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HomeMy WebLinkAboutresolution.apz.009-87 RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION RECOMMENDING AMENDMENTS TO THE MUNICIPAL CODE WITH RESPECT TO THE R-6 RESIDENTIAL ZONE DISTRICT REQUIREMENTS, THE METHODOLOGY FOR CALCULATING FLOOR AREA RATIO AND THE REGULATION OF NON-CONFORMITIES Resolution No. 87- t~ WHEREAS, as a result of the scale of residential development being experienced within the R-6 Zone District in recent years, the Aspen city Council directed the Planning office and Planning and Zoning Commission (hereinafter the "Commission") to evaluate the current requirements for residential development and to recommend necessary changes thereto; and WHEREAS, in response to this directive, the Commission held a work session on September 29, 1987, and a public hearing on October 6, 1987, which hearing was continued to October 20 and October 27, 1987, and then did consider adoption of this resolu- tion at a meeting on November 3, 1987; and WHEREAS, during the public hearings, the Commission consid- ered evidence and testimony given by the staff and members of the public, including alternatives presented by an "ad-hoc committee" composed of local architects and other citizens; and WHEREAS, at the conclusion of the hearings, the Commission decided that it preferred an approach that was relatively simple, which limited the degree to which it prescribed the design of new structures, which addressed principally lots in excess of 6,000 square feet, and which is limited to the R-6 zone district; and WHEREAS, the Commission has taken no action in regard to the staff's recommendation to reduce the external floor area ratio for detached residential and duplex dwellings in the RMF, R-15, Resolution No. 87- Page 2 R-15A and R-30 zone districts setback in the RMF, R-15, and following reasons: and to increase the side yard R-15A zone districts for the The development of solutions to the problem in the R-6 zone has been quite time consuming and the Commission feels it is necessary to take an equivalent amount of time in the other residential zones. 2) The community concern has only been raised due to development in the R-6 zone, and not that in other areas of town. W~u~EAS, the Commission finds that significant changes to the methodology for calculating floor area ratios are necessary to improve the clarity of existing provisions, to provide a marginal degree of relief from the bulk of structures which are and to incorporate new techniques such as volume being built control; and WHEREAS, fact that any change to requirements will cause nonconforming, wishes to the Commission, in recognition of the inevitable the R-6 residential zone district some existing structures to become repeal and re-enact Article 13 of Chapter 24 of the Municipal code to provide relief to homeowners, improve the clarity of the regulations and insure that in the case of willful destruction or substantial renovation of a structure, conformance to all applicable zone district require- ments will occur. NOW, THEREFORE, BE IT RESOLVED by the Commission that it does hereby recommend that the Aspen City Council adopt the following amendments to Chapter 24 of the Aspen Municipal Code: Resolution No. 87- Page 3 Section 1 That in the R-6 zone district, the minimum front yard, side yard and rear yard setbacks, as established in Section 24-3.4 of the Municipal Code, be repealed and be re-enacted to read as follows: Minimum front and rear yard: For principal buildings, the front and rear yard shall total no less than thirty (30) feet, and the front yard and rear yard shall each be a minimum of ten (10) feet, provided that the rear yard for that portion of a principal building used as a garage only shall be a minimum of five (5) feet. For accessory buildings, the front yard shall be a minimum of fifteen (15) feet, and the rear yard shall be a minimum of five (5) feet. For lots of 3,050 squre feet or less, the front and rear yard shall total no less than twenty five (25) feet. 5. Minimum side yard: Lot Size (sq. ft. ) Minimum Size for each side yard (ft.) Total of both side yards (ft.) 0-4500 5 10 ft. 4501-6000 5 10 ft., plus 1 foot for each additional 300 sq. ft. of lot area, to a maximum of 15 feet of total side yard. 6001-8000 5 15 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 25 feet of total side yard. 8001-10,000 10 25 ft., plus 1 foot for each additional 200 sq. ft. of lot area, to a maximum of 35 feet of total side yard. 10,000+ 15 35 ft., plus 1 foot for each additional 400 sq. ft. of lot area, to a maximum of 50 feet of total side yard. Resolution No. 87- Page 4 6. Maximum site coverage: Lot Size (sq. ft.) 0-4500 4501-6000 6001-9000 9001-12,000 12,000-18,000 Maximum Site Coverage (%) No limitation 50%, minus 1% for each additional 150 sq.ft, of lot area, to a maximum site coverage of 40% 40%, minus 1% for each additional 300 sq.ft, of lot area, to a maximum site coverage of 30% 30%, minus 1% for each addi- tional 600 sq.ft, of lot area, to a maximum site coverage of 25% 25%, minus 1% for each additional 1,200 sq. ft. of lot area, to a maximum site coverage of 20% 18,001+ 20% Section 2 That in the R-6 zone district, the external floor area ratio, as established in Section 24-3.4 of the Municipal Code, be repealed and re-enacted to read as follows: ~ S~ze sin~le-f-.,.