HomeMy WebLinkAboutresolution.council.006-05RESOLUTION NO. 6
(Series of 2005)
A RESOLUTION OF THE ASPEN CITY COUNCIL, AFFIRMING THE COMMUNITY
DEVELOPMENT DIRECTOR'S APPROVAL OF A LAND USE CODE
INTERPRETATION ISSUED DECEMBER 9, 2004, RELATING TO LAND USE CODE
SECTION 26.710.180(C)(5), CONDITIONAL USE FOR COMMERCIAL PARKING LOT.
WHEREAS, pursuant to Land Use Code Section 26.306, Interpretations of this Title, the
700 E. Hyman Condominium Association (known herein as the "Appellant") submitted a request
for a land use code interpretation on November 29, 2004, requesting an interpretation of Land
Use Code Section 26.710.180(C)(5), Conditional use for a commercial parking lot, to determine
whether the leasing or selling of any and all off-street parking spaces in the Office (O) zone
district to the general public requires conditional use approval; and,
WHEREAS, the Community Development Director approved a land use code
interpretation on December 9, 2004, in response to the request for interpretation, interpreting that
Land Use Code Section 26.710.180(C)(5) requires the leasing or selling of off-street parking
spaces in excess of the required off-street parking for a site in the Office (O) zone district to
obtain conditional use approval; and,
WHEREAS, pursuant to Land Use Code Section 26.306(F), Interpretations of this Title,
and Land Use Code Section 26.316, Appeals, the Appellant submitted a letter requesting an
appeal of the December 9th 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, City Council opened and continued the
meeting until February 28, 2005; and,
WHEREAS, at a public meeting on February 28, 2005, pursuant to the procedures set
forth in Land Use Code Section 26.314, Appeals, City Council considered the appeal request
made by the .700 E. Hyman Condominium Association and by a vote of three to one (3-1),
affirmed the Community Development Director's approval of the code interpretation issued
December 9, 2004; and,
WHEREAS, 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 issuance and approval of the land use code interpretation
issued December 9, 2004, interpreting that Land Use Code Section 26.710.180(C)(5) requires the
Resolution No. 6, Series of 2005
Page 2
leasing or selling of off-street parking spaces in excess of the required off-street parking for a site
in the Office (O) zone district to obtain conditional use approval.
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 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 the remaining
portions thereof.
FINALLY, ADOPTED, PASSED, AND APPROVED on February 28, 2005, at a public meeting
before City Council.
APPROVED AS TO FORM:
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ATTEST:
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