HomeMy WebLinkAboutResolution No. 26, Series of 2020_Lacet Subdivision_Resolution AmendmentRESOLUTION NO. 26
(SERIES OF 2020)
AN RESOLUTION OF THE ASPEN CITY COUNCIL AMENDING RESOLUTION 58,
SERIES 1994 ELIMINATING A PROHIBITION ON DEVELOPMENT IN A 25’
BUFFER FOR LOTS 1, 2, 3, AND 7 OF THE LACET SUBDIVISION, LEGALLY
DESCRIBED AS LOTS 1-7 OF THE LACET SUBDIVISION, 403, 406, 407, 410, 411, 414,
415 LACET LANE, COMMONLY KNOWN AS THE LACET SUBDIVISION
WHEREAS, the Community Development Department received an application from
Paulette Perkins and Thomas Hext on behalf of the Lacet Homeowners Association, 152
Haystack Road, Glenwood Springs, CO 81601 to amend Resolution 58, Series of 1993; and,
WHEREAS, Ordinance No. 18, Series of 1993 granted Rezoning, Planned Development,
Subdivision, Growth Management Exemption, and Condominiumization approval for the eight lot
Lacet Subdivision; and,
WHEREAS, a Planned Development and Subdivision Improvement Agreement and
Subdivision Plat for the Lacet Subdivision was recorded in 1993 (Reception #359038), and;
WHEREAS, during the approval of the Subdivision in 1993 the developer agreed to a 25’
buffer between the building envelopes of Lots 1, 2, 3, and 7 and the Riverside Subdivision and the
buffer was depicted on the recorded Final Plat for the Lacet Subdivision; and,
WHEREAS, Resolution 58, Series of 1994 was approved by City Council clarifying the
types of development allowed in the 25’ buffer, limiting improvements to the installation of
underground utility lines and landscaping; and,
WHEREAS, upon review of the application, permit records, and Resolution 58, Series of
1994, staff determined improvements prohibited by Resolution 58 have been constructed in the
area of restricted development; and,
WHEREAS, letters provided by current neighbors have demonstrated reduced concern for
the impacts of the Lacet Subdivision and support for applying the City of Aspen Land Use Code
Setback regulations to this area; and,
WHEREAS, the presence of Resolution 58, Series of 1994 in the official record creates a
unique and atypical restriction on the owners of the subject properties which the applicant seeks
to rectify; and,
WHEREAS, on April 14, 2020, the Aspen City Council approves Resolution No. 26,
Series of 2020 by a ____ to ____ ( __ – __ ) vote; and,
WHEREAS, the City Council further finds that the proposed Resolution 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 Resolution 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: Amended Resolution No. 58, Series of 1993
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
Section 1 of Resolution No. 58, Series of 1994 is hereby deleted in its entirety.
Section 2: Regulations Applicable to Areas Outside of Established Building Envelopes:
Section 1 of Resolution No. 58, Series of 1994 is hereby replaced with the following language:
All areas outside of building envelopes established in the Subdivision Agreement and Plat
including, but not limited to, the 25’ buffer between the building envelopes of lots 1, 2, 3, and 7 in
the Riverside Subdivision, shall be subject to all restrictions applicable to development in setbacks
under Section 26.575.020 of the City of Aspen Land Use Code, as amended from time to time,
unless specifically indicated in the Subdivision Agreement or the Plat. Modification or alteration of
existing non-conforming or previously unpermitted development within the 25’ setback area are
subject to all applicable Land Use Code sections and standards. All existing easements in the Lacet
Subdivision remain unaffected by this Resolution.
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 Resolution s repealed or amended as
herein provided, and the same shall be conducted and concluded under such prior Resolution s.
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 Resolution was held on the 14th day of April, 2020 at 5:00 PM
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
FINALLY, adopted, passed, and approved by a _____ to ______ (_____-____) vote on this 14th
day of April, 2020.
Approved as to form: Approved as to content:
__________________________ ______________________________
James R. True, City Attorney Torre, Mayor
Attest:
_______________________
Nicole Henning, City Clerk