HomeMy WebLinkAboutordinance.council.038-89 ORDINANCE NO. '~ ~
(Series of 1989) ~ ~
AN ORDINANCE AMENDING ORDINANCE NO. 68 (SERIES OF 1982) WITH
RESPECT TO A CLERICAL ERROR MIS-IDENTIFYING THE LOTS AND BLOCKS
OF THE MOLLY GIBSON LODGE
WHEREAS, on September 13, 1982, city Council adopted
Ordinance No. 38 (Series of 1982) establishing an L-3 zone
district for the purposes of preserving existing lodges which had
been zoned to a non-conforming status by an action of City
Council during the 1970's; and
WHEREAS, on November 22, 1982, the City Council adopted
Ordinance No. 68 (Series of 1982) to rezone twenty-five (25)
lodges to L-3, Lodge Preservation, and identified these lodges in
Exhibit "A" as annexed thereto and incorporated therein; and
WHEREAS, on or about May 25, 1989, the record owners of Lots
R and S, Block 59, Aspen Original Townsite, determined that the
City had mistakenly and inappropriately identified Lot R, Block
59, as being part of the Molly Gibson Lodge in the 1982 rezoning;
and
WHEREAS, a subsequent review of the records by the Planning
Director and the City Attorney's Office determined that the City
inadvertently and mistakenly identified Lot R, Block 59, as being
part of the Molly Gibson Lodge and so reflected this clerical
error on the official zoning map maintained by the City Engineer-
ing Department. Further, the aforementioned investigation deter-
mined that in its 1982 rezoning the City inadvertently and mis-
takenly omitted the inclusion of Lot O, Block 59, Original Aspen
Townsite, as being a portion of the Molly Gibson Lodge. This lot
should have been zoned L-3 pursuant to the action taken through
Ordinance No. 68 (Series of 1982); and
WHEREAS, the city Council, having been advised of the
inadvertent mistakes made in 1982 directed the City Attorney's
office to rectify this mistake in the appropriate manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Section 24-2.2 of the Municipal Code entitled "Zoning
District Map" is hereby amended to correct an inadvertent cleri-
cal error misidentifying the Molly Gibson Lodge as being located
on Lots P, Q and R, Block 59, Aspen Original Townsite. The
Planning Director is hereby authorized to properly reflect that
the Molly Gibson Lodge is properly located on Lots O, P and Q,
Block 59, Aspen Original Townsite, and to correct the inadvertent
mistake previously reflected on the official zoning district map.
Section 2
The City Engineer is hereby directed to amend the zoning
district map consistent with the requirements of the Aspen
Municipal Code as described in Section 1 above.
Section 3
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
2
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portions thereof.
Section 4
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 5
A public hearing on the ordinance shall be held on the /~~/A~
day of ~~ , 1989, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the ~~ day of
.......... i ~am L. Stirling, Mayor
~Ka~hryn 'S//Koch, City Clerk
~ ~-~",~INALLY adopted, passed and approved this ay of
'~'K&t~Fy~*~ 'Koch, City Clerk