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Home My WebLink Aboutordinance.council.050-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 5~ (Series of 19~4) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THOSE ORDINANCE 19 APPROVED BUILDING PERMIT APPLICANTS WHO SHALL SUBMIT THEIR FINAL PLANS ON OR BEFORE DECEMBER 31, 1974; WHO SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF EXEMPTED PROJECTS WITH REASONABLE DILIGENCE WHEREAS, the Aspen Planning Commission, pursuant to its authority granted in Section 139-59-1, et seq., C.R.S. 1963, as amended, did present to the Aspen City Council the 1973 Aspen General Land Use Plan, incorporating its recom- mendations for amendments to Aspen's Zoning Code and its Zoning District Map, and WHEREAS, it was determined by the City Council that the objectives and purposes of the anticipated land use changes would be defeated if building permits issue for structures and uses inconsistent with the Commission recommendations prior to adoption of a new zoning code and district map, and the issuance of permits only in accordance with the anticipated changes would aid in the orderly and efficient adoption of a new code and map, and WHEREAS, to effectuate this transition the City Council, did, by Ordinance 19, Series of 1973, direct the review of all building permit applications by the Commission with the authority to allow or deny the same according to the criteria stated in said Ordinance 19, and WHEREAS, the Commission has, by its Resolution dated October 8, 1974, recommended to the City Council a zoning code and district map for the Council's consideration RECORD OF PROCEEDINGS 100 Leaves and Council has initiated its review of the same, and WHEREAS, pursuant to Ordinance 19 review several projects have received Planning and Zoning Commission approval but the applicants therefore have not submitted final plans nor received a valid building permit, and WHEREAS, Ordinance 45, Series of 1974, provides that whenever the Planning and Zoning Commission has properly initiated proceedings to amend the text of Chapter 24 or the Zoning District Map pursuant to the provisions of Chapter 24, and the Commission has, subsequent to public hearing, adopted a Resolution recommending to the City Council approval of such amendment, no building permits shall be issued by the City Building Inspector which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Commission Resolution, and WHEREAS, the Common Law of the State of Colorado provides that an amendment to a zoning ordinance applies to all landowners unless they have procured a valid build- ing 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 Count~ (Colo. Sup. Ct. August 13, 1974), County of Denver v Denver Buick, 141 Colo. 121, 347 P2d 919, Cline v City of Boulder., 168 Colo. Crawford v McLaughli~, 172 Colo. 366, 112, 450 P2d 335, 473 P2d 725, and WHEREAS, the City Council wishes to provide for those applicants who have received final approval (under Ordinance 19) from the Commission to proceed, for a limited period of time, with their applications even though said applications may be in derogation of, or in conflict with -2- RECORD OF PROCEEDINGS 100 Leaves the specific provisions of the proposed or adopted zoning code and district map, and WHEREAS, such authorization should be made with the same degree of formality as those provisions mandating different zoning criteria, namely, by ordinance fully adopted and and approved, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following construction projects shall be permitted to proceed, under the conditions hereinafter enumerated, the provisions of ordinance 45, Series of 1974, and any zoning code and district map modifications herein- after enacted, to the contrary notwithstanding: (a) The Woods Building Remodel (b) The RBH office Building (c) The 620 Hyman office Building (d) The Stevens-Ginn Building Section 2 That (a) (b) as conditions for such grant: Ail permit applications must be submitted, in their entirety, and permit fees paid, on or before December 31, 1974. The Building Inspector shall issue all permits hereinabove provided for on April 15, 1975, unless the plan check is completed and approved and a permit requested by the applicant prior to April 15. -3- RECORD OF PROCEEDINGS 100 Leaves (c) All applications 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; 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 (unless a variance shall be granted by the Board of Examiners and Appeals). (d) Ail applications shall be identical to those presented to the Planning and Zoning Commission under Ordinance 19 Review but any applicant may amend his application in limited particulars to conform with the recommended zoning prior to its adoption by the City Council (and to the fully adopted code and map after Council adoption) and still enjoy the immunity of this Ordinance. In the event an application shall completely conform to the proposed code pending adoption and later to the adopted zoning code and district map, permits shall issue as if a new application and the limitations of this Ordinance shall be deemed of no further force and effect to said application. -4- RECORD OF PROCEEDINGS 100 Leaves (e) There shall be made no extensions or exceptions of this Ordinance for the benefit of the above or any other applicant, and it shall be of no consequence that financing or other obstruc- tions to the progress of the development, beyond the control of the City of Aspen, have occurred subsequent to this grant. (f) Every 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 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 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 provision. Section 3 If thereof to any provisions of this Ordinance or the application 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 4 A public hearing on this Ordinance shall be held on 1974, at 5 p.m. in the City Council Chambers, City Hall, Aspen, Colorado. -5- RECORD OF PROCEEDINGS 100 Leaves ATTEST: ~ -Lorraine Graves City Clerk INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the ,_,~ . day oi 0~,~~c~-j , 1974. ~ / o£ ATTEST: FINALLY ADOPTED, PASSED AND APPROVED this ~_~~ , 1974. day St acy/St a~dley~_. III / Lorraine Graves City Clerk STATE OF COLO?~ADO) ) ss COUntY OF PITKIN ) I, Lorraine Graves, do hereby certify that the introduced, read by title, CERTIFICATE City Clerk of Aspen, Colorado, above and foregoing ordinance x~as and passed on first reading at a regular meeting of the City Council of the City of Aspen on ~ctober 29 ..., 197--4, and published in the Aspen Time~., a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of Octobe~ 31 ., 1974.., and was finally adopted and approved at a regular meeting of the City Council on November 11 , published as Ordinance No. 50 , said City, as provided by law. IN WITNESS WH]~REOF, I have hereunto seal of said City of Aspen, day of November 1974 , and ordered Series of 197 ~, of set my hand and the Colorado, this ]2~h , 197 4. SEAL < ~5Orraine Grave , u y Clerl~