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Home My WebLink Aboutordinance.council.043-92 .., ., t. . 1_,. 697 F'G 965 j*351953 12/:l7/92 09,23 Rer; $30.00 , ,,:. Silvia Davis, Pitkin Cnty Clerk, Doc $.00 ORDINANCE NO. 43 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE ASPEN SAVINGS AND LOAN BUILDING, LOTS D,E,F,G,H, & I, BLOCK 78, TOWNSITE OF ASPEN, COLORADO WHEREAS, pursuant to section 24-7-1007 of the Municipal Code, condominiumization of an existing structure may be granted a subdivision exemption by the City council; and WHEREAS, pursuant to section 24-6-207 of the Municipal Code, the City Council may grant vested rights status for a period of three years upon adoption of a site specific development plan; and WHEREAS, International special ty Group, Inc. submi tted . an application to the planning Office for Conditional Use for business and professional offices in the NC Neighborhood Commercial zone, Insubstantial SPA (Specially Planned Area) Amendment for the addition of an elevator/foyer, and Subdivision Exemption for condominiumization for the Aspen Savings and Loan Building located at 225 N. Mill Street; and WHEREAS, the Applicant also requested vested rights approval by ordinance for the approvals granted by the Planning Commission and city council; and WHEREAS, the Engineering Department has reviewed the application and made referral comments; and WHEREAS, the Planning Commission reviewed and approved the Conditional Use with conditions at a public hearing on June' 2, 1992; and WHEREAS, the Planning office, having reviewed the application 1 -... ~""'" \\. ~ ~1II ~ I, ". \1z, '&- ~~ (\ ~. f........ \1 ((;? {\. .~~'" -. - 1<.j", 19::j~., LU 17 /9;;:~ 09, Z_'j Rec ~;30. 00 BK 697 PG 966 Silvia Davis, Pitkin Cnty Clerk, Dor; $.00 pursuant to section 24-7-1007 and 24-6-207 and the referral comments from the Engineering Department, recommends approval of the condominiumization and vested rights for a period of three years with conditions; and WHEREAS, the Aspen city council having considered the Planning Office's recommendations for condominiumization and vested rights does wish to grant the requested Subdivision Exemption for condominiumization and vested rights for Subdivision Exemption, conditional Use, and GMQS Exemption for the Aspen savings and Loan Building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That is does hereby grant a Subdivision Exemption for condominiumization of the Aspen savings and Loan Building located at 225 N. Mill Street. section 2: The conditions of approval for the Subdivision Exemption are: 1) Prior to the issuance of any building permits on the parcel, the existing metal rail fence in the alley needs to receive an encroachment license or be removed. 2) Prior to issuing a building permit for any expansion of this building or before doing any site reconstruction, a site drainage plan prepared by a registered engineer in the State of Colorado must be submitted to and approved by the City Engineering Department. 2 I'" ~". I ~\.l,_ pi ". Jli ~ -~< I,',' (I,.... . Ii ~ +".~ --- <1'.j:.o19~5:j 12/17/92 09,2:3 Rec ~;30. 00 BK 697 PG 967 Silvia Davis~ Pitkin Cnty Clerk~ Dac $uOO 3) Prior to or concurrent with the issuance of any building permits on the site, the driveway radii at the street need .to be reconstructed to be a minimum of 10' to facilitate safer ingress/egress into the site. Any work in the public right- of-way requires an excavation permit. 4) The Condominium Plat submitted for recordation with the Pitkin County Clerk shall all Engineering Department meet requirements. 5) A Subdivision Exemption Agreement shall be submitted and filed concurrently with the Condominium Plat. 6) All material representations made by the applicant in the application and during public meetings with the City Council and the Planning and Zoning commission shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. section 3: Pursuant to section 24-6-207 of the Municipal Code, City Council does hereby grant the Applicant vested rights for the Aspen Savings and Loan Building approvals as follows: 1. The rights granted by the site specific development plan approved by this Ordinance shall remain vested for three (3) years from the date of final adoption specified below. However, any failure to abide by the terms and conditions attendant to this approval shall result in forfeiture of said vested property rights. Failure to timely and properly record all plats and agreements as specified herein and or in the 3 .. '~", I \\ '''' ~.,"l"", J' " %~ !~. iii"..". ~ ~ \~ ." 1'1,..,:.01953 12/17/92 09:2:, F,ec ,~:,O"OO BI< 697 F'G 968 S~lvia Davis, Pitkin Cnty Clerk, Doc $.00 Municipal Code shall also result in the forfeiture of said vested rights. 2 . The approval granted hereby shall be subject to all rights of referendum and judicial review. 3. Nothing in the approvals provided in this Ordinance shall exempt the site specific development plan from subsequent reviews and or approvals required by this Ordinance or the general rules, regulations or ordinances or the City provided that such reviews or approvals are not inconsistent with the approvals granted and vested herein. 4. The establishment herein of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the city of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. In this regard, as,a condition of this site development approval, the developer shall abide by any and all such building, fire, plumbing, electrical and mechanical , codes, unless an exemption therefrom is granted in writing. section 4: The city Clerk shall cause notice of this Ordinance to be published in a newspaper of general circulations within the city of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be given in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a 4 Ii'.,', 1)\ ~ Ii! ~ "'~ " \ii ~,\' (ji ~\, ~IJ, '0 -<" 1*35195:3 12/1"i'/92 09:23 Rec $30.00 Bf< 697 PG 969 Silvia Davis, Pitkin Cnty Clerk, Doc $.00 vested property right pursuant to Title 24, Article 68, Colorado Revised statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. section 5: That the City Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pitkin County Clerk and Recorder. section 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. section 7: This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. section 8: A public hearing on the Ordinance shall be held on the/~ day of 9'7 1992 at 5:00 P.M. in the city Council chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a 5 II"" . I' ~.. 1\ "- II,','" ~" t.y<. . *~35195:3 1;21 1-n 92 09, 23 Rec: $30. 00 BK 69-7 PG ~f{l Silvia Davis, Pitkin Cnty Clerk, Doc $.00 newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City council of the City of Aspen on the :Z.tl- day of r- , 1992. < ' "',.J:~ ,... I'(C; ..:...;' ......~ ATTEST: ... ~ LZ-~- John ennett, Mayor ~, city Clerk FINALLY, adopted, t~' 1992. S4L..- passed and approved this 1.3 day of .II S b '-, (, ...:,t,'.:~'\". '. :: ()iv t?;~- John B~nnett, Mayor Kathryn !l"~ ~()ch, CYIi'~ \~ ," 6