Loading...
HomeMy WebLinkAboutresolution.council.024-85RESOLUTION NO. (Series of 1985) A RESOLUTION GRANTING EXCEPTION FROM THE FULL SUBDIVISION PROCESS AND SUBDIVISION APPROVAL FOR THE PURPOSE OF CONFIRMING IN THE ASPEN INSTITUTE FOR HUMANISTIC STUDIES AN ABILITY TO EXERCISE ITS OPTION, RECORDED SEPTEMBER 26, 1980, BOOK 395 AT PAGE 763 IN ORDER TO OBTAIN RECORD TITLE TO THE "ACADEMIC PARCEL" WHEREAS, on or about July 16, 1985, the Aspen Institute for Humanistic Studies submitted an "Application for Exemption from the Definition of Subdivision or Exception from the Standards or Requirements of Chapter 20 of the Municipal Code", which applica- tion is hereby incorporated herein by this reference; and WHEREAS, the stated purpose for the said application was the Aspen Institute's need for subdivision approval so that it can exercise its option to purchase an approximately 26.5 acre parcel, commonly known as the "Robert O. Anderson" or "Academic" parcel, as described in the application and as specifically referred to in that option to purchase between the Meadows Corporation and the Aspen Institute, recorded September 26, 1980, in Book 395 at Page 763; and WHEREAS, the City Council acknowledges that the Aspen Insti- tute for Humanistic Studies incalculably enriches the cultural and educational life of the City of Aspen; and WHEREAS, upon consideration of the evidence and testimony presented at the duly-noticed public hearing conducted by the City Council on September 23, 1985, the City Council has determined that, under the facts and circumstances presented, the require- ments of the full subdivision process would be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen; and upon the satisfaction of the conditions set forth below, the proposed subdivision will substan- tially comply with the design standards of Chapter 20; therefore, the City Council desires to grant subdivision approval subject, however, to the representations and agreements of the applicant; and WHEREAS, the City Council recognizes title owner of the entire unified parcel, that the current record specifically Aspen Moun- tain Joint Venture by representation at the application subject, cant. NOW, THEREFORE, BE CITY OF ASPEN, COLORADO: Section 1 letter dated September 10, 1985, and through public hearing, endorsed and supported the however, to the representations of the appli- IT RESOLVED BY THE CITY COUNCIL OF THE That the City Council hereby approves the Statement of Excep- tion appended hereto and grants subdivision approval pursuant to the provisions of Chapter 20-19(c) of the Municipal Code of the City of Aspen and, in granting and approving the annexed statement of exception and declaration of covenants, the City Council finds that: 1. The application requests the subdivision of a tract of land into two parcels for the purpose of transfer of ownership 2 within the definition of "subdivision" set forth in Section 20-3(s) of the Municipal Code; 2. The Aspen Institute has represented that the application is for the purpose of confirming record title only and has agreed that any future application for zoning, land use or development pertaining to the academic parcel shall proceed the same as if the entire parcel was unified and in single ownership as if no subdi- vision had been approved, thereby requiring a comprehensive p~an with the concurrence of all title owners; and 3. Under the facts and circumstances presented, the City Council hereby determines that requiring the application to be processed through the full subdivision process would be redundant, serve no public purpose and be unnecessary in relation to the land use policies of the City of Aspen and, notwithstanding the excep- tion and in view of the representations of the applicant, finds that the proposed subdivision will substantially comply with the design standards of Chapter 20 of the Municipal Code. Section 2 The Mayor is hereby authorized to execute the attached State- ment of Exception and Declaration of Covenants on behalf of the City of Aspen. Dated: -C~. ~ _ _ _, 1985. William L. S I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on _~~__~_~_, 1985. Kathryn S. ~ch, City Clerk 4