HomeMy WebLinkAboutresolution.council.017-03 RESOLUTION NO..17
(Series of 2003)
A RESOLUTION OF THE ASPEN CITY COUNCIL APPROVING A TWENTY
FOUR (24)-MONTH EXTENSION OF THE~VESTED PROPERTY RIGHTS
FOR 21 MONTHS BY ORDINACE NO. 66, SERIES OF 2000; LOCATED AT 535
DEAN STREET, A PARCEL oF LAND SITUATED'IN LOTSL, M~ AND N, BLOCK
97, ASPEN TOWNSITE, LOT 1, TIPPLE WOODS SUBDIVISION AND LOT 2,
GANNON'S ENTRY IN THE NW ¼ OF SECTION 18, TOWNSHIP 10 S., R. 84 W.,
OF THE 6TM P.M., CITY OF ASPEN, PITKIN COUNTY, COLORADO.
Parcel No. 2737-182-96-033
WHEREAS, the Community Development Department received an application
fi.om the Aspen Land Fund, LLC. represented by Sunny Vann, Vann Associates, LLC,
for a thirty-six (36) month extension of vested property rights for Lots L, M. and N, Block
97, Aspen Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gaimon's Entry; and,
WHEREAS, the subject property is located in the Lodge / Tourist Residential
Zone Districts; and,
WI-IEREAS, City Council adopted Ordinance No. 6, Series of 1998, which
approved a GMQS Exemption, Subdivision, and Vested Property Rights status for the
Tippler Townhomes Development until May 26, 2001; and,
WHEREAS, City Council adopted Resolution No. 66, Series of 2000, which
approved a twenty-one (21) month extensmn of the Vested Property Rights, or until
February 26, 2003; and.
WHEREAS, pursuant to Section 26.308.010 Vested Property Rights of the Land
Use Code. City Council may grant an extension of vested rights for up to three years after
a public hearing ~s held and a resolution is adopted; and,
WHEREAS. the Community Development Director has reviewed the application
and recommended approval of a twelve (12) month extension of vested rights, until
February 26. 2004 for Lots L, M, and N. Block 97. Aspen Townsite. Lot 1, Tipple Woods
Subdivision and Lot 2, Gannon's Entry finding that the review criteria have been met; and,
WHEREAS, the Aspen City Council has reviewed and considered the extension of
vested rights for Lots L. M, and N, Block 97, Aspen Townsite, Lot 1, Tipple Woods
Subdivision and Lot 2, Gannon's Entry under the applicable provisions of the Municipal
Code as identified herein, has reviewed and considered the recommendation of the
Community Development Director, and has taken and considered public commem ar a
public hearing; and.
WHEREAS, the City Council finds that a twenty four (24)-month extension of
vested fights proposal meets or exceeds all applicable land use standards and that the
approval of the extension of vested fights proposal, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WltEREAS, 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 TIlE CITY COUNCIL OF
ASPEN, COLORADO, THAT:
Section 1:
The Aspen City Council does hereby approve a twenty four (24) month extension
of vested rights, until February 26, 2004, for Lots L, M, and N, Block 97, Aspen
Townsite, Lot 1, Tipple Woods Subdivision and Lot 2, Gannon's Entry for the
Tippler Townhomes Development with the following conditions:
1. That the establishment herein of a vested property right shall not preclude the
applications or regulations which are general in nature and are applicable to all
property subject to land use regulation by the City of Aspen including, but not
limited to, building, fire, plumbing, electrical and mechanical codes. The
developer shall abide by any and all such building, fire, plumbing, electrical and
mechanical codes that are in affect at the time of building permit, unless an
exemption there from is granted in writing.
2. That this newly established expiration date of vested rights of February 26, 2005
shall be granted provided the applicant complies with Section 26.575.150:
Outdoor Lighting - Pursuant to Ordinance 99-47 made to the Aspen Land Use
Code on 11/23/99 subsequent to the Tippler Townhomes development's original
development order on May 26, 1998 pursuant to Ordinance No. 6. Series of 1998
3. The applicant shall secure the building that housed the Italian Caviar Restaurant
to the satisfaction of the City of Aspen Police Chief as soon as possible after the
February 24, 2003 City Council hearing on the extension.
Section 2:
All material representations and commitments made by the applicant pursuant to
the developmem proposal approvals as herein awarded, whether in public hearing
or documentation presented before the City Council, are hereby incorporated m
such plan development approvals and the same shall be complied with as if fully
set forth herein, unless amended by an authorized entity.
Section 3:
This Resolution shall not effect any existing litigation and shall not operate as an
abatemem 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.
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 24th day of
February, 2003, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
FINALLY, adOpted, Passed, and approved this 24th day of February, 2003.
Approved as to form: Approved as to cOntent:
~--Joh~r-ce~/~er, ~]t~ Attorney elen 'Ka~in~Ka~a~d~rud, Mayo
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Attest:
l~athrYn S, K~/h, City Clerk