HomeMy WebLinkAboutordinance.council.043-94
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ORDINANCE NO.~
(SERIES OF 1994)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, AMENDING
CHAPTER 24 OF THE MUNICIPAL CODE, LAND USE REGULATIONS, BY AMENDING
SECTION 24-3-101 TO ALLOW ARCHITECTURAL PROJECTIONS TO EXTEND
EIGHTEEN INCHES INTO REQUIRED YARDS AND TO AMEND THE DEFINITION OF
ARCHITECTURAL PROJECTIONS
WHEREAS, section 24-7-1103 of the Municipal Code provides that
amendments to Chapter 24 of the Code, to wit, "Land Use
Regulations", shall be reviewed and recommended for approval by the
Planning Director and then by the Planning and Zoning commission
at public hearing, and then approved, approved with conditions, or
disapproved by the City Council at pUblic hearing; and
WHEREAS, the Planning Director did receive an application
requesting a text amendment and has reviewed and recommended for
approval the amendment to Chapter 24 associated with architectural
projections into required yards; and
WHEREAS, the Planning and Zoning commission reviewed the
proposal and did conduct a public hearing thereon on August 2,
1994; and
WHEREAS, upon review and consideration of the text amendment,
agency and pUblic comment thereon, and those applicable standards
as contained in Chapter 24 of the Municipal Code, to wit, Division
11 of Article 7 (Text Amendments), the Planning and Zoning
commission has recommended approval of the text amendment
recommended by the Planning Director pursuant to procedure as
authorized by Section 24-6-205 (A) (5) of the Municipal Code; and
WHEREAS, the Aspen City Council has reviewed and considered
the text amendments under the applicable provisions of the
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Municipal Code as identified herein, has reviewed and considered
those recommendations and approvals as granted by the Planning and
Zoning Commission, and has taken and considered public comment at
public hearing; and
WHEREAS, the City Council finds that the text amendments meet
or exceed all applicable development standards and are consistent
with the goals and elements of the Aspen Area Community Plan; and
WHEREAS, the city Council finds that this Ordinance furthers
and is necessary for pUblic health, safety, and welfare; and
WHEREAS, the City Council finds that the proposed text
amendments will allow and promote compatibility of zone districts
and land uses with existing land uses and neighborhood
characteristics and will be consistent with the purposes and intent
of Chapter 24 of the Municipal Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN COLORADO:
Section 1: Pursuant to Section 24-7-1102 of the Municipal Code,
the City Council finds as follows in regard to the text amendment:
1. The proposed text amendment as set forth in the Plan is not
in conflict with the provisions of Chapter 24 of the Municipal
Code or the Aspen Area Community Plan.
2. The proposed text amendment is compatible with the surrounding
zone districts and land uses.
3. The proposed text amendment will promote the public interest
and character of the City of Aspen.
Section 2: Section 3-101 of Chapter 24 of the Municipal Code of
the city of Aspen, COlorado, is hereby amended, which new text
shall read as follows:
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Section 24-3-101 defined as:
Architectural projections mean a non-functional or
ornamental feature on a building that does not extend to
the ground.
section 24-3-101 defined as:
A. Projections into required yards.
1.
2.
Building eaves - Eighteen (18)
Architectural Projections
inches;
(18)
inches;
Eighteen
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: A public hearing on the Ordinance shall be held on the
J2dayof ~p1~, 1994 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.
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INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City Council of the city of Aspen on the ;;; d-.. day of
a "-'frMo//? 1994.
(}Av (~~)t-/
John Bennett, Mayor
"Attest:./ "-& ,
~h' city Clerk
FINALLY,
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adopted, passed and approved this /'71-
day of
1994.
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John ennett, Mayor
Kathryn
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