~ ] y ~] ] inqs fSa. Ft.I 0- 3,000 3,001- 6,000 All~able 80 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,240 sq. ft. of floor area. 6,001- 9,000 3,240 sq. ft. of floor area, plus 14 sq. ft. of floor area for each additional Resoluti~ No. 87- Pa~S 9,001-15,000 15,001-50,000 50,000+ ~ siz~ 0- 3,000 3,001- 6,000 6,001- 9,000 9,001-15,000 15,001-50,000 50,000+ 100 sq. ft. in lot area, up to a maximum of 3,660 sq. ft. of floor area. 3,660 sq. ft. of floor area, plus 6 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a m~ximum of 4,020 sq. ft. of floor area. 4,020 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq. ft in lot area, up to a maximum of 5,770 sq. ft. of floor area. 5,770 sq.ft, of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. Allc~able 90 sq. ft. of floor area for each 1 0 0 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 3,600 sq. ft. of floor area. 3,600 sq. ft. of floor area, plus 16 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 4,080 sq. ft. of floor area, plus 6 sq. ft. of floor area for eachadditional 100 sq. ft. in lot area, up to a maxiaum of 4,440 sq. ft. of floor area. 4,440 sq. ft. of floor area, plus 5 sq. ft. of floor area for each additional 100 sq. ft in lot area, up to a maximum of 6,190 sq.ft, of floor area. 6,190 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. Resolution No. 87- Page 6 *Total external floor area for two detached residential dwellings on a lot of 9,000 square feet or greater shall not exceed the floor area allowed for one duplex. Total external floor area for two detached residential dwellings or a duplex on a lot between 6,000 and 9,000 sq. ft. containing a historical landmark shall not exceed the floor area allowed for one detached residen- tial dwelling. Section 3 That in the R-6 zone district, the Table of Permitted Uses, as established in Section 24-3.2 of the Municipal Code be amended to add "two detached residential dwellings on a lot of 9,000 square feet or greater". Section 4 That in the RMF, R-15, R-15A, R-30 and R-40 zone districts, the external floor area ratio, as established in Section 24-3.4 of the Municipal Code, be repealed and re-enacted to read as follows: I~t Size Detad%ed Residential E~..,~elliz'~ (Sq. Ft.) Allow-able 0- 3,000 80 sq.ft, of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,400 sq. ft. of floor area. 3,001- 9,000 2,400 sq. ft. of floor area, plus 28 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,080 sq. ft. of floor area. 9,001-15,000 4,080 sq.ft, of floor area plus 7 sq. ft. of floor area for each additional 100 sq. ft. in lot area, up to a maximum of 4,500 sq. ft. of floor area. 15,001-50,000 4,500 sq.ft, of floor area, plus 6 sq.ft, of floor area for each additional 100 sq. ft in lot area, up to a maximum of 6,600 sq. ft. of floor area. 50,000+ 6,600 sq. ft. of floor area, plus 2 sq. ft. of floor area for each additional 100 sq. ft. in lot area. Resolution No. 87- Page? ~ size ~l~x 0- 3,000 90 sq. ft. of floor area for each 100 sq. ft. in lot area, up to a maximum of 2,700 sq. ft. of floor area. 3,001- 9,000 2,700 sq. ft. of floor area, plus 30 sq. ft. of floor area for eachan%4~tional 100 sq. ft. in lot area, up to a max/aun of 4,500 sq. ft. of floor area. 9,001-15,000 4,500 sq. ft. of floor area, plus 7 sq. ft. of floor area for each a~14~tional 100 sq. ft. in lot area, up to a max/mum of 4,920 sq. ft. of floor area. 15,001-50,000 4,920 sq. ft. of floor area, plus 6 sq. ft. of floor area for each~14~tional 100 sq. ft in lot area, up to a maxiau~ of 7,020 sq. ft. of floor area. 50,000+ 7,020 sq. ft. of floor area, plus 3 sq. ft. of floor area for each additional 100 sq. ft. in lot area. Multi-Family: 1:1 (To be listed for I~F zone district only) Section 5 That Section 24-3.7(e) of the Municipal Code be repealed and re- enacted to read as follows: FLOOR AREA means the sum of the gross horizontal areas of each story of the building measured from the exterior walls, or from the center line of the party walls, including the floor area of accessory uses and of accessory buildings and structures. In measuring floor areas for floor area ratio and allowable floor area, the following applies: (1) General. In measuring floor area for the purposes of calculating floor area ratio and allowable floor area, there shall be included