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ORDINANCE No. 53
(SERIES OF 2005)
AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A PLAT VACATION
AT 214 EAST BLEEKER STREET (LOTS N, 0, P, AND Q, BLOCK 72, CITY AND
TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO)
WHEREAS, the Community Development Department received an application from
William G. Brumder Florida Land Trust, represented by Oates, Knezevich & Gardenswartz P.C.,
requesting approval of a Plat Vacation regarding the property at 214 E. Bleeker Street, City of
Aspen, Pitkin County; said plat based upon Ordinance No.29, Series of 1998; and
WHEREAS, pursuant to Land Use Code Section 26.480.080C, the Aspen City Council,
in accordance with the procedures, standards, and limitations of this Chapter, shall by ordinance
approve, approve with conditions, or disapprove an application for a Plat Vacation, after
considering a recommendation by the Community Development Department; and,
WHEREAS, the Community Development Department reviewed the application for a
Plat Vacation regarding the property located at 214 E. Bleeker Street (Lots N, 0, P and Q, Block
72, of the City and Townsite), City of Aspen, Pitkin County, Colorado and recommended approval
with conditions; and,
WHEREAS, the Aspen City Council has reviewed and considered the Plat Vacation
proposal under the applicable provisions of the Municipal Code as identified herein, has reviewed
and considered the recommendation of the Community Development Director, the applicable
referral agencies, and has taken and considered public comment at a public hearing; and,
WHEREAS, the City Council fmds that the Plat Vacation proposal meets or exceeds all
applicable development standards and that the approval of the development proposal, with
conditions, is 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 ASPEN CITY COUNCIL AS
FOLLOWS:
Section 1
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Plat
Vacation for the property located at 214 E. Bleeker St, City of Aspen, Pitkin County, is approved
with the following conditions:
1. The applicant shall submit and record a plat vacation that meets the terms of
Chapter 26.480, and conforms to the requirements of the Land Use Code, in
the office of the Pitkin County Clerk and Recorder no later than 180 days after
approval of this ordinance.
Section 2:
This Ordinance 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.
Section 3:
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 thereof.
Section 4:
A public hearing was held on the 9th and 23rd day of January, 2006, at 5:00 PM in City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public
notice of the same was published in a newspaper of general circulation within the City of Aspen.
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.
Attest:
FINALLY, adopted, passed and approved by a
vote on this lOth day of April, 2006.
Attest:
Approved as to form:
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orees er, City Attorney