HomeMy WebLinkAboutordinance.council.033-93 ORDINANCE NO. 33
(SERIES OF 1993)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GP~NTING CO~OMINIUMIZATION
FOR 7??-?8? CASTLE CREEK DRIVE, LOT 10, CASTLE CRE~K SUBDIVISION,
CITY OF ASPEN~ PITKIN COUNTY, COLOIh~DOo
WHEREAS~ the applicantS, Doug Allen and Marvtn Burton, have
submitted an application to condominiumize a newly developed
duplex; and
~HEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivision/condominiumization approval process~as
adopted by the City, and under which the instant condominiumization
is being processed for approval; and
WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinances; and
WHEREAS, in the event amendments to the municipal
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is City
Council's desire that the applicant herein receive the benefitiof
those amendments; and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
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Municipal Code as described in the foregoing recital; and
Wq{EREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approval; and
W~EREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances may or may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinance; and
W~EREAS, the Aspen City Council has reviewed and considered
the amendments under the applicable provisions of the Municipal
Code, to wit, Division 10 Section 24-7-1007, and has reviewed and
considered those recommendations by the Planning Department and has
taken public comment at public hearing; and
W~EREAS, the City Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
Seotion 1: In accordance with Section 24-7-1007 of the Municipal
Code, the City Council grants and awards condominiumization
approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek
Subdivision, subject to the conditions as specified herein:
1. Ail representations that the applicant has made regarding this
amendment shall be adhered to during any development.
2. Prior to filing the condominium plat, the applicant shall deed
restrict the condominiumized residential units to a six month
minimum lease, with no more than 2 shorter tenancies per year°
Language to that affect shall be included in the subdivision
exemption agreement.
3. Prior to the sale of either unit, a subdivision exemption
agreement and condominium plat, to be reviewed and approved by the
Engineering Department, shall be filed which meets the requirements
of Section 24-7-1004.D of the Municipal Code and the comments of
the Engineering Department review memo of June 8, 1993.
4. A final inspection of the units shall be conducted to confirm
that the accessory dwelling unit complies with APCHA guidelines.
5. The applicant shall agree to join any future improvement
districts which may be formed for the purpose of constructing
improvements in the public right-of-way.
Section 2: In the event amendments to the current Municipal Code
are hereinafter enacted under which the conditions of approval of
(2), a deed restriction specified in Section 1 above are no longer
required, as currently mandated under the Municipal Code, then it
is the intent of the City Council that the applicant herein be
afforded the benefit(s) of such amendment(s) and that the
requirement for a deed restriction be vacated.
Section 3: 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.
Section 4: 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 portion
shall be deemed a separate, distinct and independent provision and
shall not affect the validity of the remaining portions thereof.
Section 5: The City Clerk shall cause notice of this Ordinance~to
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be published in a newspaper of general circulation within the City
of Aspen no later than fourteen (14) days following final adoption
hereof. Such notice shall be substantially in the following form:
Notice is hereby given to the general public of the approval
of a site specific development plan, and the creation of a
vested property right pursuant to Title 24, Article 68,
Colorado Revised Statutes, pertaining to the following-
described property:
The property shall be described in the notice and appended to said
notice shall be the ordinance granting such approval.
Section .: A~public hearing on the Ordinance shall be held on the
~ day of~-~-~- - , 1993 at 5:00 in the City Council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the City of Aspen on the /~ay of
John~Bennett, Mayor
Kathryn al/Koch, City Clerk
adopted, passed and a~proved this ~ day of
i%LLY ~ 1993. ~ / ~~z~
John/Bennett, Mayor