HomeMy WebLinkAboutresolution.council.159-23RECEPTION#: 698976, R: $18.001 D: $0.00
DOC CODE: RESOLUTION
RESOLUTION #159 i Pg 1 of 2, 11/30/2023 at 02053006 PM
(SERIES OF 2023) Ingrid K. Grueter, Pitkin County, CO
A RESOLUTION OF THE CIEY OF ASPEN CITY COUNCIL AFFIRMING AN
INTERPRETATION OF THE LAND USE CODE MADE BY THE COMMUNITY
DEVELOPMENT DIRECTOR REGARDING THE APPLICATION OF MULTI -FAMILY
REPLACEMENT REQUIREMENTS (26.470.100a ).
WHEREAS, the Community Development Director received a request for an Interpretation
of the Land Use Code regarding the application of Multi -Family Replacement Requirements in a
redevelopment scenario to the property at 43 3/445 N. Spring Street and legally described as Lots 1-6;
Block 5; Oklahoma Flats Addition, plus a metes and bounds area acquired in 1991, by the Pauline M.
Mayer Family Limited Partnership, LLLP, and represented by BendonAdams, LLC,, and Wright Law
Aspen, LLP; and,
WHEREAS, pursuant to Chapter 26.306 — Interpretations of Title, the Community
Development Director rendered a decision on June 21, 2023, and the Applicant though its
representative sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm the Interpretation of
the Director or modify or reverse the Interpretation upon a finding that there was a denial of due
process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and oral argument from the
appellant's representatives, and the Community Development Director, and has found that the
Director provided due process and neither exceeded his jurisdiction nor abused his authority in
rendering the Interpretation$ 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 October 30, 2023, City Council voted three to two (3 -2) to
affirm the Interpretation issued by the Community Development Director,
NOW, THEREFORE BE IT RESOLVED that the City Council affirms the Community
Development Director's Interpretation of the Land Use Code regarding the application of Multi -
Family Replacement requirements in the Land Use Code to certain redevelopment scenarios — both
generally and in application to the property at 433/445 N. Spring Street,
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.
Resolution #159, Series of 2023. Page 1
APPROVED by the Aspen City Council at its regular meeting on October 30, 2023.
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
Ja s R. True, City Attorney
�T0
Nicole Henning, City C/�erk
Torre, Mayor
Resolution #159, Series of 2023. Page 2