HomeMy WebLinkAboutordinance.council.017-73(Series of 1973)
AN ORDINANCE AMENDING SECTION 24-9 OF CHAPTER 24 OF THE MUNICIPAL
CODE OF THE CITY OF ASPEN~ COLORADO~ BY THE ADDITION OF SUBSECTION
(h) RESTRICTING HEIGHTS OF STRUCTURES WITHIN AREAS NECESSARY TO
PRESERVE MOUNTAIN VIEWS.
WHEREAS~ the city council has determined that to preserve
certain mountain views will promote the health and general welfare
of the residents of the City of Aspen and conserve the value of
property therein;
AND WHER]~AS, the preservation of mountain views from parks
and other public places within the city will increase the beauty
of the City of Aspen and the enjoyment of its residents, will
strengthen the city's environmental heritage, enhance its attrac-
tiveness to tourists, will maintain property values, and generally
promote the prosperity and welfare of the community;
AND WHEREAS, the city council has found that specific height
limitations shall be established in designated areas of the City
of Aspen to prevent the obstruction of mountain views;
NOW THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN~ COLORADO:
Section 1.
Section 24~9
Colorado, which section is entitled "Supplementary
is hereby amended by the addition of subsection (h)
subsection shall read as follows:
of the Municipal Code of the City of Aspen,
Regulations,"
which new
"(h) Mountain View Height Limitations Intention - To protect
from obstruction mountain views from designated parks and other
public places to increase the beauty of Aspen and the enjoyment
of its residents and visitors, to strengthen the city's environ-
mental heritage, enhance its tourist industry and maintain property
values, promote the general prosperity and welfare of the
(1) No land shall be used and no building shall be
constructed, altered or changed so as to invade any area
designated as an area necessary for the preservation of any
mountain view.
(2) Whenever any use or building lies partially within
and partially without an area designated as an area neces-
sary for the preservation of any mountain view, the
restrictions of this subsection shall apply.
(3) The commission of any act prohibited by this sub-
section shall constitute a violation of Chapter 24 of this
Code and remedies provided therein may be had by any person
aggrieved by any violation of this subsection.
(4) Ail elevations used herein are based on the United
States Geologic Survey (USGS) benchmark located in the
southwesterly corner of the Pitkin County Courthouse
Foundation at an elevation of 7,909.00 feet above mean
sea level.
a. Glory Hole Park View Plane. There is hereby
established a view plane originating from Glory Hole
Park above which plane no land use or building shall
project. The reference point bears N 19° 06' 00" W
a distance of 919.85 feet from Corner 1 of the Aspen
Townsite, a 1954 BLM brass cap; the reference base
line bears N 55° 04' 05" E a distance of 73.00 feet
from the reference point. Elevation of the reference
point and reference base line is 7949.75 feet above
sea level. The view plane consists of two spatial
community.
erected,
components more particularly described as follows:
1. Ail that space which is within the projection
of a sector of 9° 54' 00" described by two radial
lines which bear S 44° 49" 55" E and S 34° 55' 55"
E respectively from the reference point, and which
is also above the view plane which passes through
the reference base line at an inclination of 3°
30' above horizontal.
2. Ail that area which is within the projection
of the following described perimeter and which
is also above the view plane which passes through
the reference base line at an inclination of
3° 30' above horizontal. The perimeter is more
fully described as follows: Beginning at the
reference point: thence N 55~ 04' 05" E a his-
tance of 73.00 feet along the reference base line;
thence S 34° 55' 55" E a distance of 418.27 feet
to a point on the northerly radial line of the view
sector; thence N 44° 49' 55" W along said radial
line a distance of 424.59 feet to the reference
point."
Section 2.
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 ap-
plications, and to this end the provisions of this ordinance are
declared to be severable.
Section 3.
The council finds this ordinance is necessary for the immedi-
ate preservation of the public welfare and determines that it shall
take effect immediately upon its final passage and publication
(3)
Section 4.
A public hearing on the ordinance
Counci~ Chambers, City Hall Building, Aspen, Colorado.
shall be held at
P. M. in the City
by
INTRODUCED,
the City Council
READ AND ORDERED PUBLISHED as
of the City of Aspen,
provided by law
Colorado, on this
, 1973.
ATTEST:
Mayor /
FINALLY ADOPTED, PASSED AND APPROVED THIS c~--~/~ day of
1973
ATTEST:
ffity Clerk
STATE OF COLORADO)
) ss cERTIFICATE
COUNTY OF PITKIN )
I, Lorraine Graves, City Clerk of Aspen, Colorado,
do hereby certify that the above and foregoing ordinance was
introduced, read by title, and passed on first reading at a
regular meeting of the City Council of the City of Aspen on
May 14 , 197__~ and published in the Aspen Today
a weekly newspaper of general circulation, published in the
City of Aspen, Colorado, in its issue of M~y 16 , 197~_,
and was finally adopted and approved at a regular meeting of
the City council on May
published as Ordinance No.
said City, as provided by law.
29 , 1973__, and ordered
17 , Series of 197L, of
IN WITNESS WHEREOF, I have hereunto set my hand and the
seal of said City of Aspen, Colorado, this
29th
day of May , 197__3