HomeMy WebLinkAboutordinance.council.039-82 RECORD OF PROCEEDINGS 100 Leaves
(Series of 1982)
AN ORDINANCE REZONING FROM R~lF TO RMF/RESIDENTIAL BONUS OVERLAY
(RBO) THE DUPLEX LOCATED ON LOTS H AND I, BLOCK 61, FOR THE PROVI-
SION OF TWO EMPLOYEE HOUSING UNITS IN THE MODERATE INCOME RENTAL
CATEGORY
WHEREAS, the Green Family Trust, the owner of real property
more specifically described in Exhibit "A" attached hereto and
incorporated by reference, has applied to rezone said property
from RMF to RMF/RBO, and
WHEREAS, the purpose of the Residential Bonus Overlay Dis-
trict (RBO) as outlined in Section 24-10.1 of the Municipal Code
"is to provide for present and future housing needs of the commun-
ity by authorizing the development of bona fide low, moderate and
middle income housing free from speculative investment influence
and for primary residential use by local residents", and
WHEREAS, the intent is further stated to allow an increased
residential density to promote such housing, and
.WHEREAS, the structure meets the requirement of being a
"pure" residential project, and
WHEREAS, the change in occupancy level from an R-3 occupancy
(duplex) to an R-1 occupancy (multi-family) will require addi-
tional safety modifications in the structure, and
WHEREAS, the duplex located on Lots H and I, Block 61, is
completed and the rezoning to RBO will not increase its bulk, and
WHEREAS, the City Housing Office has recommended that the
employee units be rented in the moderate income category, and
WHEREAS, the units will remain as rental units and will not
be sold, and
WHEREAS, with changes in the floor area ratios, the structure
is now non-conforming and this RBO will have the effect of making
it a conforming structure, and
RECORD OF PROCEEDINGS 100 Leaves
WHEREAS, the owner, the Green Family Trust, is willing to
amend the condominiumization documents to commit to the provision
for additional parking spaces if required, and
WHEREAS, a railroad tie cribbing and step structure is
located on the Garmisch Street right-of-way and requires an
encroachment license.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That a Residential Bonus Overlay be applied to the duplex at
105 West Hyman (Lots H and I, Block 61) for the purpose of provid-
ing two one-bedroom employee units to be rented in the moderate
income level with the following conditions:
1. The applicant modify the condominiumization documents to
indicate a commitment to provide two additional parking spaces if
a new owner of half the duplex requests them.
2. The applicant obtain an encroachment license for the
existing encroachment into the Garmisch Street right-of-way.
3. The applicant execute the Statement of Subdivision Excep-
tion and the Declaration of Covenants Restrictions and Conditions
through the City Attorney's Office.
4. The applicant meets the requirements for occupancy of the
units to R-1 occupancy standards.
Section 2
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
2
RECORD OF PROCEEDINGS 100 Leaves
Section 3
A public hearing on the ordinance shall be held on the /~
day of.~ , 1982, at 5:00 P.M. in the City Council !
Chambers, Aspen City Hall, 130 South Galena Street, Aspen,
Colorado, 15 days prior to which hearing notice of the same shall
be published once 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, Colorado, at its regular
meeting held ~ ~ , 1982.
ATTEST:
~City Clerk
FINALLY adopted, passed and approved this Z~/ day of
1982.
Herman Ede~ Mayo~.x
ATTEST~ ~
K~thryn S./Koch, City Clerk
3
RECORD OF PROCEEDINGS 100 Leaves
S!i'ATE OF COLORADO ) CERTIFICATE
) ss
COUNTY OF PITKIN )
I, Kathryn S. Koch, City C].erk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read in {ull, and passed on ~
reading at a regular mee~J, ng of the City~ouncil of the
City cf Aspen on ~ _.~_, 19 ~, and published
in the Aspen Times a weekly newspaper of general circul-
ation, publisb~d in the City of Aspen, Colorado, in its
end approved at a regular meeting of the City Council on
~3L_, ordered published as
Ordinance No. ___, Series of 19_.__ of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto set my hand and
the seal of said City ef .Aspen, Colorac]o, this /~
-~ ~n S/<och, City Clerk
SEAL
Clerk