HomeMy WebLinkAboutresolution.council.076-96
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RESOLUTION NO. 76
(Series of 1996)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING THE WITHDRAWAL OF THE ASPEN/DA Y
FAMILY PARTNERSHIP'S REQUEST FOR A LAND USE CODE
INTERPRETATION OF TITLE 20, RESIDENT MULTI-FAMILY HOUSING
REPLACEMENT PROGRAM
WHEREAS, the Aspen/Day Family Partnership, LLP, the Applicant, submitted a
Land Use Application for the redevelopment of their property at 1035 East Durant
Avenue to the Community Development Department; and
WHEREAS, staff reviewed the applicant's proposal to deed-restrict twelve of the
existing thirty-six resident multi-family bedrooms in order to demolish twenty-four o{the
resident multi-family bedrooms and construct four, new free-market townhomes; and'
WHEREAS, staff determined that the applicant's development proposal did not
comply with the Section 20.08.030 Housing replacement requirements of the Aspen
Municipal Code; and
WHEREAS, the applicant appealed the Community Development Director's
finding to City Council pursuant to Chapter 26.112 Interpretations of Title; and
WHEREAS, City Council indicated their support of the Community
Development Director's Interpretation of Title in a public discussion of the issues at a
regularly scheduled Council meeting on I I November 1996; and
WHEREAS, City Council also indicated that staff did not adequately inform the
applicant of this interpretation during informal and pre-application reviews of this
project; and
WHEREAS, it was determined that staff and the applicant shall work together to
bring forward a compromise development proposal which may be acceptable to all parties
while serving the public interest; and
WHEREAS, the applicant agrees to withdraw their appeal to City Council
of the Community Development Director's Interpretation of Title (Exhibit A) and to
submit a revised Land Use Application as negotiated with staff; and
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of
Aspen, Colorado, that:
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I. The applicant has acted in good faith based upon representations made by staff
during informal and pre-application project reviews; and
2. The applicant agrees to withdraw their appeal before City Council of the
Community Development Director's Interpretation of Title; and
3. The amended Land Use Application shall include two additional deed-
restricted resident multi-family bedrooms for a total of fourteen replacement
bedrooms in order to meet the negotiated requirements of Title 20, Resident
Multi-family Housing Replacement Program of the Aspen Municipal Code; and
4. The development review shall be a consolidated two-step PUD process and
shall allow minor variations in open space and off-street parking standards; and
5. The Community Developrnent Director's Interpretation of Title (Exhibit B)
shall be effective as of 3 September 1996, the date of its issuance, and shall not
affect the further evaluation of this project; and
6. Staff has identified several other alterations and clarifications with respect to
the Resident Multi-family Housing Replacement Program which shall be brought
forward to the Planning and Zoning Commission and City Council for review
approval.
Resolved and adopted this 16th day of December, 1996, by the City Council of the
City of Aspen, Colorado.
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John S. Bennett, Mayor
I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is
true and accurate copy of that resolution adopted by the City Council of the City of
Aspen, Colorado, at a meeting held December 16, 1996.
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Kathryn S. Koch, City Clerk