HomeMy WebLinkAboutresolution.council.083-04A RESOLUTION OF THE ASPEN CITY COUNCIL UPHOLDING THE APPEAL
OF THE COMMUNITY DEVELOPMENT DIRECTORS DECISION
REQUIRING THE OWNER BE SUBJECT T° THE CODE IN EFFECT AT THE
TIME OF BUILDING PE~IT FOR THE ~ROPERTY LOCATED AT 943 EAST
HYMAN AVENUE (AKA 303 SOUTH CLEVELAND), CITY AND TOWNSITE
OF ASPEN
RESOLUTION NO. 83, sERIES OF 2004
WHEREAS, the applicant, 303 Associates LLC, requested the property at 943 East
Hyman Avenue be subject to an earlier code, particularly Ordinance 46 of 2001, due to
erroneous information on the on-line code, and
WHEREAS, the Community Development Director made a determination the property
should be subject to the code in effect at the time of building permit submittal, including
Ordinance 46 of 2001; and
WHEREAS, City Council found there was abuse of discretion and denial of due process
on the Community Development Directors part, and the Community Development
Director did not exceed her jurisdiction; and
WHEREAS, the Aspen City Council denies that the proper procedures were followed
and wishes to overturn the decisi on of the Community Development Director.
NOW, THEREFORE, BE IT RESOLVED:
City Council overturns the decision of the Community Development Director requiring
943 East Hyman, legally described as Lots H & I, Biock 35, East Aspen Addition, be
subject to the code in effect at the time of building permit submittal, particularly
Ordinance 46 of 2001, finding that there was abuse of discretion and denial of due
process on the Community Development Director's part, and the Community
Development Director exceeded her jurisdiction.
APPROVED by the City Council at its regular meeting on this 23th day of August, 2004.
Kathryn Ko~, (~ity'Clerk