Loading...
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 10/SD1 -2- 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. 10/SD1 -3- 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 10/SD1