HomeMy WebLinkAboutresolution.council.022-19 RESOLUTION NO. 22
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING LINEAR LIGHTING.
WHEREAS, the Community Development Director received a request for an
interpretation of the Land Use Code regarding Linear Lighting from the owner (BCL Trust) of
property within Aspen and represented by Forum Phi, 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
the representatives for the appellant, and the Community Development Director, and has found
that the Director provided due process and neither exceeded her jurisdiction or abused her
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 Linear Lighting and
directs staff to update the Outdoor Lighting regulations in the future and not pursue enforcement
for properties with valid building permits.
APPROVED by the Aspen City Council at its regular meeting on February 11, 2019.
A ST:
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Linda Manning, City Clerk Steven Skadron, Mayor
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APPROVED AS TO FO M:
Jin rue, City Attorney
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