council at its regular meeting on Z3 , 2011.
ATT .T:
Kathryn S. Koc, City Clerk Mic ael . Ireland, Mayor
APPROVED AS TO FORM:
rc es er, ity Attorney
Resolution No. , Series of 2011. Page I