HomeMy WebLinkAboutresolution.council.024-17 RESOLUTION NO. 24,
(SERIES OF 2017)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REQUESTING
AMENDMENTS TO THE LAND USE CODE REGARDING "DOUBLE
i BASEMENTS."
WHEREAS, pursuant to Section 26.310.020(A), the Community Development
Department received direction from City Council to amend the land use code to remove.
the limitation on the number of floor levels that may be located below grade for single-
family and duplex development; and,
WHEREAS,pursuant to Section 26.310.020(B)(1), the Community Development
Department conducted Public Outreach to subscribers of the community development
department newsletter, the Historic Preservation Commission, and the Planning and
Zoning Commission; and,
WHEREAS, City Council has reviewed the proposed code amendment policy
direction, and finds it meets the criteria outlined in Section 26310.040; and,
WHEREAS, pursuant to Section 26.310.020(B)(2), during a duly noticed public
hearing on February' 27`h. 2017, the City Council approved Resolution No. 24, Series of
2017, by a - vote,vote, requesting code amendments to the Land Use Code; and,
WHEREAS, this Resolution does not amend the Land Use Code, but provides
direction to staff for amending the Land Use Code; and,
WHEREAS, the City Council finds that this Resolution furthers and is necessary
for the promotion of public health, safety, and welfare.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1: Code Amendment Obiective and Direction
The objective of the proposed Land Use code amendment is to amend the Code language
regarding "double basements" to remove the limitation on the number of floor levels that
may be located below grade, while maintaining the overall excavation limit of 15 feet.
Section 2:
This Resolution 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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior resolutions or ordinances.
Resolution No. 24, Series 2017
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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.
FINALLY, adopted this 97`h day of February, 2017.
i
Steven Skadron Mayor
ATTEST: APPROVED AS TO FORM:
Linda Manning, City lerk ames R True, City Attorney
Resolution No. 24, Series 2017
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