HomeMy WebLinkAboutresolution.council.053-05RESOLUTION
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A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL OF AN INTERPRETATION OF THE LAND USE CODE REGARDING
THE MANNER IN WHICH FLOOR AREA SHALL BE ALLOCATED ON LOTS
OF A HISTORIC LANDMARK LOT SPLIT.
WHEREAS, the Community Development Director received a request for an
interpretation of the City of Aspen Land Use Code regarding the manner in which Floor
Area is allocated between lots of Historic Landmark Lot Split Subdivision Exemption -
Section 26.480.030.4 fi:om the Brumder Family Trust (Applicant), owner of Lots A and
B, Brumder Historic Lot Split, City and Townsite of Aspen, represented by Julie Ann
Woods, President, Elk Mountains Planning Group; and,
WHEREAS, the Director rendered and opinion and the Applicant believes the
Director exceeded his jurisdiction and abused his discretion and sought an appeal based
on such grounds; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may reverse or
modify upon a finding that there was a denial of due process, exceeding of jurisdiction, or
abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered public comments at a
duly noticed public hearing and has found that the Director either exceeded his
jurisdiction or abused his authority in rendering the interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary fbr the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council approves the appeal of
the Community Development Director's Interpretation of the Land Use Code regarding
Floor Area for Historic Landmark Lot Splits and reverses the decision as follows:
Section 1:
The Floor Area for Lots created through Section 26.480.030.4 - Historic Landmark Lot
Split shall be derived from the lot size of each of the newly created lots and shall not be
based on the original, fathering parcel.
Section 2:
This Resolution shall not effect any existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
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Resolution No. __, Series of 2005. Page 1
Section 3:
If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect
the validity of the remaining portions thereof.
APPROVED by the Aspen City Council at its regular meeting on
,2005.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
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Resolution No. __, Series of 2005. Page 2