HomeMy WebLinkAboutordinance.council.053-87
ORDINANCE NO. S3
(Series of 1987)
AN ORDINANCE AMENDING ORDINANCE NO. 5 (SERIES OF 1986),
ARTICLE II, SECTION 11-2.3. OF THE MUNICIPAL CODE OF
THE CITY OF ASPEN, COLORADO, BY THE ADDITION OF A NEW
SUBSECTION PROVIDING FOR AN -OFFSET- VARIANCE AND
SETTING FORTH THE STANDARDS TO BE MET FOR SUCH A
VARIANCE AND ENFORCEMENT MECHANISMS FOR VARIANCE
PERMITS.
WHEREAS, the solid fuel burning regulations for the City of
Aspen and Pitkin County are identical concerning the numbers and
types of solid fuel burning devices allowed; and
WHEREAS, the Air Pollution Regulations contained in Title
III of the Pitkin County Code provide for an noffsetn variance
and set forth the standards to be met for such a variance and
enforcement mechanisms for variance requests; and
WHEREAS, the City Council desires to simplify the
regulations for the City of Aspen by making laws consistent
within the City of Aspen and Pitkin County, and agrees with the
approach used by Pitkin County in this matter; and
WHEREAS, the City Council has determined that it is in the
best interests of the health, safety and welfare of the residents
and visitors of the City of Aspen to approve such an noffset n
variance and that such variance is consistent with the
legislative policy of the Municipal Code of the City of Aspen;
NOW, THEREFORE, BE IT RESOLVED:
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Section 1
That the Municipal Code of the City of Aspen, Colorado, be
and is hereby amended by the addi tion of a new subsection 11-
2.3.1 to read as follows:
R(a) In circumstances where there is no economic
hardship or practical difficulty, a person may
apply for an RoffsetR variance if the result of
the variance application is a net decrease in air
pollution emissions to a ratio of at least 3 : 1,
according to an RoffsetR variance ratio
calculation formula established by the
Environmental Health Department and approved by
the City of Aspen Clean Air Board. The Roffset"
shall be achieved only by the permanent removal of
lawful pre-existing fireplaces and non-certified
woodstoves or their permanent replacement with
certified low-emissions solid fuel burning devices
or gas log appliances or gas log fireplaces.
Prior to hearing, the Board shall require the
applicant to provide such notice to adjacent
landowners and public notice (by posting or
otherwise) as it deems necessary. The burden of
proof on all issues in the application and the
hearing shall be on the applicant. No RoffsetR
variance shall be granted unless the Board makes
specific findings of overall public benefit and no
significant adverse neighborhood impact. If an
RoffsetR variance is granted, a permit shall be
issued by the Board, which permit shall contain
enforcement and security conditions to the
satisfaction of the Environmental Health
Department, Building Department and City Attorney,
including, without limitation, the recording of
the permit in a form sufficient to encumber all
real property affected by the variance and
providing for, without limitation, (i) stipulated
enforcement by injunction and/or other appropriate
remedies; {ii> payment of the City's attorney
fees; (iii) reasonable inspections of the premises
by City representatives; (iv) permit terms binding
on successors and assigns; and (v) a stipulated
liquidated damages provision for violation of the
terms of the permit of $300 per day, per device,
per violation."
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Section 2
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid or
unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and shall not affect the validity of the remaining
portion thereof.
Section 3
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 4
A public hearing on the ordinance shall be held on the~~~
day of ~HL€/1<-t..fJ,j1987, at ~H~ ~ ~ Aspen,
Colorado.
INTRODUCED, READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the 9 th day of ~u:...e-rJ'LI!PL
1987 .
#.<A
William L. Stirling, Mayor
ATTEST:
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~1' paS~~~7 ~nd approved this ~..$-d
day of
ATTEST:
~~ xl4~ .
Kathryn . Koch, City Clerk
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