HomeMy WebLinkAboutordinance.council.028-19 ORDINANCE NO. 28
(SERIES OF 2019)
AN ORDINANCE OF THE ASPEN CITY COUNCIL REVOKING ORDINANCE 58,
SERIES 1985 AFFECTING THE ZONING OF 227 E. MAIN ST., LOT: F, BLOCK: 74,
CITY AND TOWNSITE OF ASPEN COLORADO AND 231 E. MAIN ST., LOTS: G, H,
I, BLOCK 74, CITY AND TOWNSITE OF ASPEN COLORADO
WHEREAS, the Community Development Department has received an
application from Mark Friedland, dba 227 E Main, LLC, 635 E. Hyman Ave., Aspen, CO
81611 and Tom Moore, dba Monarch Building, LLC, 231 E. Main St., Aspen, CO 81611,
to revoke Ordinance 58, Series of 1985; and,
WHEREAS, Ordinance 58, Series of 1985 provided for the rezoning of 227 and 231
E. Main St., contingent upon a deed restriction being filed by the Moore Family and the
approved ordinance being filed by the City of Aspen with the Pitkin County Clerk and
Recorder; and,
WHEREAS, upon initial review of the application and Ordinance 58, Series of
1985, staff determined that the requirement of Ordinance 58, including the recording of
a deed restriction and recording of the approved ordinance were never met; and,
WHEREAS, Planning staff and the City Attorney's office determined that, without a
recorded deed restriction and ordinance, the rezoning and related requirements approved
in Ordinance 58, Series of 1985 are invalid and unenforceable; and,
WHEREAS, without the rezoning and related requirements as approved in
Ordinance 58, Series of 1985 in place, the existing zoning of the subject properties was
and remains Mixed-Use; and,
WHEREAS, the presence of Ordinance 58, Series of 1985 in the official record
creates a lack of clarity on existing zoning of the subject properties, which the current
owners seek to rectify; and,
WHEREAS, the City Council further finds that the proposed ordinance is
consistent with the policies in the Aspen Area Community Plan and requirements of
Title 26 of the City of Aspen Municipal Code; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1: Revocation
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, the Aspen City Council hereby revokes Ordinance 58, Series of 1985 in its
entirety.
Section 2:
The zoning designation of the subject properties was and shall remain Mixed-Use.
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.
Section 5:
A duly noticed public hearing on this Ordinance was held on the :26th day of November,
2019 at 5:00 PM in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of
the City of Aspen on the day of November 2019.
Atte
Torre, Mayer
Linda Manning, City Cy rk
FINALLY, adopted, passed, and approved by a to —it(c) vote on
this 26th day of November, 2019.
Approved as to form: Approved as to content:
James R. True, City Attorney Torre, Mayor
A
Linda Manning, City Cler