that floor area within the sur- rounding exterior walls (measured from their exterior surface) of a building, or portion thereof. (2) Decks, balconies and stairways. The calculation of floor area of a building, or a portion thereof, shall exclude decks, stairways, balconies, porches, terraces and similar features when the total area of such Resolution No. 87- Page 8 features is: (a) Not surrounded by exterior walls or enclosed, provided the area may be covered by a projection from the building which is less than or equal to three (3) feet, and further provided that a porch may be covered by a roof or projection from the building of unlimited size; and (b) Above natural grade; and (c) Less than or equal to fifteen percent (15%) of the maximum allowable floor area of the building. Ail area included in a deck, stairway, balcony, porch, terrace or similar feature which does not meet all of the above conditions shall be included as part of the floor area calculation, provided that all area included in a deck, stairway, balcony, porch, terrace or similar feature which is at or below natural grade shall be entirely excluded from floor area calculations. (3) Garages and carports. For the purpose of calculating floor area ratio and allowable floor area for a lot whose principal use is residential, garages and carports shall be excluded up to a maximum area of five hundred (500) square feet per dwelling unit; all garage or carport space in excess of five hundred (500) square feet per dwelling unit shall be included as part of the residential floor area calculation, provided however that on residential properties containing Historic Landmarks that do not meet applicable minimum lot area requirements, garages and carports shall be excluded up to a maximum of five hundred (500) square feet for the property. For any dwelling unit which can be accessed from an alley or from a private road entering at the rear of the dwelling unit, the garage shall only be excluded from floor area calculations if it is located on the alley or at the rear of the unit. (4) Subarade areas. The area of any story which is one hundred (100%) percent subgrade, as measured from natural grade, shall be excluded from floor area calculations. For any story which is partly above and partly below natural grade, a calculation of the total volume of the story which is above and which is below grade shall be made, for the purposes of establishing the percentage of the area of the story which shall be included in floor area calculations. This calculation shall be made by determining the total percentage of the wall area of the story which is above natural grade Resolution No. 87- Page 9 which shall be multiplied by the total floor area of the subject story, and the resulting total shall be that area which is included in the floor area calcula- tion. (5) Volume. For the purpose of calculating allowable floor area for a building or portion thereof whose principal use is residential, a determination shall be made as to its interior plate heights. Those interior areas with a plate height of ten (10) feet or less shall count toward allowable floor area at the ratio of one (1) square foot for each one (1) square foot of floor area. For those interior areas with a plate height which exceeds ten (10) feet, the ratio at which they shall count shall increase by five one-hundredths (0.05) of a square foot for each one (1) foot increase in height, to a maximum ratio of two (2) square feet for each one (1) square foot of floor area. Planned Unit DeveloDment. For detached residential and duplex Planned Unit Development applications, the allowable floor area shall be calculated by determining the square footage of the entire land ownership, reduced according to the provisions of Section 7- 903(B) (2) (b). The reduced square footage of land shall then be divided by the total number of dwelling units existing and proposed for development to determine the land area for each detached residential unit or duplex in the Planned Unit Development (PUD), which shall be the area used to determine the amount of floor area each detached residential unit or duplex in the Planned Unit Development (PUD). The total floor area allowed for the Planned Unit Development (PUD) shall be the cumulative total of the floor areas for each detached residential unit and duplex in the Planned Unit Development (PUD). Section 6 That Article XIII of Chapter 24 of the Municipal code be repealed and re-enacted to read as follows: ARTICLE XIII - NON-CONFORMITIES Sec. 24-13.1. Purpose. Within the Zone Districts established by this chapter, there exist uses of land, buildings and structures that were lawfully established before this chapter was adopted or amended which would be in violation of the terms and requirements of this chapter. The purpose of this article is to