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ORDINANCE No. 26
(Series of 1999)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING TEXT
AMENDMENTS TO MUNICIPAL CODE SECTION 26.575.020,
MISCELLANEOUS SUPPLEMENTAL REGULATIONS, "(A) FLOOR AREA, 6.
ACCESSORY DWELLING, AND 7. LINKED PAVILION," PURSUANT TO
CHAPTER 26.310, AMENDMENTS TO THE LAND USE REGULATIONS AND
OFFICIAL ZONE DISTRICT MAP, OF THE ASPEN MUNICIPAL CODE.
WHEREAS, Pursuant to the procedures and provisions set forth in Chapter 26.310
of the Aspen Municipal Code, the Community Development Departme!lt has formally
proposed amending Section 26.575.020 Miscellaneous Supplemental Regulations, of the
Aspen Municipal Code; and,
WHEREAS, pursuant to Section 26.310.020, Procedure for Amendment, of the
Aspen Municipal Code, an application for amendment to the text of the Municipal Code
shall be reviewed and recommended for approval, approval with conditions, or disapproval
by the Planning Director and then by the Planning and Zoning Commission at a public
hearing, and then approved, approved with conditions, or disapproved by the City Council at
a public hearing; and,
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WHEREAS, the Community Development Department prepared a set of proposed
amendments and recommended approval to the Planning and Zoning Commission; and,
WHEREAS, the Planning and Zoning Commission reviewed the proposed
amendments and did conduct a properly noticed public hearing on June 8, 1999; and,
WHEREAS, upon review and consideration of the proposed text amendments,
agency and public comment thereon, and those applicable standards as contained in Chapter
26 of the Municipal Code, to wit, Division 310 (Amendments to the Land tJ se Code), the
Planning and Zoning Commission has, by vote of six to zero (6-0), recommended that City
Council adopt the amendments related to the Miscellaneous Supplemental Regulations of
"A. Floor Area, 6. Accessory Dwelling and 7. Linked Pavilion," as proposed in the
Community Development Department staff memorandum dated June 8,1999; and,
WHEREAS, the Aspen City Council has reviewed and considered the text
amendments recommended by the Community Development Department and the Planning
and Zoning Commission under the applicable provisions ofthe Municipal Code as identified
herein, and has taken and considered public comment at a properly noticed public hearing;
and,
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WHEREAS, the City Council finds that the text amendments contained herein meet
or exceed all applicable standards and are consistent with the goals and elements of the
Aspen Area Community Plan; and,
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WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
public health, safety, and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1: That pursuant to Section 26.310.040 (Standards of Review) of the Municipal
Code, the City Council finds as follows in regard to the text amendments:
I. The proposed text amendments are not in conflict with the provisions of Chapter 26
of the Municipal Code or the Aspen Area Community Plan.
2. The proposed text amendments will promote the public interest and character of the
City of Aspen.
Section 2: That Section 26.575.020, Miscellaneous Supplemental Regulations, "A. Floor
Area, 6. Accessory Dwelling and 7. Linked Pavilion," of the Aspen Municipal Code shall be
amended to hereafter read as follows:
6. Accessory Dwelling. For the purpose of calculating floor area ratio and allowable
floor area for a lot whose principal use is residential, the following shall apply:
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The allowable floor area for an attached accessory dwelling unit shall be excluded
up to a maximum of three hundred fifty (350) square feet of allowable floor area or
fifty (50) percent of the size of the accessory dwelling unit whichever is less. This
floor area exclusion provision shall only apply to accessory dwelling units which are
subject to conditional use review and approval pursuant to Section 26.425 of this code.
In addition, the units shall be deed restricted, registered with the AspenlPitkin County
Housing Authority, and rented to an eligible working resident of Pitkin County. The
owner shall retain the right to select the renter for the unit.
The floor area of a detached accessory dwelling unit separated from a principal
structure by a distance of not less than ten (10) feet with a minimum footprint of six
hundred twenty five (625) square feet, shall be calculated at fifty (50) percent of
allowable floor area up to seven hundred (700) square feet of floor area.
7. Linked Pavilion. Any element linking the principal structure to an accessory
structure shall not be included in the calculation of floor area provided that the linking
structure is no more than one (1) story tall, six (6) feet wide and ten (10) feet long.
Areas of linking structures in excess. of ten feet in length shall be counted in floor area.
Section 3: This Ordinance 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.
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Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance
is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
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portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
Section 5: A public hearing on the Ordinance was held on the 12th day of July, 1999 at 5:00
p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to which hearing a public notice of the same was published in a newspaper of general
circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the 21 st day of June, 1999.
(Signatures on following page.)
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APPROVED AS TO FORM:
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John. orc ster, City Attorney
ATTEST: c.
FINALLY, adopted, passed and approved this ~ day Of~ ~ ,1999.
Attest:
G:planning.aspen.ords.footpmtord2.doc
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