HomeMy WebLinkAboutresolution.council.017-85Resolution 1~85
(Series of )
A RESOLUTION AUTHORIZING AN ADMINISTRATIVE DELAY WITH REGARD TO
THE ACCEPTANCE AND PROCESSING OF ALL APPLICATIONS AND BUILDING
PERMITS IN CONNECTION WITH THE INSTALLATION OF MORE THAN ONE
SOLID FUEL BURNING DEVICE IN ANY SINGLE FAMILY DWELLING, DUPLEX
UNIT CONTAINING MORE THAN 1000 SQ. FT., HOTEL OR LODGE BUILDING,
RESTAURANT/BAR, MULTIPLEX STRUCTURE, OR OTHER BUILDING
WHEREAS, Air Pollution continues to be a visibility and
potential health problem in the Aspen area, and
WHEREAS, Woodburning emissions contribute a significant
percentage of the fine particulate matter for which Aspen has
been named a Group II area with a significant potential for being
named a "NON-ATTAINMENT AREA" by the U.S. Environmental Protection
Agency and thereby forced to implement certain control measures,
and
WHEREAS, "certified" devices now available have been found to
be an insufficient solution to this problem since, in lodge
projects and other short-term accommodations, they are not
likely to be operated in a manner to make them any cleaner than a
typical fireplace without pollution-reducing designs, and, even
if operated to minimize emissions, still produce about half the
emissions of a conventional high-polluting woodburning device,
and
WHEREA~, installation of unlimited numbers of "certified"
solid fuel burning devices in lodge projects and multi-unit
structures would undermine the intent of the existing woodburning
device regulations of the City of Aspen, and
WHEREAS, for a number of years, it has been the policy of
the City of Aspen to limit the installation of solid fuel burning
devices, and to gradually abate non-certified devices, and
WHEREAS, it is the policy of the City Council as expressed
in Section 11-2.1 of the City Code, that "air quality is an
important component of the health, safety and welfare of the
citizens and community of the City of Aspen and that the air
quality in and around the City of Aspen is threatened by various
pollutants. The city council finds and declares that it has a
duty to protect and improve the air quality in and around the
City of Aspen for the health, safety and general welfare of its
citizens and for the economic and aesthetic well-being of the
city as a resort community..."
WHEREAS, the City Council has before it Ordinance No. 45
(Series of 1985), providing for the imposition of a sixty day
moratorium with regard to the processing of building permits for
the installation of solid fuel burning devices in any single-
family dwelling, duplex unit containing more than 1,000 sq. ft. of
internal heated floor area, hotel or lodge building, restaurant/bar,
multi-family building, if such building already has one or more
solid-fuel burning devices,
NOW THEREFORE, BE IT RESOLVED BY T~E CIT~ COUNCIL OF THE
CITY OF ASPEN THAT ~
The City Council does hereby authorize an administrative
delay with regard to the acceptance and issuance of all applications
for building permits for solid fuel burning devices in any
single-family dwelling, duplex unit containing more than 1,000
sq. ft., hotel or lodge building, restaurant/bar, or multiplex
structure, if such building already contains one or more solid
fuel burning devices. Applications and permits for construction
other than the installation of solid fuel burning devices may be
considered and issued, consistent with the meaning and intent of
this resolution.
This administrative delay shall remain in effect until the
latter of (1) the scheduled date of the public hearing and second
reading of the proposed moratorium ordinance, if such ordinance
fails, or (2) until the effective date of such ordinance, if such
ordinance is passed.
Section
The City Manager is hereby directed to implement
administrative delay.
Dated: ~ ~ , 1985.
William L. Stirling, Mayor
said
I, Kathryn S. Koch, duly appointed and acting City Clerk do
certify that the foregoing is a true and accurate copy of that
resolution adopte~ by the City Council of the City of Aspen,
Colorado, at a meeting held _~ ~Q~ , 1985.