HomeMy WebLinkAboutordinance.council.039-94
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ORDINANCE 39
(SERIES OF 1994)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A NINETY DAY
EXTENSION OF THE 1990 COMMERCIAL GMQS ALLOTMENT GRANTED BY
RESOLUTION 90-58 AND RESOLUTION 90-61, FOR THE 409 EAST HOPKINS
COMMERCIAL DEVELOPMENT, 409 EAST HOPKINS AVENUE, ASPEN COLORADO.
WHEREAS, pursuant to section 24-8-108 of the Aspen Municipal
Code, City Council may grant an extension of GMQS allocations up
to six months; and
WHEREAS, on December 17, 1990 and January 24, 1991, city
Council approved a GMQS allocation for the development of the 409
East Hopkins commerical development at 409 East Hopkins Avenue; and
WHEREAS, development allotments expire on the day after the
third anniversary of the date the GMQS allocations, or other
development approvals, have been awarded; and
WHEREAS, the city Council granted a six month extension for
the project allocations to expire on July 24, 1994; and
WHEREAS, the applicant, Kandycom Inc., has requested another
extension of ninety (90) days of the GMQS allocation in order to
complete the building permit review process which will result in
the issuance of a building permit to commence construction of the
approved development; and
WHEREAS, the Planning Office, having reviewed the application
recommends approval of a ninety (90) day extension of the GMQS
allotments approved in Resolution 90-58 and 90-61; and
WHEREAS, the Aspen city Council having considered the Planning
Office's recommendation for the GMQS extension does wish to grant
the requested extension for ninety (90) days beyond the initial
extension granted in Ordinance 59, Series of 1993 for the 409 East
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Hopkins project.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-8-108 of the Municipal Code, City Council
does hereby grant the applicant a ninety (90) day extension of the
1990 office GMQS allocation approved by Resolution 90-58 and
Resolution 90-61 and extended by Ordinance 59, Series of 1993 for
409 East Hopkins Avenue beginning July 24, 1994 and ending October
22, 1994.
Section 2:
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 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:
A public hearing on the Ordinance shall be held on the 12th
day of September, 1994 at 5:00 P.M. 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 one in a
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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
$-&r::=. day of
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, 1994.
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John ennett, Mayor
FINALLY, adopted,
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passed and approved this
/:J.---. day of
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Joh Bennett, Mayor
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Clerk
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