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RESOLUTION NO. k:1!3
(SERIES OF 2007)
(Affirming Decision)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL AFFIRMING A
DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR
REGARDING THE COMMERCIAL CORE MORATORIUM.
WHEREAS, the Community Development Director received a request for a
decision on the eligibility of a change in tenancy at the Mill Street Plaza building for an
exemption from the moratorium on building permits in the Commercial Core pursuant to
Ordinance No. 51, Series of 2006, and as amended by Ordinances 2 and 26, Series of
2007; and,
WHEREAS, the Director rendered a decision and the Applicant, Sunny Vann on
behalf of M& W Properties, sought an appeal; and,
WHEREAS, the City Council, pursuant to Chapter 26.316, may affirm a decision
regarding the moratorium made by the Community Development Director or reverse or
modify the decision 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 taken and considered written and verbal
testimony from Sunny Vann and the Community Development Director and has found
that the Director provided due process and neither exceeded his jurisdiction or abused his
authority in rendering the decision; 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 affirms the
Community Development Director's decision of the Land Use Code regarding a change
in tenancy at the Mill Street Plaza building and the moratorium on building permits in the
Commercial Core.
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
repealed or amended as herein provided, and the same shall be conducted and concluded
under such prior ordinances.
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
Resolution No. ~8, Series of2006. Page I
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 ~007.
ATTEST:
APPROVED AS TO FORM:
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Resolution No. ~ Series of2006. Page 2