HomeMy WebLinkAboutordinance.council.001-94
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ORDINAllCE NO. J
(SERIES OF 1994)
All ORDINANCE OF THE CITY OF ASPEN GRANTING GMQS EXEMPTION FOR
THE CONSTRUCTION OF AN AFFORDABLE HOUSING UNIT AT THE SNOW QUEEN
LODGE LOCATED AT 124 E. COOPER AVENUE (LOT Q AND EAST HALF OF LOT
P, BLOCK 69, CITY AND TOWNSITE OF ASPEN)
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, Norma Dolle and Larry Ledingham, owner/operators of
the Snow Queen Lodge ("Applicants") submitted to the Planning
Office an application for GMQS Exemption for Affordable Housing to
construct a deed restricted managers apartment on the lodge
property; and
WHEREAS, the Snow Queen Lodge property is zoned LP (Lodge
Preservation) and affordable housing for lodge employees is a
permitted use in the zone district; and
WHEREAS,
the application was reviewed by the Engineering
Department and the Aspen/Pitkin County Housing Office and those
agencies submitted referral comments to the Planning Office; and
WHEREAS, at a regular meeting held on September 21, 1993, the
Aspen Planning and Zoning Commission found that the proposed 800
square foot Category 3 deed restricted unit meets the requirements
of the LP zone district as well as the review criteria for GMQS
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Exemption, and supports the ability of a small lodge owner and the 'I
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lodge employees live and work and ."
to on the lodge property; ','
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WHEREAS, the Planning and Zoning commission voted 5-0 to f
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recommend approval to the City Council for the GMQS Exemption for
the development of a deed restricted unit at the Snow Queen Lodge
with conditions, and also approved Special Review for Floor Area
Ratio for the building expansion on the parcel; and
WHEREAS, the Aspen City Council having considered and agreed
with the Planning and Zoning Commission's recommendation, does wish
to grant GMQS Exemption for Affordable Housing for development of
a 800 square foot Category 3 deed restricted unit at the Snow Queen
Lodge; and
WHEREAS, the Applicants and the Engineering and Planning
Offices recognize the encroachment of the picket fence in the E.
Cooper Ave. right-of-way, and the Applicant agrees to remove the
fence encroachment upon reasonable request by the City of Aspen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1: That it does hereby grant GMQS Exemption for Affordable
Housing for the development of a deed restricted unit at the Snow
Queen Lodge pursuant to Section 24-8-104.C.l.c. of the Aspen
Municipal Code.
Section 2.
The conditions of approval which apply to this GMQS
Exemption are:
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The owner shall submit appropriate deed restrictions to the
Aspen/Pitkin County Housing Authority for approval, prior to
the issuance of any building permits. The unit shall be deed
restr'icted to Category 3 occupancy. Upon approval by the
Housing Authority, the Owner shall record the deed
restrictions with the Pitkin County Clerk and Recorder's
Office.
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Prior to issuance of any building permits for the property,
a copy of the recorded deed restrictions for the new dwelling
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unit must be forNarded to the Planning Office.
3.
The shed in the northwest area of the property shall be
removed and a fifth parking space shall be added off of the
alley. All parking spaces must be shown and dimensioned on
the site plan included for a building permit.
The site plan for building permit shall indicate the trash
storage area for this project.
Prior to the issuance of any building permit, the applicant
shall state in a letter to the Engineering Department that the
applicant recognizes the fact that their fence is located
within the East Cooper right-of-way. Should the right-of'-
way be desired by the City, the applicant shall remove the
fence. This letter shall be recorded with the pitkin County
Clerk and Recorder's Office. .
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6.
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 3:. A public hearing on the Ordinance shall be held on
the ~ day Of~ 1994 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 same shall be published
in a newspaper of general circulation within the City of Aspen.
Section 4: 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 5: This Ordinance shall not effect any existing litigation :
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and shall not operate as an abatement of any action or proceedlng, I I
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now pending under or by virtue of the ordinances repealed or';;"
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amended as herein provided, and the same shall be conducted and i'
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concluded under such prior ordinances.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
City of Aspen on the ~~
FIN~LY, adopted,
::::L.-br"-^~'1 ' 1994.
passed
and
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John Bennett, Mayor
day of
approved this ;; IT day
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John Bennett, Mayor
of
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