HomeMy WebLinkAboutresolution.council.046-89 RESOLUTION NO. ~
(Series of 1989)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN PERTAINING TO
PERMITTED CONSTRUCTION ACTIVITY ON THE ASPEN MOUNTAIN
PUD/SUBDIVISION
WHEREAS, the Honorable Thomas W. Ossola, District Judge, by
Memorandum Opinion and Order issued October 27, 1989, in Fred
Smith, et al. v. Hadid Aspen Holdings, Inc., et al., 88 CV 321,
held Resolution 29, Series of 1988, City of Aspen, "null and void
and of no effect"; and the Court remanded the matter to the City
of Aspen "to take such action as is appropriate and consistent
with this order."; and
WHEREAS, the Uniform Building Code, 1979 Edition, provides
in Section 303(e) "Suspension or Revocation" that:
"The building official may, in writing, suspend or
revoke a permit issued under the provisions of this
code whenever the permit is issued in error or on the
basis of incorrect information supplied, or in vio-
lation of any ordinance or regulation or of any of the
provisions of this code." (Emphasis added.)
Further, in Section 202(d), the UBC provides:
"(d) Stop Orders. Whenever any work is being done
contrary to the provisions of this Code, the building
official may order the work stopped by notice in
writing served on any persons engaged in the doing or
causing such work to be done, and any such persons
shall forthwith stop such work until authorized by the
building official to proceed with the work."; and
WHEREAS, pursuant to §24-11.4 and 24-8.5(d) of the City of
Aspen's Land Use Code in effect prior to May, 1988, and §6-206 of
the current Code, no development is authorized, nor shall permits
issue, unless pursuant to a fully-approved development plan; and
WHEREAS, counsel for Hadid Aspen Holdings, Inc. and Savanah
Limited have requested a stay of the remand, a hearing on which
is scheduled for December 21, 1989; and
WHEREAS, representatives of Hadid Aspen Holdings and Savanah
Limited, at the City Council meeting held November 13, 1989,
asked the City Council not to issue a stop work order pending
action on the request for a stay, acknowledging, simultaneously,
that the Hadid Defendants clearly, as of the date of the
decision, were "on notice"; and
WHEREAS, the City Council, pursuant to the remand, wishes to
establish of record its directives with respect to construction
and development within the Aspen Mountain PUD/Subdivision pending
further action of the Court.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN:
1. Pursuant to the Court directive and the powers accruing
to the City Council by reason of the remand dated October 27,
1989, in Fred Smith, et al. v. Hadid Aspen Holdinqs, Inc., et
al., 88 CV 321, the Chief Building Inspector of the City of Aspen
is directed to issue no more permits or other authorizations to
excavate for, construct, reconstruct, demolish, move, repair,
alter or change the use of any structure or improvement within
the Aspen Mountain PUD/Subdivision until further order of the
City Council or District Court of Pitkin County, Colorado.
Nothing herein shall be construed to prevent routine inspections.
2. Pursuant to the same authority, the Planning Director
of the Pitkin County Planning office is directed to neither
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accept, process, nor approve any development plans for the Aspen
Mountain PUD/Subdivision until further order of the City Council
or the District Court.
3. The City Council reserves the right to, at any time,
direct that a stop work order issue with respect to development
within the Aspen Mountain PUD/Subdivision and nothing herein
shall be construed as a waiver of that right or acknowledgment
that the same will not be exercised in the future.
4. Hadid Aspen Holdings, Inc. and Savanah Limited Partner-
ship shall be notified of the adoption of this resolution by
certified mail as described in the Certificate of Mailing at-
tached hereto. On mailing of copies of this resolution, Hadid
Aspen Holdings, Savanah Limited, and all other parties with an
interest in the development, are put on notice that they proceed
with construction entirely at their own risk, and waive any and
all claims and defenses against the City of Aspen, and Plaintiffs
in the litigation, by reason thereof. If, within five (5) days
of mailing, the City Council does not receive an acknowledgment
of these conditions, acceptable in form to the City Attorney and
counsel for the Plaintiffs, the City Council reserves the right
to reconsider its action at the earliest opportunity.
5. The City Council fully intends to initiate and process,
in ordinance form, consideration of development approval for the
Aspen Mountain PUD/Subdivision, and nothing herein shall be
construed as a limitation on the right of the City Council to
initiate and pursue consideration of the same, all as provided in
its Home Rule Charter and land use regulations, and pursuant to
Court order.
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Adopted by the Aspen City Council at its regular meeting
held November 27, 1989.
'William L. Stirli~ ' CJ'
I, Kathryn S. Koch, duly appointed and acting City Clerk, do
certify that the foregoing is a true and accurate copy of that
resolution adopted by the City Council of the City of Aspen, at a
meeting held /~,~4~,~ ~ , 1989.
Kath'ryn S~ Koch, City Clerk
CERTIFICATE OF MAILING
I hereby certify that on this ~c/~day of ~~/~/~~' '
1989, I have served true and correct copies of the foregoing
Resolution No. ~ , Series of 1989, by placing copies thereof
in the United States mail, certified mail, postage prepaid, and
addressed as follows:
Savanah Limited Partnership
1300 17th Street, Suite 1100
Roslyn, VA 22209
Robert W. Hughes, Esq.
Oates, Hughes & Knezevich, P.C.
533 East Hopkins, Third Floor
Aspen, CO 81611
Perry A. Harvey
Hadid Aspen Holdings, Inc.
600 East Cooper, Suite 200
Aspen, CO 81611
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