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RESOLUTION NO. Q1;
(SERIES OF 2006)
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A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL AND REVERSING AN INTERPRETATION OF THE LAND USE
CODE MADE BY THE COMMUNITY DEVELOPMENT DIRECTOR.
WHEREAS, the Community Development Director is authorized to make
interpretations of the text of Title 26 - The Land Use Code - and to the boundaries of the
official Zone District Map, pursuant to Chapters 26.210 and 26.306; and,
WHEREAS, the Community Development Director received a request for a
Interpretation of Title - a "Code Interpretation" - from Mr. Bob Nix on February 21,
2006; and,
WHEREAS, on February 24, 2006, the Community Development Director
provided a written response to the request stating that a code interpretation code not be
rendered because the request did not seek to clarify the text of the Land Use Code but
rather sought answers to a specific development application; and,
WHEREAS, Mr. Bob Nix considered the Community Development Director's
not rendering a Code Interpretation to be itself a Code Interpretation and filed an appeal;
and,
WHEREAS, the City Council, pursuant to Chapters 26.208 and 26.316, is
authorized to hear appeals of Code Interpretations and 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 decision; and,
WHEREAS, the City Council has considered the case record, written and verbal
testimony by Chris Bendon, Community Development Director, and Bob Nix, Appellant,
at a duly noticed public meeting, and has found that the Director either exceeded his
jurisdiction, abused his discretion, or violated due process in rendering the interpretation.
NOW, THEREFORE BE IT RESOLVED that the City of Aspen City Council
approves the appeal of the Community Development Director's Code Interpretation
regarding the ability to render Code Interpretations for specific development projects.
Section I:
The Community Development Director shall provide a written Code Interpretation to Mr.
Bob Nix's February 21,2006, letter of request.
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repealed or amended as herein provided, and the same shall be conducted and concluded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.
City CounCil Resolution No. ~, Series of 2006.
Page I
Section 2:
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
,2006.
ATTEST:
Kathryn S. Koch, City Clerk
Helen Kalin Klanderud, Mayor
APPROVED AS TO FORM:
John Worcester, City Attorney
C:\homelCurrent PlanninglBob NixlCC Reso.doc
City Council Resolution No. ~, Series of 2006.
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