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RESOLUTION NO. q8 ,
(SERIES OF 2006)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING AN
APPEAL AND REVERSING AN INTERPRET A TlON OF THE LAND USE
CODE REGARDING FAILED MOTIONS AND TIE VOTES.
(Reversing Interpretation)
WHEREAS, the Community Development Director received a request for an
interpretation of the City of Aspen Land Use Code regarding failed motions and tie votes
from Jody Edwards on behalf of the Chateaus DuMont and Chaumont and individual
owners within these projects, Tom Todd on behalf of the Aspen Alps, and David Myler
on behalf of the Sky Hotel; and,
WHEREAS, the Director rendered an interpretation and the Applicant, Jody
Edwards on behalf of the Chateaus DuMont and Chaumont and individual owners within
these projects, believes the Director exceeded his jurisdiction and abused his discretion
and sought an appeal based on such grounds; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm an
interpretation of the Land Use Code made by the Community Development Director or
reverse or modify the interpretation upon a finding that there was a denial of due process,
exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and verbal
testimony from Jody Edwards on behalf of the Chateaus DuMont and Chaumont and
individual owners within these projects, Tom Todd on behalf of the Aspen Alps, and
David Myler on behalf of the Sky Hotel, and the Community Development Director and
has found that the Director either exceeded his jurisdiction or abused his authority in
rendering the interpretation; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and
is necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council approves the appeal of
the Community Development Director's Interpretation of the Land Use Code regarding
failed motions and tie votes and reverses the decision as follows:
Section 1:
A failed motion to approve an application before the Planning and Zoning Commission,
the Historic Preservation Commission, or the Board of Adjustment shall be considered an
action to deny the application. A tie vote shall be considered a failed motion.
Section 2:
This Resolution shall not affect any eXlstmg litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
Resolution No."1~ , Series of 2006. Page 1
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 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
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I
,2006.
ATTEST:
APPROVED AS TO FORM:
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orces er, City Attorney
Resolulion NO.'f~ Series of2006. Page 2