HomeMy WebLinkAboutresolution.council.096-19 RECEPTION#: 659063, R: $18.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 2,09/27/2019 at 12:58:31 PM
Janice K.Vos Caudill, Pitkin County, CO
RESOLUTION NO. 96
(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 DIMENSIONAL STANDARDS AND
ALLOWED USES IN THE MIXED-USE ZONE DISTRICT AS APPLIED TO A PROPERTY
COMMONLY KNOWN AS 320 W. MAIN STREET, LEGALLY DESCRIBED AS: LOT A,
HISTORIC LANDMARK LOT SPLIT AT 320 W. MAIN STREET,ACCORDING TO THE
FINAL PLAT RECORDED SEPTEMBER 3,2003 IN PLAT BOOK 66 AT PAGE 32, CITY
OF ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
WHEREAS, the Community Development Director received a request for an Interpretation
of three sections of the Land Use Code Land Use Code regarding the application of the dimensional
limitations and allowed uses in the Mixed-Use zone district to a property at 320 W. Main St., by
Robert I. Levy, and represented by attorney Richard Neiley, Jr. of Neiley Law Firm, LLC; and,
WHEREAS, pursuant to Chapter 26.306 — Interpretations of Title, the Community
Development Director rendered a decision issued on July 3, 2019, and the Applicant though its
representative 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
attorney Richard Neiley, Jr., representing 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; and,
WHEREAS, at a regular meeting on September 9, 2019 City Council voted five to zero (5 - 0)
to affirm the Interpretation issued by the Community Development Director.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
ASPEN AS FOLLOWS:
Section 1: Affirmation of the Interpretation
The Resolution affirms the Community Development Director's Interpretation (Issued July 3, 2019)
of the Land Use Code regarding the application of the requirements of the Mixed-Use zone district to
the property at 320 W. Main Street. The effect of affirming the Interpretation is that under the current
Land Use Code, 320 W. Main Street could not be approved for a Change in Use to free-market
residential.
Resolution No.96, Series of 2019. Page 1
Section 2: Existing Litigation
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 3: Severability
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 September 9, 2019
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
TMOL
ames R. True, City Attorney Torre, Mayor
ATTEST:
Linda Mannmg, City Clerk
Resolution No.96, Series of 2019. Page 2