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HomeMy WebLinkAboutordinance.council.025-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~' (Series of 1975) AN ORDINANCE EXTENDING THE EXEMPTION FOR THE 620 HYMAN BUILDING FROM THE NEW ZONING CODE, ORDINANCE 11, SERIES OF 1975, ALL AS ORIGINALLY PROVIDED BY ORDINANCE 50, SERIES OF 1974; PROVIDED THAT THE APPLICANT SHALL SUBMIT SUBSTITUTE BUILDING PLANS ON OR BEFORE JUNE 15, 1975; SHALL OTHERWISE COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL, ON ISSUANCE OF A BUILDING PER- MIT, PROCEED WITH CONSTRUCTION OF THE EXEMPTED PROJECT WITH REASONABLE DILIGENCE WHEREAS, pursuant to the provisions of ordinance 50, Series of 1974, the 620 Hyman construction project received exemption from the recommended recodification of the City of Aspen zoning code and district map, contained in ordinance 11, Series of 1975, and WHEREAS, the developer of the project has proposed a substitute building presenting an exterior design acceptable to the city Council and preferable to that of the exempted project, and WHEREAS, the City Council has determined that the public welfare would be enhanced if the newly proposed structure was built in lieu of the earlier exempted project, and Wq{EREAS, the common Law of the State of colorado pro- vides that an amendment to a zoning ordinance applies to all land- owners unless they have procured a valid building permit and acted in reliance on the same, in which event they shall be allowed to proceed with their original application even though in conflict with the change, Michael Saur v. The county commissioners of Larimer County, (colo. Sup. Ct. August 13, 1974), county of Denver v. Denver Buick, 141 Colo. 121, 347 P2d 919, cline v. city of Boulder, 168 RECORD OF PROCEEDINGS 100 Leaves Colo. 112, 450 P2d 335, Crawford v. ~cLaughlin, 172 Colo. 366, 473 P2d 725, and ~EREAS, the City Council wishes to extend the exemption of Ordinance 50, Series of 1974, for a period of approximately ninety (90) days to allow resubmission of plans and issuance of a permit, and thus to grant immunity from any zoning code changes that may be adopted in the interim, ~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the 620 Hyman Building construction project shall be permitted to proceed, under the conditions hereinafter enumerated, the provisions of Ordinance 45, Series of 1974, Ordinance 50, Series of 1974, and Ordinance 11, 1975, to the contrary notwithstanding. Section 2 That as conditions for such grant: (a) The permit application for the substitute structure must be submitted, in its entirety, and permit fees paid, on or before June 15, 1975. The permit applic- ation shall substantially conform to the working drawings submitted by the developer to the Aspen City Council at its continued meeting held March 13, 1975. (b) The Building Inspector shall issue the permit hereinabove provided for on July 15, 1975, unless the plan check is completed and approved, and a permit re- quested by the applicant prior to July 15, 1975. -2- RECORD OF PROCEEDINGS 100 Leaves Section 3 (c) The application shall fully comply with the zoning code and district map provisions in existence prior to the pending Planning and Zoning Commission recommendation (unless a variance has been granted by the Board of Adjustment); with the requirements of the Planning and Zoning Commission imposed under Ordinance 19, Series of 1973; with the Uniform Building Code, Uniform Electric Code, Uniform Housing Code, Uniform Plumbing Code and Uniform Mechanical Code, as adopted and approved, or may be adopted or approved by the City of Aspen. (d) There shall be made no extensions or exceptions of this Ordinance for the benefit of the above, and it shall be of no consequence that financing or other obstructions to the progress of the development, beyond the control of the City of Aspen, have occurred subsequent to this grant. (e) The permit issued pursuant to the provisions of this Ordinance shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred twenty (120) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred twenty (120) days. if such permit shall expire for failure to so proceed, no new permit shall issue except in conformance with any then pending or fully adopted zoning code provisions. If any provision of this Ordinance of the application -3- RECORD OF PROCEEDINGS 100 Leaves thereof to any person or circumstance is held invalid, such in- validity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid pro- visions or applications and to this end the provisions or applic- ations of this ordinance are declared to be severable. Section 4 A public hearing on this ordinance shall be held on the ~ day of ~/.%~_~a. , 1975, at 5 P.~. 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, ,/ ing held ~. , 1975. ATTEST: 'Kathryn ~auter, City Clerk at its regular meet- --/ -- ac Stac~tan~ley III, M y~ 1975. ATTEST: City Clerk Stacy Stnadley III, Mayor -4- STATE OF COLORADO ) COUNTY OF PITKIN ) CERTIFICATE I,.Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council of the City of Aspen on Y~z~ /~ , 197~--, and publish- / ed in the Aspen Times a weekly newspaper of general circul- atioa, published in the City of Aspen, Colorado, in its issue of ~ /-~ , 197 ~-] and was finally adopted / and approved at a regular meeting of the City Council on. ~ o~f~ , 197~--, and ordered published as Ordinance No. ~5-- , Series of 197.~--, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~ , 197 5--. -y Kathryn S. ~auter, City Cle'rk