HomeMy WebLinkAboutordinance.council.023-89ORDINANCE NO. 23
(Series of 1989)
AN ORDINANCE OF THE ASPEN CITY COUNCIL AUTHORIZING AN
ADMINISTRATIVE DELAY IN THE ACCEPTANCE OR PROCESSING OF ANY
APPLICATION FOR A BUILDING PERMIT FOR DEMOLITION OF ANY DUPLEX OR
MULTI -FAMILY RESIDENTIAL DWELLING IN THE CITY OF ASPEN OR FOR ANY
LAND USE APPLICATION FOR REPLACEMENT OF DUPLEX OR MULTI -FAMILY
RESIDENTIAL DWELLINGS AND ESTABLISHING A PENALTY PROVISION FOR
VIOLATIONS HEREOF
WHEREAS, it has come to the attention of the Aspen City
Council (hereinafter, the "Council") that portions of the
existing inventory of duplex and multi -family residential
dwellings is threatened with demolition, which will cause the
loss of a significant amount of the resident housing stock in
Aspen and will change the character of existing neighborhoods in
an undesirable manner; and
WHEREAS, it has also come to the attention of the Council
that despite the considerable efforts involved in the recent
adoption of Ordinance 47, Series of 1988, the Aspen Land Use
Regulations do not provide adequate standards for the review of
residential development applications for redevelopment of land on
which duplex and multi -family housing is being displaced and;
WHEREAS, the Council deems it to be in the best interests of
the City to re -assess the Housing Replacement Program, to take
into account the recent actions by the City and County voters to
fund affordable housing and to determine if better approaches
than that enacted in Ordinance 47 can be adopted; and
WHEREAS, the Aspen Planning and Zoning Commission is
currently evaluating a proposed Affordable Housing Zone District,
intended to provide further options for the development of
affordable housing in Aspen; and
WHEREAS, the Council has determined that in order to provide
adequate time to study the problems associated with the loss of
resident housing units and to formulate an action plan to address
these problems, while avoiding the risks and negative aspects
which may result therefrom, it is in the best interests of the
City, its inhabitants and visitors to impose an administrative
delay of three months, as provided hereinbelow.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The Council does hereby authorize an administrative delay
until September 12, 1989 with regard to the acceptance of new
applications or processing of any non -vested applications(as
defined by the Aspen Land Use Regulations) for building permit to
demolish any duplex or multi -family residential dwelling within
the City of Aspen.
Section 2
The Council does hereby authorize an administrative delay
until September 12, 1989 with regard to the acceptance of new
land use applications or processing of any non -vested land use
applications (as defined by the Aspen Land Use Regulations) which
involve demolition of any existing duplex or multi -family
dwelling units.
Section 3
The City Manager is hereby directed to implement the
administrative delay through the aforementioned period until such
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time as the administrative delay period expires, is extended, or
is lifted as hereinbelow provided.
Section 4
A violation of any portion of this Ordinance shall prohibit the
owner, successor or assigns from obtaining a building permit for
the affected property for a period of five years from the date of
such violation. The City shall initiate proceedings to place a
deed restriction on the property to this effect to insure the
enforcement of this penalty.
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
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
Section 7
A public hearing on the Ordinance shall be held on the
day of , 1989, at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to
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which hearing notice of the same shall be published once in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the day of ,
1989.
illiam L. Stirling, Mayor
ATTEST:
Kathryn SW Koch, City Clerk
FINALLY, adopted, passed and approved this �� day of
1989.
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William L. Stirling, Ma r
ATTEST:
Kathryn Koch, City Clerk
ccdelayord
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