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HomeMy WebLinkAboutordinance.council.084-79RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE AMENDING SECTION 24-10.7(a) OF THE ASPEN MUNICIPAL CODE PROVIDING THAT THE ASPEN CITY COUNCIL MAY GRANT AN EXTENSION OF TIME IN WHICH TO SECURE A BUILDING PERMIT TO APPLICANTS WHO HAVE BEEN AWARDED ALLOTMENTS UNDER THE GROWTH MANAGEMENT PLAN WHEREAS, the Aspen City Council desires to amend Section 24- 10.7(a) of the Aspen Municipal Code providing that the Council may grant an extension of time in which to secure a building permit to applicants who have been awarded allotments under the Growth Man- agement Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-10.7(a) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (a) Ail applicants who have been awarded allotments, other than an allotment for dwelling units which are not deed restricted under the provisions of Section 24-10.4 (b)(3), i.e. free market dwelling units, shall have secured a building permit for construction within a period ending on the second anniversary of the deadline for submission of the application for which the allot- ment was granted. All applicants who have been awarded allotments for dwelling units which are not deed restricted under the provisions of Section 24-10.4 (b)(3), i.e. free market dwelling units, shall have secured a building permit for construction within a period ending on the fourth anniversary of the deadline for submission of the application for which the allot- ment was made. Failure to do so shall cause the allot- ment to automatically expire. If an applicant shall have been awarded allotments for both dwelling units which are not so deed restricted and for deed restricted dwelling units in a mixed free market and employee hous- ing project, the failure to obtain a building permit within a two year time period on the deed restricted portion of the project will cause all of the allotments, both the deed restricted and non-deed restricted, to automatically expire. The City Council may grant an extension on a showing of good cause which action shall be within the sole discretion of the City Council. Any expired allotments shall be added to available allot- ments and may be awarded pursuant to the procedures established in this article. Section 2 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- RECORD OF PROCEEDINGS 100 Leaves tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision such holding shall not affect the validity of tions thereof. Section 3 A public hearing on the ordinance shall be held on day of ~_.~~ , 1~, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado, 15 days prior to which hearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, ~AD MD ORDERED published as provided by law by the City Council of the City of Aspen on the /~day of Mayor ATTEST: and the remaining por- the ~ City Clerk' FINALLY adopted, passed and approved ATTEST: He ~m~an Edel Mayor of ~{athryn S .~och City Cler~ RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) SS COUNTY OP PITKIN ) CERTIFICATE I, Kathryn S. Koch, 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~, 197~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of ~_, 197~, and was finally adopte, and approved at a regular ~eeting of the city Council on ~~/~ ZF , 19~, and ordered published as Ordinance No.~ ~ , provided by law. IN WITNESS WHEREOF, Series of 197~, of said City, as I have hereunto set my hand and the seal of said City of Aspen, Colorado, this day of ~, 19~__. SEAL Kathyrn S./ob., city Clerk Deputy city Clerk