HomeMy WebLinkAboutresolution.council.097-04RESOLUTION NO. 97
(SERIES OF 2004)
A RESOLUTION OF THE ASPEN CITY COUNCIL ALLOWING FOR THE RELEASE
OF THE MINIMUM LEASE DEED RESTRICTION ON THE DUPLEX PROPERTY
LOCATED AT 601 AND 603 WEST NORTH STREET, UNITS 1 AND 2, OF THE
KANDAHAR CONDOMINIUMS, CITY AND TOWNSITE OF ASPEN, P[TKIN
COUNTY, COLORADO.
Parcel ID//2735-124-93-001
Parcel ID//2735-124-93-002
WHEREAS, the Community Development Department received an application from
John Hoffman, Steve Wright, Jim Greenwood, Sam FOx, and Marilyn Fox requesting the
removal of a minimum lease deed restriction on the duplex located at 601 and 603 West North
Street; and,
WHEREAS, pursuant to Land Use Code Section 26.480.090(B)(4), Minimum lease deed
restrictions, City Council remove a minimum lease deed restriction after considering a
recommendation from the Community Development Director; and,
WHEREAS, the Community Development Department, the Aspen/Pitkin County
Housing Authority, and the City Attorney have reviewed the application for removal of the
minimum lease deed restriction and recommended that City Council remove the minimum lease
deed restriction; and,
WHEREAS, during a public meeting on October 12, 2004, the City Council approved,
by a five to zero (5-0) vote, the removal of the minimum lease deed restriction from 601 and 603
West North Street; and,
WHEREAS, the Aspen City Council has reviewed and considered the request pursuant to
the applicable provisions of the Municipal Code as identified herein, has reviewed and considered
the recommendation of the Community Development Director, the applicable referral agencies; and,
WHEREAS, the Aspen City Council finds that the request meets or exceeds all applicable
development standards and that the approval of the request, with conditions, is consistent with the
goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the Aspen 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 OF ASPEN CITY
COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
request to remove the minimum lease deed restriction from the duplex located at 601 and 603 W.
North Street, Units 1 and 2 of the Kandahar Condominiums, City and Townsite of Aspen is hereby
approved subject to the following condition:
The Applicant shall record an amendment to the "Declaration of Covenants,
Restrictions and Conditions for the Kandahar Condominiums" that removes
Subsections 2 and 3 from the declaration that were originally written into the
declaration as a result of the minimum lease deed restriction provisions that
existed in the City of Aspen Land Use Code.
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 of the ordinances repealed or amended as
herein provided, and the same shall be conducted 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 the remaining
portions thereof.
APPROVED by the Aspen City Council at its regular meeting on October 12, 2004.
APPROVED AS TO FORM:
ATTEST:
KathrYn iK°c ,,~i~y Clerk