HomeMy WebLinkAboutordinance.council.005-91 ORDINANCE N0.5
(SEI~TES OF 1991)
AN ORD]]~ANCE OF TH~. CIT~ OF ASPEN VESTING Tn= DEVELOPM]~Vf I~IGHTS
FOR a'H~ BRADEN STR/~AMMARGIN REVI~w
WHK"f~AS, on March 5, 1991, the Aspen Planning and Zoning
Commission unanimously approved a building envelope for the
Braden single family residence at 973 Queen Street (Lot 7 of the
1982 Property Agreement Plat); and
WH~W~2~S, Planning and Zoning Commission Resolution #91-6
documents the conditions of approval; and
WH~W~?2%S, a request for Vested Rights for the Braden Stream
Margin Review was included in the application submitted to the
Planning Office by project representative Sunny Vann; and
WH~"~2~S, pursuant to section 6-207 of the Aspen Land Use
Code revision date May 25, 1988, the City Council may grant
Vesting of Development Rights for a period of three years.
NOW, THK~EFORE, BE IT ORDAlq~]3 BY T~US CITY COUNCIL OF T~
CITY OF ASPEN, COLORADO:
Section 1:
That it does hereby grant Vested Rights for the Bradsn
Stream Margin Review. The rights granted by the site specific
development plan shall remain vested for a period of three (3)
years from the effective date hereof. However, any failure to
abide by any of the terms and conditions attendant to this
approval shall result in the forfeiture of said vested property
rights. Failure to properly record all plats and agreements
required to be recorded by the Land Use Code shall also result in
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the forfeiture of said vested property rights.
Section 2:
The approval granted hereby shall be subject to all rights
of referendu~ and Judicial review; except that the period of time
permitted by law for the exercise of euch righte ehall not begin
to run until the date of publication provided for in Sec. 6-207
(D).
Section 3:
Zoning that is not part of the site specific development
plan approved hereby shall not result in the creation of a vested
property right.
Section 4:
Nothing in this approval shall exempt the site specific
development plan from subsequent reviews and approvals required
by this approval of the general rules, regulations and ordinances
of the City of Aspen provided that such reviews and approvals are
not inconsistent with this approval.
Section 5:
The establishment of a vested property right shall not
preclude the application of ordinances 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. In this regard, as a condition of this site development
approval, the applicant shall abide by any and all such building,
fire, plumbing, electrical and mechanical codes, unless an
exemption therefrom is granted in ~iting.
Se~ion 6:
That the City Clerk is directed, upon the adoption of this
ordinance, to record a copy of this ordinance in the office of
the Pltkin County Clerk and Recorder.
Section 7:
A p~lic hearing on ~e Ordinance shall be held on the ~
day of~.~//~ 1991 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
a hearing of public notice of the s~e shall be published in a
newspaper of general circulation within the City of Aspen.
~TKODUC~, READ ~ O~Ei~ED P~B~U.K,, as provided by law,
by the City Council of the City of Aspen on the J~-- day of
ST -
/~ ~.NA~L. Y, adopted, passed and approved this ~=~ day of
William L. St~ r
AT~ST~:~ //
Kathryn~.' Koch, City Cl~k
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