HomeMy WebLinkAboutresolution.council.094-04RESOLUTION NO. 94
(Series of 2004)
A RESOLUTION OF THE ASPEN CiTY COUNCIL, AFFIRMING THE COMMUNITY
DEVELOPMENT DIRECTOR'S APPROVAL OF A LAND USE CODE
INTERPRETATION DATED APRIL 23, 2003, RELATINGTO LAND USE CODE
SECTION 26.590.070(A), TIMESHARE FISCAL IMPA CT ANAL YSI$.
WHEREAS, pursuant to Land Use Code Section 26.306, Interpretations of this Title, the
City of Aspen Finance Department requested a land use code interpretation in February of 2003
related to how the administration of [he timeshare fiscal impact analysis was to be administered
related to Land Use Code Section 26.590.070(A), Timeshare Fiscal Impact Analysis; and,
WHEREAS, the Community Development Director approved a land use code
interpretation on April 23, 2003 in response to the City Finance Department's request for
interpretation; and,
WHEREAS, pursuant to Land Use Code Section 26.306, Interpretations of this Title,
Haas Land Planning, LLC. requested a land use code interpretation on July 26, 2004, related to
how the administration of the timeshare fiscal impact analysis was to be administered related to
Land Use Code Section 26.590.070(A), Timeshare Fiscal Impact Analysis; and,
WHEREAS, the Community Development Director reissued the land use code
interpretation that was originally approved on April 23, 2003; and,
WHEREAS, pursuant to Land Use Code Section 26.306(F), Interpretations of this Title,
and Land Use Code Section 26.316, Appeals, Haas Land Planning, LLC. submitted a letter
requesting appeal of the reissued April 23, 2003 code interpretation; and,
WHEREAS, at a public meeting that was noticed by mailing to the appellant and by
publication in a newspaper of general circulation, pursuant to the procedures set forth in Land
Use Code Section 26.314, Appeals, City Council considered the appeal request made by Haas
Land Planning, LLC. and by a vote of three to two (3-2), affirmed the Community Development
Director's approval of the reissued code interpretation dated April 23, 2003; and,
WltEREAS, the City Council finds that this Resolution furthers and is necessary for the
promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CiTY COUNCIL OF ASPEN,
COLORADO, THAT:
Section 1:
In accordance with Land Use Code Section 26.314, Appeals, City Council hereby affirms the
Community Development Director's re-issuance and approval of the land use code interpretation
dated April 23, 2003, relating to the administration of Land Use Code Section 26.590.070(A),
Timeshare Fiscal Impact Analysis.
Resolution No. 94, Series of 2004
Page 2
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue o£ the ordinances repealed or amended as
herein provided, and thc same shall be construed and concluded under such prior ordinances.
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of thc remaining
portions thereof.
FINALLY, ADOPTED, PASSED, AND APPROVED on September 27, 2004, at a public meeting
before City Council.
APPROVED AS TO FORM:
ATTEST:
Kathryn S. K~, {~ity ~lerk -~---