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ORDINANCE NO. 28
(SERIES OF 2006)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL APPROVING A
CONSOLIDATED CONCEPTUAL/FINAL PUD TO ALLOW FOR THE LIFT
ONE CONDOMINIUMS TO CONSTRUCT GABLE AND CHIMNEY ROOF
IMPROVEMENTS, CITY OF ASPEN, PITKIN COUNTY, COLORADO.
WHEREAS, the Community Development Department received an application
from the Lift One Condominium Association, owners, represented by Paul Taddune,
requesting approval of a consolidated conceptual/final PUD application to construct gable
roof and chimney improvements to the Lift One Condominiums, 131 E. Durant Avenue,
City and Townsite of Aspen; and,
WHEREAS, the Applicant requested that the Community Development Director
consolidate the conceptual and final PUD reviews pursuant to Land Use Code Section 26.
445.030(8)(2), Consolidated Conceptual and Final Review; and,
WHEREAS, the Community Development Director granted consent for the
Applicant to consolidate the review of the conceptual and final PUD requests pursuant Land
Use Code Section 26. 445.030(8)(2), Consolidated Conceptual and Final Review, finding
that the application has a limited scope of issues; and,
WHEREAS, a consolidated conceptual/final PUD requires review by City Council
after considering a recommendation from the Community Development Director and the
Planning and Zoning Commission pursuant to Land Use Code Section 26.445, Planned Unit
Development; and,
WHEREAS, during a duly noticed public hearing on June 6, 2006, the Planning
and Zoning Commission approved Resolution No. 21, Series of 2006, by a four to one (4-
I) vote, recommending that City Council approve a consolidated conceptual/final PUD to
construct gable roof and chimney improvements to the Lift One Condominiums, City and
Townsite of Aspen; and,
WHEREAS, during a duly noticed public hearing on July 24, 2006, the Aspen
City Council reviewed the proposed consolidated PUD and continued the review to
August 28, 2006; and,
WHEREAS, a publicly noticed site visit was conducted by City Council on August
7, 2006; and,
WHEREAS, during a continued public hearing on August 28, 2006, the Aspen
City Council approved Ordinance No. 28, Series of 2006, by a _ to _ L--.J
vote, approving with conditions, a consolidated conceptual/final PUD to construct gable
roof and chimney improvements to the Lift One Condominiums, 131 E. Durant A venue,
City and Townsite of Aspen; and,
WHEREAS, the Aspen City Council has reviewed and considered the development
proposal under the applicable provisions of the Municipal Code as identified herein, has
reviewed and considered the recommendation of the Planning and Zoning Commission, the
Community Development Director, the applicable referral agencies, and has taken and
considered public comment at a public hearing; and,
WHEREAS, the City Council finds that the development 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 CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO THAT:
Section I:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal
Code, City Council hereby approves a consolidated conceptuallfinal PUD to construct
gable roof and chimney improvements to the Lift One Condominiums, subject to the
conditions contained herein.
Section 2: Final PUD Plans
A final PUD Plan shall be recorded in the Pitkin County Clerk and Recorder's Office
within 180 days of the final approval and shall include the following:
A. A drawing representing the project's architectural character.
Section 3: PUD Approvals
The approvals granted herein an: explicitly to allow for the roof and chimney
improvements proposed on the roof plan and elevation drawings attached as Exhibit "E"
to the Staff Memorandum dated August 28, 2006. These drawings are dated July 19,
2006. The building height as shown on the above referenced elevation drawings is
legalized through this PUD, but all other non-conforming dimensional requirements shall
remain non-conforming and are not legalized through the approval of this PUD. The
chimneys shall only be permitted to extend up to three (3) feet above the height of the
existing chimneys.
Section 4:
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 construed and concluded under such
prior ordinances.
Section 5:
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 6:
A public hearing on this ordinance was held on the 24th day of July, 2006, in the City
Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City
Council of the City of Aspen on the 26th day of June, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved by a vote of _ to _L-~, this 28 day of
August, 2006.
Helen Kalin Klanderud, Mayor
Attest:
Kathryn S. Koch, City Clerk
Approved as to form:
John P. Worcester, City Attorney