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HomeMy WebLinkAboutordinance.council.003-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1975) AN ORDINANCE DECLARING THE ELBERT TACKER PROPERTY IN THE EAST ASPEN ADDITION CONFORMING WITH RESPECT TO THE STRUCTURAL IM- PROVEMENTS THEREON AFFECTED BY THE CORRECTION OF THE PROPERTY DESCRIPTION APPROVED BY THE CITY COUNCIL OF THE CITY OF ASPEN ON DECEMBER 23,1974 WHEREAS, by its approval of the issuance of a correction deed by the City of Aspen at its December 23, 1974 meeting, the City Council may have redefined boundaries of the Elbert Tacker property in such a manner as to locate part of the residence constructed thereon within the set back areas imposed by the City Zoning Regulations, and WHEREAS, this structural nonconformity may impose hard- ships upon the owner which the City Council does not consider equitable inasmuch as the original survey error is attributable in part to the actions of its employees and agents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the existing structure, a one story wood frame structure (with basement) situate on the following described tract being in the County of Pitkin and State of Colorado, to wit: A tract of land being part of the East Aspen Addition Townsite, more particularly described as follows: Beginning at a point being 353.76 ft. S.08°41'20" E. from Cor. 26 East Aspen Townsite, a 1954 Bureau of Land Management Brass Cap, and 416.60 ft. No 17°54'30'' W. from the South ¼ Cor. of Sec. 7, T10S, R84W of the 6th P.M. (1954 Brass Cap) on the Westerly line of property described in Book 199 at Page 359 of the records for Pitkin County, Colorado; thence N.53°14' W. 152.59 ft.; RECORD OF PROCEEDINGS 100 Leaves thence S.55°37' W. 105.42 ft. to the East Boundary of Herron Park; thence along the Easterly boundary of Herron Park on the following three courses: S.62°20'E. 101.07 ft.; thence S.13°37'30" W. 128.28 ft.; thence S. 44°27' E. 24.23 ft. to the Northwesterly right of way line of Neal Avenue; thence N.40°14'45" E. 205.82 ft. along the Northwesterly right of way line of Neal Avenue to the point of beginning, containing 20,185 square feet, more or less, be and hereby is declared to be, as presently constructed, a conforming structure, and to be so viewed with respect to the application of the zoning code requirements of the City of Aspen, Chapter 24 of the Municipal Code. The location of the structure as presently situate is more particularly described in that improvements and property survey done for Elbert Tacker by Survey Engineers, Incorporated, dated November 13, 1974, December 2, 1974, and December 19, 1974, a copy of which is attached hereto and incorporated herein by this reference. Section 2 It is the purpose of the above declaration of conformity to avoid the consequences of the structure being considered a nonconforming structure for purposes of the Zoning Code, which nonconformity results from the exchange of mayor's and warranty deeds between the City of Aspen and Elbert Tacker, approved by the city Council at its December 23, 1974 meeting, and which exchange was made necessary by a survey error in part attribut- able to the acts of the City employees and agents. Section 3 Nothing herein shall be construed to (1) rectify any nonconformity in the structure not attributable to the re- defining of the property boundaries resulting from the exchange of deeds hereinabove described, (2) ratify any nonconforming -2- RECORD OF PROCEEDINGS 100 Leaves use of the structure or premises, (3) apply to any future modification to the structure or use of the premises, all of which must comply to existing and future zoning regulations of the City, (4) exempt the application to the structure of any building, fire, or mechanical code or any other regulations of the City of Aspen, and (5) or to permit any construction which will increase the nonconformity herein legitimized. Section 4 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 5 A public hearing on this ordinance shall be held on the .~ day of~~ , 1975, at 5 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held ATTEST: Kathryn H~uter, City Clerk 1975. FINALLY ADOPTED AND APPROVED ATTEST: Kathryn ~auter, City Clerk 1975.