regulate and limit Resolution No. 87- Page 10 the continued existence of these uses, buildings, and structures that do not conform to the provisions of this chapter or any amendments thereto. It is the intent of this article to permit these nonconfor- mities to continue, but not to encourage their survival. It is further the intent of this article that nonconformities should not be enlarged or expanded. The provisions of this article are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination in order to preserve the integrity of the Zone Districts and the other provisions of this chapter. Sec. 24-13.2. Nonconformina uses. Authority to continue. Nonconforming uses of land or structures may continue in accordance with the provi- sions of this article and this section. Be Normal repair and maintenance. Normal maintenance and repair to permit continuation of nonconforming uses may be performed in any period of twelve (12) consecu- tive months, to an extent not exceeding ten (10%) percent of the current replacement cost of the struc- ture. Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent: 1. Enlargement of nonconforming uses by additions to the area of the structure in which such noncon- forming uses are located; or 2. Occupancy of additional lands. Relocation. A structure housing a nonconforming use may not be moved either to another location on or off the parcel of land on which it is located, unless the use thereafter shall conform to the limitations of the Zone District into which it is moved. Chanae in use. A nonconforming use shall not be changed to any other use unless the new use conforms to the provisions of the Zone District in which it is located. F. Termination. Abandonment or discontinuance. The intent of the owner notwithstanding, where a nonconforming use of land or structure is discontinued or abandoned Resolution No. Page 11 for twelve (12) consecutive months, then such use may not be re-established or resumed, and any subsequent use must conform to the provisions of this chapter. Damaqe or destruction. Any structure housing a nonconforming use which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of said structure or which is damaged or destroyed to any extent by an act of God or through any manner not willfully accomp- lished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twelve (12) months of the date of damage. Any structure housing a non-conforming use which is willfully damaged or destroyed to the extent of more than fifty (50%) percent of the fair market value of said structure shall only be restored in conformance with the provisions of this chapter. Sec. 24-13.3. Nonconforminq structures. ae Authority to continue. A nonconforming structure devoted to a use permitted in the Zone District in which it is located may be continued in accordance with the provisions of this article. Normal repair and maintenance. Normal maintenance and repair of nonconforming structures may be performed in any period of twelve (12) consecutive months without limit on the cost of the maintenance and repair. C. Extensions. 2e General. A nonconforming structure shall not be extended by an enlargement or expansion that increases the nonconformity. A nonconforming structure may be extended or altered in a manner that does not change or that decreases the nonconformity. Historic Landmark. The only exception to this requirement shall be for a structure designated as an Historic Landmark pursuant to Art. 7, Div. 7 which is located in the R-6 or R-15 zone dis- tricts. Such structures may be extended into front yard, side yard and rear yard setbacks, may be extended into the minimum distance between buildings on a lot and may be enlarged, provided, however, such enlargement does not exceed the Resolution No. 87- Page 12 allowable floor area of the existing structure by more than five hundred (500') square feet, complies with all other requirements of this chapter, and receives development review approval as required by Section 24-9 of this Code. De Relocation. A nonconforming structure shall not be moved unless it thereafter conforms to the standards and requirements of the Zone District in which it is located. E. Termination. Abandonment. Where a nonconforming structure is abandoned for twelve (12) consecutive months, then such structure shall be removed or converted to a conforming structure. 