HomeMy WebLinkAboutordinance.council.077-89
ORDINANCE NO. 77
(SERIES OF 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPI'ION FOR THE CONDOMINIUMIZATION OF PITKIN ROW
WHEREAS, pursuant to section 7-1007 of the Aspen Land Use
Code, a Condominiumization is a Subdivision Exemption by the
city Council; and
WHEREAS,
Catherine McMahon, Garfield and Hecht, P.C.
representing 57, Inc. and Aspen Consolidated Venture Corp., has
submitted an application for the Condominiumization of pitkin Row
located at 704-720 East Hopkins Avenue; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments; and
WHEREAS, the Housing Authority, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office,
having reviewed the
application pursuant to section 7-1007, and reviewing the
referral comments from Engineering and Housing, recommends
approval with the following conditions:
1. The applicant shall file a plat to be reviewed and
approved by the Engineering Department and the plat shall
include but not be limited to:
a) a 6x8 foot transformer easement at the northwest
corner of the property and 4x4 foot pedestal easements
along the north property line of each of the three
lots;
b) all parking spaces;
2. A certified engineer shall determine that historic
runoff is maintained.
3. Prior to the signature of the final plat, a Subdivision
Exemption Agreement for Pitkin Row shall be filed with the
City Attorney. Attached to the Agreement shall be a
covenant with the City of Aspen (that cannot be altered,
deleted, or amended without the express written consent of
the City of Aspen) stating that the condominium units shall
be deed restricted to six month minimum leases, with no more
than 2 shorter tenancies per year.
4. Prior to signature of the final plat, an affordable
housing impact fee shall be paid in the amount of $48,300.00
to the Housing Authority for a receipt to the Finance
Director.
WHEREAS, the Aspen City Council having considered the
Planning Office's recommendations for Condominiumization does
wish to grant the requested Subdivision Exemption for the Pitkin
Row Condominiums.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
section 1:
That is does hereby grant a Subdivision Exemption for
condominiumization, with the previously mentioned conditions
recommended by the Planning Office, to Pitkin Row Condominiums at
704-720 East Hopkins Avenue, Lots 10-16 Block 28.
section 2:
That the City Clerk be and hereby is directed, upon the
2
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin County Clerk and Recorder.
section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconsti tutional by any court of competent jurisdiction, such
provision and such holding 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 ordinance 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 g~
day Of~, 19~at 5:00 P.M. in the City Council Chambers,
Aspen~ty Hafi, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
/JhC- day of
by the City Council of the City of Aspen on the
Ifh ~~V
, 1989.
---~~A
William L. stirling, Mayor
A~. ST: J //
~~~tJ vi ;L/)~
KathryLYn. Koch, City Clerk
3
passed and approved this
~.
F day of
FINALLY, adopted,
~atL~t , 19:.
;l~ (}
ATTEST:
cc.pitkin.row.ord
dL~
city Clerk
~./~
william L. stirling, Mayor
4