HomeMy WebLinkAboutordinance.council.005-93 ORDINANCE NO. 5
(SERIES OF 1993)
AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF ASPEN GRANTING A
RESIDENTIAL GROWTH MANAGEMENT ALLOCATION FOR ONE FREE MARKET UNIT
AND GMQS EXEMPTION FOR ONE DEED RESTRICTED UNIT LOCATED AT 111!W.
HYMEN AVENUE (LOT G AND 1/2 OF LOT F, BLOCK 61, TOWNSITE OF ASPEN)
WHEREAS, pursuant to Section 24, Article 8 of the Aspen
Municipal Code, the City Council may grant allocations from the
Growth Management quotas contained therein upon scoring determined
by the Aspen Planning and Zoning Commission; and
WHEREAS, pursuant to Section 24-8-104 C.l.c~ of the Aspen
Municipal Code, the City Council may exempt deed restricted
affordable housing units from the Growth Management Quota System
(GMQS) competition; and
WHEREAS, William D. Snare, owner, submitted to the Planning
Office an application for a Growth Management allotment for one
unit and GMQS Exemption for one affordable housing unit; and
WHEREAS, the 111 W. Hyman Avenue proposal was the only
submission competing for the six available units (as established
as a minimum by Section 24-8-103.F.1o of the Aspen Municipal Code);
and
WHEREAS, the application was reviewed by the Engineering
Department, the Aspen/Pitkin County Housing Office, Environmental
Health Department, Fire Marshal, Water Department, Electrical
Department, and the Roaring Fork Energy Center and those agencies
submitted referral comments to the Planning Office; and
WHEREAS, at a regular meeting held on January 5, 1993 the
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0 Aspen Planning and Zoning Commission scored the proposal pursuant
to the standards contained in Section 24-8-106.E. and found that
the Commission's score of 33.65 points met or exceeded minimum
scoring thresholds; and
WHEREAS, the Commission also voted 6-0 to approve with
conditions the proposed deed restricted one-bedroom unit pursuant
to the review criteria for GMQS Exemption within Section 24-8-
104.C.l.c.; and
WHEREAS, the Aspen City Council having considered the proposal
and the Planning and Zoning Commission's recommendation, does wish
to allocate one free market unit from the 1992 Residential Growth
Management competition and grant GMQS Exemption for Affordable
Housing for one Category 1 deed restricted unit at 111W. Hyman
Avenue.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby allocate one residential unit from
the 1992 Residential Growth Management competition to the lll!W.
Hyman Avenue project pursuant to Section 24, Article $ of the Aspen
Municipal Code.
Section 2: That, subject to the conditions set forth in Section
3 below, it does hereby grant GMQS Exemption for Affordable Housing
for the development of one Category 1 deed restricted one ~edr°om
unit pursuant to Section 24-8-104.C.l.c. of the Aspen Municipal
Code.
Section 3.
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The conditions of approval which apply to this GMQS Exemptilon
are:
1. The owner shall submit the appropriate deed restriction to
the Aspen/Pitkin County Housing Office for approval. Upon
approval by the Housing Office, the Owner shall record the
deed restriction with the Pitkin County Clerk and Recorder's
office.
2. Prior to issuance of any building permits for the property,
copies of the recorded deed restriction for the dwelling unit
must be forwarded to the Planning Office.
3. The final design must incorporate a roof/dormer above the
entry to the deed restricted housing unit to shed snow away
from the doorway.
4. If condominiumized, the unit's annual management/maintenance
assessments shall be on a pro rata valuation basis. Language
to this effect shall be in the condominium documents and shall
be approved by the Housing Office prior to recordation.
5. All material representations made by the applicant in the
application and during public meetings with the Planning and
Zoning Commission and City Council shall be adhered to and
considered conditions of approval, unless otherwise amended
by other conditions.
Section 4:
A public hearing on the Ordinance shall be held on the ~_
day of~~ 1993 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
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a hearing of public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
Section 5:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 6:
This Ordinance shall not effect any existing litigation and
shall not operate as an abatement 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City Council of the City of Aspen on the ~~q~ day !of
/ J6hn Befinet~, Mayor
Kathryn ~ . ~ity Clerk
FINALLY, adopted, passed and approved this ~z~ day of
chh Bennett, Mayor
Kathryn S~och/'City Clerk
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