2. Damaqe or destruction. General. Any part of a nonconforming structure which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of said structure or which is damaged or destroyed to any extent by an act of God or through any manner not willfully accomplished by the owner may be restored as of right if a building permit for reconstruction shall be issued within twenty- four (24) months of the date of the damage. Any part of a non-conforming structure which is willfully damaged or destroyed to the extent of more than fifty (50%) percent of the fair market value of said structure shall only be restored in conformance with the provisions of this chapter. Historic landmark. A non-conforming structure designated as a historic landmark may be restored as of right, whether destroyed wilfully or by an act of God and without limitation on the value of the reinvestment in the structure, if the restoration plan is approved by HPC pursuant to Art. 7, Div. 6. Structure in stream marqin. Any part of a nonconforming structure which is in the stream margin as established pursuant to Sec. 7-504, which is damaged or destroyed to the extent of less than fifty (50%) percent of the fair market value of the structure, may Resolution No. 87- Page 13 be restored as of right if the structure can be rebuilt in the original footprint, consistent with the provisions of Art. 7, Div. 5. Unsafe structure. Any portion of a noncon- forming structure which becomes physically unsafe or unlawful due to lack of repairs and maintenance, and which is declared unsafe or unlawful by a duly authorized city official, but which an owner wishes to restore, repair or rebuild shall only be restored, repaired or rebuilt in conformity with the provisions of this chapter. Sec. 24-13.4. Nonconformin~ accessor~ uses and accessory wtructures. No nonconforming accessory use or accessory structure shall continue after the principal structure or use shall have ter- minated unless such structure or use thereafter shall conform to the provisions of the Zone District in which it is located. Sec. 24-13.5. Lodqe and hotel preservation. Ail lodge and hotel uses and structures that are lawfully established at the time of adoption of this chapter or an amendment which would be considered to make the lodge or hotel a nonconforming use or structure under this chapter are hereby declared to be conforming and not subject to the provisions of this article as long as the following standards and requirements are met. Reconstruction or renovation. Ail reconstruction of a structure shall meet the dimensional requirements of the underlying Zone District. Renovation shall not increase the nonconformity of the structure. Renova- tion is the investment of up to fifty (50%) percent of the appraised value of the structure, net of land value. Reconstruction is the investment of fifty (50%) percent or more of the value of the structure, net of land. Increase in units or size. There shall be no increase in the number of units in the lodge or hotel, or the total square footage in the lodge or hotel, unless the enlargement is for the purpose of constructing deed restricted employee housing units accessory to the principal use. C. Construction of employee houslnq. The enlargement of Resolution No. 87- Page 14 the lodge or hotel for the purpose of constructing employee housing shall be reviewed and considered as a Development Application for a conditional use pursuant to Art. 7, Div. 3. In determining whether to approve, approve with conditions, or disapprove the application, the Commission shall ensure the following standards and requirements are met. 1. There is no increase in lodge or hotel units; The proposed employee housing units are in compliance with the adopted housing plan, and specifically the need for seasonal employee rooms; There is a maximization of construction quality and unit size in the proposed employee housing units; There are adequate public facilities to serve the proposed development, and off-street parking is provided pursuant to Art. 5, Div. 3. The proposed employee housing is compatible with surrounding land uses and the dimensional require- ments of the underlying Zone District. The proposed employee housing is deed restricted to the employee rental guidelines, and against commercial rental or sale. In the event the lodge is condominiumized, the deed restricted units must be retained as a portion of the common elements of the lodge or hotel. The proposed employee housing receives health, safety and fire inspection and commitments are made to comply with the results of said inspec- tion. The deed restricted employee housing units are limited in their rental solely to employees of the lodge or hotel, and shall not be rented to other employees of the City nor rented on the open market. 