HomeMy WebLinkAboutordinance.council.069-92
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ORDINANCE NO. 69
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION AND VESTED RIGHTS FOR 620 EAST
HYMAN AVENUE, LOTS P & Q, BLOCK 99, CITY OF ASPEN.
WHEREAS, pursuant to section 24-7-1007 of the Aspen Municipal
Code, a Condominiumization is a Subdivision Exemption by the City
Councili and
WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal
Code, vested rights status is granted by the city Council through
the Ordinance adoption processesi and
WHEREAS, the applicant, Frank Woods, has submitted an
application for the Condominiumization of an existing commercial
building with one residential dwelling unit located at 620 East
Hymani and
WHEREAS, the Engineering Department having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office having reviewed the application
pursuant to section 24-7-1007 and the referral comments from
Engineering recommends approval of the condominiumization with
conditionsi and
WHEREAS, on July 1, 1992, the State Legislature enacted the
Colorado Common Interest Ownership Act ("CCIOA") which arguably
conflicts with certain provisions of the Aspen Municipal Code
governing the subdivisionjcondominiumization approval process as
adopted by city, and under which the instant condominiumization is
being processed for approvali and
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WHEREAS, the City Council has taken under advisement possible
amendments to the Aspen Municipal Code so as to eliminate any
conflicts or potential conflicts between the CCIOA and local
condominiumization ordinancesi and
WHEREAS,
in the
the
municipal
event
amendments
to
condominiumization ordinances are subsequently enacted after
adoption of this ordinance approving the condominiumization as
sought herein, and said amendments reduce or eliminate conditions
of condominiumization approval as currently required under existing
ordinances and as imposed upon the applicant herein, it is city
council's desire that the applicant herein receive the benefit of
those amendmentsi and
WHEREAS, the City Council may not and has not committed itself
or the City to the actual adoption of any amendment to the
Municipal Code as described in the foregoing recital; and
WHEREAS, the applicant has been fully apprised as to his
rights and obligations under current ordinances governing
condominiumization approvali and
WHEREAS, the applicant has determined to proceed with his
approval application at this time at his own risk knowing that
amendments to existing condominiumization ordinances mayor may not
subsequently be adopted, and that such amendments if adopted may
not provide him any relief from the conditions of approval as
imposed in this ordinancei and
WHEREAS, the Aspen city Council having considered the Planning
Office's
recommendations
for Condominiumization
and
the
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representations of the applicant does wish to grant the requested
Subdivision Exemption for 620 East Hyman.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
That Subdivision Exemption for 620 East Hyman Avenue is hereby
granted subject to the following conditions:
1. The applicant shall file a plat to be reviewed and approved by
the Engineering Department and the plat shall include but not
limited to:
a) The following signature certificates:
o Owner's - besides the standard language it must include a
statement to the effect that the owner acknowledges the
encroachments, at the south property line, into the public
right-of-way, and that if the structure is removed for any
reason, any new structure will be built inside the property
line.
o Title
o Survevor's - besides the standard language it must include
a statement to the effect of....accuracy to .001 of an acre
and that the survey was done in according to CRS 1973 Title
38, Article 51.
o Planninq Director's
o citv Enqineer's - besides the standard language it must
hereby acknowledge the encroachments shown hereon with the
conditions set forth in the owner's certificate.
o council Approval
o Clerk and Recorder
o Mortqaqee - recommended but not required
b) A statement that the applicant agrees to join any improvement
district formed for the purposes of constructing improvements in
the public right-of-way.
c) A legal description of the property.
d) A statement to the effect that...title policy number ___ was
used in preparation of this survey plat.
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e) A correct depiction of South Hunter Street.
2. The applicant shall file a subdivision exemption agreement with
the final plat.
3. Existing tenants shall be notified of impending sale of
residential unit.
4. Prior to filing the final plat, the applicant shall deed
restrict the residential unit to a six month minimum lease, with
no more than 2 shorter tenancies per year.
5. Prior to filing the final plat, the applicant shall pay an
affordable housing impact fee of $8,050 (payable to the Pitkin
County Planning Department for receipt to the Housing Authority)
for the 4 bedroom unit or deed restrict the unit to resident
occupancy guidelines to be filed with the Housing Authority.
6. The Building Department shall inspect the building prior to
filing the final plat.
section 2:
That is does hereby grant Vested Rights for this subdivision
exemption for a period of three (3) years from the effective date
hereof in accordance with and subject to the terms and provision
of section 24-6-207 of the Municipal Code, and the City Clerk shall
cause notice of same to published not later than 14 days after
final approval hereof pursuant to section 24-6-607(B).
section 3
In the event amendments to the current Municipal Code are
hereinafter enacted under which the conditions of approval of (1)
a deed restriction and (2) payment of an affordable housing fee as
specified in section 1 above are no longer required, as currently
mandated under the Municipal Code, then it is the intent of the
City Council that the applicant herein be afforded the benefit(s)
of such amendment(s) and that the affordable fee imposed by this
approval ordinance be refunded (without interest) and that the
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requirement for a deed restriction be vacated.
section 4:
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 5:
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 6:
A public hearing on
day ~t
the Ordinance shall be held on the .:! 3
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 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 ~~ day of
,~
, 1992.
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, passed and approved this
14M-
day of
nJ 7,. {~~
~~nnett, Mayor
city Clerk
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