HomeMy WebLinkAboutordinance.council.051-05ORDINANCE NO. 51
(SERIES OF 2005)
A ORDINANCE OF THE CITY OF ASPEN CITY COUNCIL APPROVING CODE
AMENDMENTS TO THE FOLLOWING SECTION: 26.710.070(D)(4) & (6),
FRONT AND REAR YARD SETBACKS FOR THE MODERATE DENSITY
RESIDENTAL (R-15B) ZONE DISTRICT OF THE CITY OF ASPEN MUNICIPAL
CODE, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department initiated code
amendment changes to the above cited sections; and
WHEREAS, pursuant to Sections 26.310.040, the City Council, in accordance
with the procedures, standards, and limitations of this Chapter, shall by resolution
approve, approve with conditions, or deny a Code Amendment application for
Amendment to the Land Use Code and Official Zone District Map, after recommendation
by the Community Development Department pursuant to Section 26.430.020; and,
WHEREAS, the Community Development Department reviewed the Code
Amendments to the above cited sections pursuant to Section 26.310.040 and
recommended approval; and,
WHEREAS, during a public hearing on November 22, 2005, the Planning and
Zoning Commission recommended by a three to one (3-1) vote, the City Council approve
the amendments to Section 26.710.070(D)(4) & (6); and,
WHEREAS, the City Council conducted a public heating, considered the
recommendation of the Community Development Director and took public testimony of
code amendments to Section 26.410; and,
WHEREAS, the City Council finds that Code Amendments meet or exceed all
applicable amendment standards and that the approval of the Code Amendments, are
consistent with the goals and elements of the Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ASPEN
CITY COUNCIL as follows:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code,
the Code Amendment sections initiated by the Community Development Department are
approved as noted below:
Section26.710.070(D)(4): Minimum front yard setback (feet): 30. For
properties located between Eastwood Drive and Highway 82 [Lots 6-19,
Eastwood Subdivision] and properties located on the northwest portion of
Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 10.
Section26.710.070(D)(6): Minimum rear yard setback (feet): 10. For
properties located between Eastwood Drive and Highway 82 [Lots 6-19,
Eastwood Subdivision] and properties located on the northwest portion of
Skimming Lane [Lots 8-11, Block 1, Aspen Grove subdivision] (feet) 30.
Section 2:
All material representations and commitments made by the applicant pursuant to the Code
Amendment approval as herein awarded, whether in public heating or documentation
presented before the Planning and Zoning Commission or City Council, are hereby
incorporated in such Code Amendment approvals and the same shall be complied with as if
fully set forth herein, unless amended by an authorized entity.
Section 3:
This Ordinance shall not affect 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.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 thereofi
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on this 12th day of December 2005.
Kathryn S. K~, City'Clerk
FINALLY, adopted, passed and approved this 9th Day of~
~(,athryn S. Ko~, ~ity Clerk ad, Mayor
Al~q~-ovegl ps tq form:
'-J-6~n//Worc-e~t;r, City Attorney
Attachment: Map of affected properties
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