HomeMy WebLinkAboutresolution.council.025-19 RECEPTION#: 655166, R: $18.00, D: $0.00
RESOLUTION NO.25 DOC CODE: RESOLUTION
Pg 1 of 2,04/10/2019 at 02:39:52 PM
(SERIES OF 2019) Janice K.Vos Caudill, Pitkin County, CO
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING THE
REMOVAL OF THE 1978 STATEMENT OF EXEMPTION (FROM THE DEFINITION
OF SUBDIVISION) FOR 729 W. FRANCIS ST., GOLD RUSH CONDOMINIUMS,
LOTS C AND D,BLOCK 16,CITY OF ASPEN,PITKIN COUNTY,COLORADO
ParcellD: 273512427801,273512427010,273512427011
WHEREAS, the Community Development Department received an application from
Joe Krabacher, representing Gold Rush, LLC requesting the extinguishment of the
requirements placed up 729 W. Francis St. in the Statement of Exemption from the Definition of
Subdivision approved by Aspen City Council on November 17, 1977 and executed by the Mayor of
the City of Aspen on March 17, 1978;and
WHEREAS, pursuant to Chapter 26.480.090 of the Land Use Code, City Council may
approve minor amendments to subdivisions;and
WHEREAS, the City Council reviewed the application and considered the Minor
Subdivision Amendment proposal under the applicable provisions of the Municipal Code as
identified herein, has reviewed and considered the recommendation of the Community
Development Director, and has taken and considered public comment at a duly noticed public
hearing;and,
WHEREAS, The-City Council considered the application during public hearing at a
regular scheduled meeting on March 11, 2019 and by a five to zero (5-0) vote approves
Resolution No. 25, Series 2019;and,
WHEREAS, the City Council approves the extinguishment of specific terms within the
Statement of Exemption from the Definition of Subdivision, specifically the lease term, sale,
and right of first refusal requirements described in the last paragraph of such document;and,
WHEREAS, the City Council finds that this resolution furthers and is necessary for the
promotion of public health,safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO,THAT:
Section 1:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the City Council hereby approves the removal of specific terms within the Statement
of Exemption from the Definition of Subdivision placed upon the property located at 729 W.
Francis St., specifically deleting the following requirements set forth in the last paragraph of the
Statement of Exemption from the Definition of Subdivision:
1. Tenants of such properties shall be given written notice of the intent to sell;
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2. Tenants shall have the exclusive option to purchase and a right-of-first refusal to purchase
the property;
3. Such properties shall be limited to at least one six-month minimum lease, plus two
shorter-term leases per year.
The extinguishment of these provisions within Statement of Exemption from the Definition of
Subdivision does not grant any additional land use rights, exempt the property from
compliance with all applicable section of the City of Aspen Municipal Code, or alter the existing
use approved for the property.
Section 2:
All material representations and commitments made by the Applicant pursuant to this
application, whether in public hearing or documentation presented before the City Council, are
hereby incorporated in such plan development approvals and the same shall be complied with as
if fully set forth herein, unless amended by an authorized entity.
Section 3:
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.
Section 4:
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 City Council of the City of Aspen on this 11 to day of March,20 9.
/ n
Steven Kkadr ,Mayor
Attest:
Linda Manning,City Clerk
Approved as to form:
es R.True,City Attorney
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