HomeMy WebLinkAboutresolution.council.022-12 RESOLUTION NO. 22
(SERIES OF 2012)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
ADMINISTRATIVE DECISION BY THE COMMUNITY DEVELOPMENT DIRECTOR
REGARDING TOPOGRAPHY OF A PROPERTY LOCATED AT 217/219 SOUTH THIRD
STREET, ASPEN, COLORADO.
WHEREAS, the Community Development Director received a request from YLP, LLC, owner
of a property located at 217/219 South Third Street, to accept an estimation of pre-development
topography prepared by a professional land surveyor registered with the State of Colorado; and,
WHEREAS, pursuant to Chapter 26.575.020-1 (table) — Calculations and Measurements, the
Community Development Director is authorized to accept an estimation of pre-development topography
prepared by a registered land surveyor in instances where the grade of a property has been modified by
prior development; and, , the Director rendered a decision and the applicant sought an appeal; and,
WHEREAS, pursuant to Chapter 26.575.020-1 (table) — Calculations and Measurements, the
Director did accept such estimation by issuance of an administrative determination dated February 21,
2012; and,
WHEREAS, neighbors Paul and Angela Yo g, aka Paul Young and Staspen, LLC, represented
by attorney Jody Edwards, appealed the administrative decision; 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 administrative
determination; 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 administrative determination regarding pre-development topography of the 217/219 South
Third Street property.
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action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein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 March 12, 2012.
ATTEST:
• .Alt L ,ice �Le.AL. 3 -/9-/2,
athryn S. Koc , ity Jerk Michael C. Ireland, Ma or
APPROVED AS TO FORM:
7cames R. True, City Attorney
Resolution No.22, Series of 2012. Page 1