HomeMy WebLinkAboutminutes.council.19920115Special Meeting Aspen City Council January 15, 1992
Mayor Bennett called the meeting to order at 5:05 p.m. with
Councilmembers Reno, Peters, Pendleton, and Richards present.
ORDINANCE #5, SERIES OF 1992 - Code Amendment Temporary Uses
Mayor Bennett announced that although this is an emergency
ordinance and does not require a public hearing he will accept
comments from the public.
Gideon Kaufman brought up Section 7-1209 "No vesting of temporary
uses", the last sentence, "The failure of an applicant to adhere to
any condition of approval for a temporary use, or to any provision
of the Municipal Code, shall result in the immediate forfeiture of
the temporary use approval and such use shall immediately cease and
may be abated as provided for in the Municipal Code". Kaufman
requested "shall" be changed to "may" or add a notice provision
rather than have it automatically happen.
Jed Caswall, city attorney, said a temporary use is essentially a
variance for a use that may be wholly inconsistent with the land
use provisions. Caswall said his intent was this should be onerous
to notify the permittee to be very cautious. Caswall said the city
generally instigate enforcement of the Municipal Code. If someone
makes a technical violation, it would be up to the city to enforce.
The city can use their discretion in this. Caswall recommended
striking "or to any provision of the Municipal Code". Council
agreed with that recommendation.
Councilman Peters moved to adopt Ordinance #5, Series of 1992,
striking "any provision of the Municipal Code"; seconded by
Councilman Reno. Roll call vote; Councilmembers Richards, yes;
Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion
carried.
Councilman Peters moved to adjourn at 5:20 p.m.; seconded by
Councilman Reno. All in favor, motion carried.
Kathryn S. Koch, City Clerk
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