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HomeMy WebLinkAboutordinance.council.066-82 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 66 (Series of 1982) AN ORDNANCE R~.~ZONING CERTAIN REAL PROPERT~ ALSO KNOWN AS 9~8 SOUTH MILL STREET TO L-2/ WHEREAS, Valdemar Mark, owner of the real property described in Exhibit "A", attached hereto and incorporated herein, did file a private application for a rezoning on August 15, 1982, pursuant to Section 24-12.5(b) of the Municipal Code of the City of Aspen, Colorado; and WHEREAS, the subject property described in Exhibit "A" is currently bisected by a zone district boundary line between the L-2 and R-15/PUD/L zone districts; and WHEREAS, the City of Aspen has a significant municipal inter- est in seeing that its Zoning District Map is rational and con- sistent and does not contain zone district boundaries bisecting parcels historically in common ownership and uniform in use; and WHEREAS, in the private rezoning application submitted by Valdemar Mark, Mr. Mark did request a rezoning of the subject pro- perty to L-2; and WHEREAS, Valdemar Mark, as an inducement to the City to accept his rezoning request, did amend his rezoning application to include a voluntary deed restriction limiting the use of the sub- ject property described in Exhibit "A" to a single-family or duplex structure; and WHEREAS, at a public hearing held on November 2, 1982, the Aspen Planning and Zoning Commission did review the requested rezoning and then did recommend to the Aspen City Council the rezoning of the subject property described in Exhibit "A" to L-2/ with the requested deed restriction on the property limit- ing the use of the parcel to a single-family or duplex structure and did further recommend that the following issues be reviewed RECORD OF PROCEEDINGS 100 Leaves during the mandatory PUD process if Council rezones the property L-2/ : FAR, setbacks/building envelope, height, slope and sur- rounding land uses; and WHEREAS, the City Council has duly considered the recommenda- tion of the Planning and Zoning Commission and determined that rezoning to L-2 be granted subject to certain below-described con- ditions, which conditions the Applicant, Valdemar Mark, has stipu- lated to be voluntary, reasonable and relating directly to the subject property and valid public policy goals. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-2.2 of the Municipal Code entitled "Zoning District Map" is hereby amended by rezoning the Valdemar Mark par- cel, more specifically described in Exhibit "A", attached hereto and incorporated herein, as L-2, conditioned upon a deed restric- tion to be filed by him as owner, or his successors and assigns, restricting the use of said parcel to either a single-family or duplex structure and restricting the allowed floor area of such structure to a maximium 4,800 square feet and subject to those zoning regulations applicable to the L-2 zone district as de- scribed in Chapter 24 of the Aspen Municipal Code (as now exists or may hereafter be amended). Section 2 That the City Engineer be and hereby is directed to amend the Zoning District Map consistent with the requirement of the Aspen Municipal Code and as described in Section 1 above. Section 3 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 portion shall be deemed a separate, distinct and independent 2 RECORD OF PROCEEDINGS 100 Leaves provision and such holding shall not affect the validity of the remaining portions thereof. Section 4 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, 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 MD ORDERED published as provided by law by the City Council of the City of Aspen on the J~ day of ~_~/z , 1982. : He~man Edel, Mayor ~TTEST: Kat~yn ~ ~c~ City Clerk FINALLY adopted, passed and approved this ~Z- day of ~ , 1982. Herman Ede~ ATTEST:-~  City Clerk Kat~~: 3 RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ss CERTIFICATE COUNTY OF PITKIN ) I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City~o~uncil of the City of Aspen on 7~/~, 19~ , and published in the Aspen Times a weekly newspaper of general circulation published in the City of Aspen, Colorado, in its issue of ~~ ~ , 19~ , and was finally adopted and approved at a regular meeting of the City Council on __~ ~, 19 ~, and 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 of Aspen, Colorado this ~ day ~- ~ Kathryn ~ Koch, City Clerk S E A [~ Deputy City Clerk