HomeMy WebLinkAboutExhibit A - Resolution No. 58, Series of 1994Y'.
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SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
RESOLUTION NO. 53
Series of 1994
REC
15000
DOC
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
INTERPRETING THE SUBDIVISION AGREEMENT AND PLAT FOR THE LACET
SUBDIVISION (F/K/A EAST COOPER SUBDIVISION), LOTS 1-7 OF THE LACET
SUBDIVISION, 403, 406, 407, 410, 411, 414, 415 BARB'S WAY, ASPEN, COLORADO,
ACCORDING TO THE RECORDED PLAT THEREOF.
WHEREAS, By Ordinance No. 18, Series of 1993, the City Council ofthe City of Aspen
approved the subdivision and rezoning of that certain real property (hereinafter referred to as
Lacet Subdivision") described in the Planned Unit Development and Subdivision Improvement
Agreement for East Cooper Affordable Housing Development (Lacet Subdivision), recorded at
Reception No. 359036, Book 718, Page 477 of the records of the Clerk and Recorder of Pitkin
County ("the Subdivision Agreement") and the recorded plat therefor ("the Plat"); and,
WHEREAS, The Subdivision Agreement and the Plat indicate "building envelopes" on
Lots 1, 2, 3, and 7 which were intended by City Council to create a buffer space between the
Lacet Subdivision and the Riverside Subdivision; and,
WHEREAS, The Subdivision Agreement and the Plat do not state any intent or
restrictions regarding the uses permitted in the twenty-five foot buffer spaces outside of the
building envelopes; and,
WHEREAS, On June 27, 1994, after written notice to owners of affected real property
and published notice to the public, the City Council held a public hearing to consider whether
the Subdivision Agreement and the Plat required amendment or clarification to accurately reflect
the actual terms of approval granted by Ordinance No. 18; and,
WHEREAS, at that Public Hearing, the City Council reviewed videotaped portions of
the Public Hearing at which Ordinance No. 18 was approved, heard the testimony of affected
and interested landowners, and considered written comments submitted by interested parties;
and,
WHEREAS, Based on the evidence presented at the June 27, 1994 Public Hearing, and
the recollections of the members of City Council, which is comprised of the same members as
when Ordinance No. 18 was enacted, and review of the Subdivision Agreement and the Plat,
City Council has determined that the Subdivision Agreement and the Plat do not reflect the
nature of the restrictions on the uses allowed in the twenty-five foot buffer areas outside the
building envelopes shown on Lots 1, 2, 3, and 7 in the Subdivision Agreement and the Plat
("hereinafter referred to as "the buffer spaces"), which restrictions were the subject of material
representations to City Council at the time of adoption of Ordinance No. 18 and approval of the
Subdivision and the Plat; and,
WHEREAS, The Subdivision Agreement and the Plat require supplementation to clarify
the scope of restrictions applicable to the buffer areas;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
1. No permanent improvements of any sort whatsoever, other than underground utility
lines, may be built, constructed or placed in the twenty-five foot buffer spaces between the
building envelopes on Lots 1, 2, 3, and 7 and Riverside Subdivision (all as shown on the Plat
and the Subdivision Agreement). The buffer spaces may not be paved or improved other than
by landscaping. Nor shall any of the following types items be allowed in the buffer spaces:
building eaves, architectural projections, balconies, fire escapes, uncovered porches, slabs,
patios, walks and steps, fences and walls.
2. All other spaces shown in the Subdivision Agreement and the Plat outside of the
building envelopes shall be subject to those restrictions applicable to setbacks under the
Municipal Code of the City of Aspen, except as otherwise specifically indicated in the
Subdivision Agreement or the Plat.
INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on
the �_ day of 1994.
JcWn S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing
is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day hereinabove stated.
Kath n S. Koch, City Clerk
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