9e The expansion may be in rental rooms, provided an equal amount of existing square footage of space is converted from rental rooms to deed restricted employee housing units. ~ D. Abandonment. The intent of the owner notwithstanding, when a lodge or hotel subject to this section is Resolution No. 87- Page 15 discontinued or abandoned for twelve (12) consecutive months, then the use may not be re-established or the structure occupied, without conforming to the standards and requirements of the underlying Zone District. Damage or destruction. If a lodge or hotel subject to this section is damaged or destroyed by any means and is not repaired or replaced within two (2) years from the date of damage or destruction, it shall be recon- structed pursuant to the standards and requirements of this chapter. Sec. 24-13.6. Nonconforminq lots of record. ae General. A detached single family dwelling and customary accessory buildings may be developed on a lot of record if: The lot of record is in separate ownership and not contiguous to lots in the same ownership; and e The proposed single family dwelling can be located on the lot so that the yard, height, open space and floor area dimensional requirements of the Zone District can be met, or a variance is obtained to vary from said dimensional require- ments pursuant to Article 10. Undivided lot. If two (2) or more lots or combinations of lots with continuous frontage in single ownership (including husband and wife as in all cases a single owner) are of record at the effective date of the adoption or amendment of this chapter, regardless of time of acquisition, and if all or parts of the lots do not meet the requirements established for lot width and area, the lots shall be considered an undivided parcel, and no portion shall be used or occupied which does meet the width and area requirements of this chapter. Sec. 24-13.7. Lot reduction. No lot or interest therein shall be transferred, conveyed, sold or subdivided so as to create a new nonconforming lot, to avoid, circumvent or subvert any provision of this chapter, or to leave remaining any lot in violation of the dimensional requirements of this chapter. Be No lot or portion of a lot required as a building site under this chapter shall be used as a portion of a lot required as a site for another structure. Resolution No. 87- Page 16 No building permit shall be issued for any lot or parcel of land which has been conveyed, sold, or subdivided in violation of this section. Any trans- feree who acquires a lot in violation of this paragraph without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferer who violates the provisions of this paragraph. Section 7 That the following definitions be added to Section 24-3.1 of the Municipal Code: NONCONFORMING STRUCTURE means any structure which was estab- lished pursuant to the zoning and building laws in effect at the time of its development, but which does not conform to the dimensional requirements imposed by this Code for the Zone District in which it is located. NONCONFORMING USE means any use of land, building or structure, which was established pursuant to the zoning and building laws in effect at the time of its development, but which use is not a permitted or conditional use under the regulations imposed by this Code for the Zone District in which it is located. NORMAL MAINTENANCE AND REPAIR OF A NON-CONFORMITY means any work done in a period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing. SITE COVERAGE means the percentage of a site covered by build- ings, measured at the exterior walls of a building at ground level. Roof or balcony overhangs, cantilevered building elements and similar features extending directly over grade shall be excluded from maximum allowable site coverage calculations, provided that the area of such overhangs is less than or equal to fifteen (15%) percent of the maximum allowable site coverage. Section 8 That Section 24-3.7(F) of the Municipal Code be amended by the addition of a new subsection (7), to read as follows: (7) Non-Aligned Lots. For any lot in the R-6 zone district in excess of 9,000 square feet which is not aligned along the traditional Aspen Townsite lot lines, the Building Inspector shall measure the side yards from the two shortest sides of the lot which are opposite from each other and the front and rear yards from the Resolution No. 87-__ Page 17 two longest sides of the lot which are opposite from each other. BE IT FURTHER RESOLVED by the Commission that it hereby determines that those proposed developments which have received exemption by city Council from the administrative delay in the R- 6 zone district shall not be subject to the limitations contained herein, provided that the applicant shall obtain a building permit and diligently pursue development of the project, pursuant to Section 304(C) of the 1979 Uniform Building Code and Section 7-141 (D) of the Aspen Municipal Code. The Agate/Victoria Square project is also exempt from the limitations contained herein, in compliance with the City Council resolution of exemption and because the city's review of that of the issues addressed herein. APPROVED by the Commission project included consideration at its special meeting on November 5, 1987. ATTEST: J~ ~arney, ~puty city Clerk AR. FARRESO ASPEN PLANNING AND ZONING COMMISSION By C. ~elto~ Chairman