HomeMy WebLinkAboutordinance.council.055-94
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO FOR
THE APPROVAL OF GROWTH MANAGEMENT EXEMPTION FOR A DEED RESTRICTED
DWELLING UNIT TO BE LOCATED AT 706 WEST MAIN STREET WITHIN THE
KRABACHER OFFICE BUILDING (LOT Q AND 20' OF LOT R, BLOCK 18,
TOWNSITE OF ASPEN, COLORADO)
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ORDINANCE -5:::,
Series 1994
WHEREAS, Section 8-104 C.1. (c) of Chapter 24 of the Aspen
Municipal Code allows for growth management exemption by the city
council for deed restricted affordable housing units upon
recommendation by the Planning and zoning commission; and
WHEREAS, B. Joseph Krabacher and Susan S. Krabacher submitted
to the Planning Office an application for the expansion of a
commercial building which also. included the development of a three
bedroom Category 2 deed restricted housing unit to mitigate the
employee housing demand created by the commercial expansion; and
WHEREAS, the application was reviewed by the Housing Office,
Engineering Department, and the Zoning Officer and referral
comments were submitted; and
WHEREAS, the Planning and Zoning commission approved the
commercial expansion as an exemption from growth management
pursuant to Section 8-104 B.l.(C) and voted 7-0 to recommend to
City council approval of the Category 2 deed restricted housing
unit with conditions at a public meeting on August 2, ~994; and
WHEREAS, the city Council has reviewed the proposal and in
consideration of the recommendations from the Housing Office and
the Planning and zoning commission, found the proposed unit to be
qualified for growth management exemption, and
WHEREAS, the city council finds that the project meets or
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exceeds all applicable development standards and that the approval
of the project with conditions is consistent with the goals and
elements of the Aspen Area community Plan.
NOW THEREFORE BE IT ORDAINED by the city council of the city
of Aspen, Colorado that it hereby approves growth management
exemption for the three bedroom 1,174 square foot category 2 deed
restricted unit to be located in the basement of the Krabacher
Office Building.
section 1. Pursuant to section 24-8-104 c. of the Municipal Code,
the city council finds compliance in regard to the Developer I s
request for Growth Management Quota System development exemption
for one Category 2 deed restricted dwelling unit"
section 2:
The following conditions shall apply to the growth
management exemption:
1. Prior to the issuance of any building permits, the applicant
shall record the Category 2 deed restriction for the three
bedroom apartment. The restriction shall be approved by the
Housing Office prior to recordation. copies of the recorded
document shall be forwarded to the Planning Office.
2. Prior to the issuance of any building permi'ts, the applicant
shall place a restriction on the property, to the satisfaction
of the city Attorney, requiring that if in the future
additional floor area is requested, the owner shall provide
affordable housing mitigation at the then current standards.
section 3: All material representations and commitments made by
the developer pursuant to the approvals as herein awarded, whether
in public hearing or documentation presented before the Planning
and zoning commission and or city council, are hereby incorporated
in such development approvals and the same shall be complied with
as
if fully set forth herein, unless amended by other specific
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conditions.
section 4: This Ordinance shall not affect 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 5: 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 6: That the City Clerk is directed, upon the adoption of
this ordinance, to record a copy of this ordinance in the office
of the Pitkin County Clerk and Recorder.
section 7: A public hearing on the Ordinance shall be held on the
~ day of ~994 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.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
by the City council
~~ 1994.
of the city of Aspen on the o::2b day of
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John Bennett, Mayor
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Kathryn S. Koch, city Clerk
FINALLY, adopted, passed
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and approved this ~~ day of
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John'Bennett, Mayor
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