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RECORD OF PROCEEDINGS
ORDINANCE NO. 2.8
(Series of 1986)
AN ORDnaNCE AMENDING THE USE 'mBLES TO
ALLOW NON-ACCESSORY DifELLING UNITS AS A
CONDITIONAL USE FOR DESIGMTED HISTORIC STRUCTURES
IN THE COMMERCIAL CORE ZONE DISTRICT
100 Leaves
WHER~S, the Aspen Planning and Zoning Commission initiated
a code amendment at the request of a private applicant to Section
24-3.2 of the Municipal COde to allow dwelling uni ts as a condi-
tional use for designated historic structures in the Conunercial
Core Zone District and amend Section 24-3.7(0)(1) to restrict
conunercial core dwelling units to 6 month minimum leases. as
provided by Section 24-12.31 and
WHERFAS, the COmmission reviewed the proIX>sed code amendment
at a public hearing held during their regularly scheduled meeting
on June 17, 19861 and
WHER~S, the COmmission did recommend to the City COuncil to
adopt a code amendment as proposed in Planning and zoning Commission
Resolution #86-91 and
WHEREAS, the Planning Commission did make the following
findings wi th respect to the proposal:
1. Dwelling units presently exist on upper levels of
numerous designated historic structures 1 and they would
be brought into conformity through this code amendment.
2., The current limitation to accessory use status for
residential uses in the Commercial Core is counter-
productive to the goals of increasing vitality and
diversi ty in the Commercial Core.
3. Residential uses are believed to be generally compatible
and appropriate in many historic structures of the
Commercial Core but should be conditional uses to
ensure that the proposed residential conversion is
consistent with the obj ectives and purposes of the
RECORD OF PROCEEDINGS
100 Leaves
zoning code.
4. As an incentive for historic preservation, adding
dwelling units as a conditional use for historic
structures will provide owners with an additional option
f or use of upper story space.
5. Short-term residential uses could be sufficiently high-
income producing to displace necessary Commercial Core
functions, and should not be allowed as provided in the
six-month minimum lease agreement stated in Section 24-
3.7(0) of the Municipal Code.
6. No negative impacts in traffic generation, parking,
utilities, fiscal viability, air quality, water quality,
and 1 and use s woul d appear to resul t f rom this code
amendment.
WHEREAS, having received and considered the recommendation
of the Aspen Planning and Zoning Commission, Council desires to
amend Section 24-3.2 and 24-3.7(0) (1) as hereinbelow provided:
ROW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPER, COLORADO:
Section 1
That the Intention statement appearing in Section 24-3.2 of
the Municipal Code of the Ci ty of Aspen, Colorado, pertaining to
the Commercial Core Zone District, is hereby amended as follows:
(new language is in bold, old language is crossed out)
"To allow the use of land for retail and service
commercial, recreation and institutional purposes with
customary accessory uses to enhance the business and
service character in this central core of the City.
Hotel and principal long-term residential uses may be
appropriate as a conditional use, while accessory
residential uses are permitted.
Section 2
That the Table of Condi tional Uses appearing in Section 24-
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RECORD OF PROCEEDINGS
100 Leaves
3.2, oertaining to the commercial Core Zone District, be amended
to add:
W(6) Non-accessory dwelling unites) above street level
commercial uses in individually designated historic
structures, provided that the unites) are restricted to
6-month minimum leases as provided in Section 24-
3..7(0) (l)w.
Section 3
That Subsection (0)(1) of Section 24-3.7 of the Municipal
Code of the Ci ty of Aspen is herein amended to read as follows:
(new language is in bold)
" (1) No mul ti-family uni t within the RMF, O. and C-l
Districts or multi-family, duplex or single family
unit in CC shall be leased for any period of less than
six (6) success ive months: 0 r, in the al terna tive, be
leased more than twice for short-term periods within
any calendar year (in addition to occupancy by the
owner or any lease for a six-month lease term) n.
Section 4
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of oompetent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaininq por tions thereo f.,
Section 5
A publ ic hearing on the
day of au~
City Council Chambers, 130 S-
....,-"'H...J
Ordinance shall be held on the ~::>
, 198~, at 5:00 'P-M. in the
Galena, Aspen, Colorado.
INTRODUCED, RFAD AND ORDERED publ ished as provided by law by
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RECORD OF PROCEEDINGS
100 Leaves
the Ci ty Council of the Ci ty of Aspen on the r18'
h ' 1986.
day of
~~~.
William L., Stirling, Mayor
ATTEST:
K~21~~
FINALLY adopted. passed
~-<#j , 1986.
and approved on this ~~day of
~~~
AftEST:
~~ dJdu -
Kathryn S. och, City Clerk
SB . 6 26
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