HomeMy WebLinkAboutresolution.council.048-91 RESO ION NO. YF
(Series of 1991)
A RESOLUTION OF THE CITY COLrNCIL OF THE CITY OF ASPEN, COLORADO,
A~PROVING AN EXTENSION OF TIME WITHIN W/~ICH TO RECORD A NEW
PLA/TNED UNIT DEVELOPMENT PLAT PERTAINING TO THE CLA3~ENDON CONDO-
MINIUMS, LOT 1, CLARENDON SUBDIVISION, WEST END STREET, ASPEN,
COLORADO.
Wq{EP~EJ~S, on July 22, 1991, the City Council approved an
amendment to the planned unit development approval for the
Clarendon Condominiums Project pursuant to Ordinance No. 28
(Series of 1991); and
W~EREAS, Section 7-906 of Chapter 24 of the Municipal Code
for the City of Aspen provides that the failure of a development
applicant to prepare and record its final planned unit develop-
ment agreement and plat within one hundred eighty (180) days
following approval by City Council shall render the approval(s)
invalid; and
W~EREAS, the City Council has not previously granted a 180-
day extension in the recordation deadline for the Clarendon
Condominium PUD plat agreement; and
WHEREAS, the City Council has considered a request for an
extension in the one hundred eighty day (180) recordation dead-
line for the new PUD plat; and
WHEREAS, the City Council has found good cause to grant an
extension of the recordation deadline for the PUD plat on behalf
of the Clarendon Condominium Association.
NOW, THEREFORE, BE IT P~ESOLVED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
The Clarendon Condominiu~ Association be and is hereby
granted an extension of the 180-day PUD plat recordation require-
ment as contained in Section 7-906 of Chapter 24 of the Municipal
Code of the City of Aspen to and until a date no later than ten
(10) days after the issuance of a certificate of occupancy or
letter of completion by the Aspen/Pitkin County Building Depart-
ment for the expansions of the condominium units as approved in
Ordinance No. 28 (Series of 1991). The amended and restated PUD
agreement for the project shall, however, be filed within the
current 180-day time period for recordation, to wit, on or before
January 16, 1992.
RESOLVED, kPPROVED AND ADOPTED this ~ day of
~~_~ . , 1991, by the City for the City of
Council
Aspen, Colorado.
John S. Bennett, Mayor
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,
Colorado, at a meeting held ~ ~ , 1991.
~h, C~k
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2
'eet
M~MORANDUM
DATE: December 2, 1991
TO: Mayor and City Council
FROM: Jed Caswall, City Attorney ~
RE: 180-day PUD Plat Recordation Deadline E~tension for
Clarendon Condominiums.
This matter is on your consent agenda for an extension of the
180-day recordation deadline for the Clarendon Condominiu~ PUD
plat.
On June 22, 1991, City Council granted a PUD amendment to the
Clarendon Condominiuns allowing for an expansion of the existing
units. Pursuant to Section 24-7-906 of the Municipal Code, the
PUD new agreement and plat for the condominiums are to be
recorded within 180-days (on or before January 16, 1992) from the
date of the final approval. While the condominiu~ association is
prepared to record the PUD agreement, it wishes to delay the
filing of the new PUD plat until after the actual construction of
the approved expansion. This proposal makes sense in that the
remodeling and expansions of the various existing units may
proceed at different times and a final condominium/PUD plat will
not be able to be prepared until after the completion of all of
the work. In that there is no established deadline in the
Municipal Code for the filing of a final condominiun plat, it
would not be inconsistent to allow a delay in the recordation of
the condominium/PUD plat until the proposed development work is
done. Therefore, it is suggested that Council approve an
extension in the recordation deadline for the plat until issuance
of a certificate of occupancy or letter of completion for the
improvements by the Building Department. A proposed resolution
to that effect is attached hereto.
REOUESTED ACTION: Approve the proposed resolution extending the
180-day recordation deadline for the Clarendon Condominium PUD
plat to a date no later than ten (10) days following the issuance
by the Building Department of a certificate of occupancy or
letter of completion for the improvements/expansions.
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cc: Planning Director
Leslie Lamont
Spencer F. Schiller, Clarendon Condomimium Association