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HomeMy WebLinkAboutordinance.council.038-89 ORDINANCE NO. '~ ~ (Series of 1989) ~ ~ AN ORDINANCE AMENDING ORDINANCE NO. 68 (SERIES OF 1982) WITH RESPECT TO A CLERICAL ERROR MIS-IDENTIFYING THE LOTS AND BLOCKS OF THE MOLLY GIBSON LODGE WHEREAS, on September 13, 1982, city Council adopted Ordinance No. 38 (Series of 1982) establishing an L-3 zone district for the purposes of preserving existing lodges which had been zoned to a non-conforming status by an action of City Council during the 1970's; and WHEREAS, on November 22, 1982, the City Council adopted Ordinance No. 68 (Series of 1982) to rezone twenty-five (25) lodges to L-3, Lodge Preservation, and identified these lodges in Exhibit "A" as annexed thereto and incorporated therein; and WHEREAS, on or about May 25, 1989, the record owners of Lots R and S, Block 59, Aspen Original Townsite, determined that the City had mistakenly and inappropriately identified Lot R, Block 59, as being part of the Molly Gibson Lodge in the 1982 rezoning; and WHEREAS, a subsequent review of the records by the Planning Director and the City Attorney's Office determined that the City inadvertently and mistakenly identified Lot R, Block 59, as being part of the Molly Gibson Lodge and so reflected this clerical error on the official zoning map maintained by the City Engineer- ing Department. Further, the aforementioned investigation deter- mined that in its 1982 rezoning the City inadvertently and mis- takenly omitted the inclusion of Lot O, Block 59, Original Aspen Townsite, as being a portion of the Molly Gibson Lodge. This lot should have been zoned L-3 pursuant to the action taken through Ordinance No. 68 (Series of 1982); and WHEREAS, the city Council, having been advised of the inadvertent mistakes made in 1982 directed the City Attorney's office to rectify this mistake in the appropriate manner. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 24-2.2 of the Municipal Code entitled "Zoning District Map" is hereby amended to correct an inadvertent cleri- cal error misidentifying the Molly Gibson Lodge as being located on Lots P, Q and R, Block 59, Aspen Original Townsite. The Planning Director is hereby authorized to properly reflect that the Molly Gibson Lodge is properly located on Lots O, P and Q, Block 59, Aspen Original Townsite, and to correct the inadvertent mistake previously reflected on the official zoning district map. Section 2 The City Engineer is hereby directed to amend the zoning district map consistent with the requirements of the Aspen Municipal Code as described in Section 1 above. Section 3 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 2 portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 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 5 A public hearing on the ordinance shall be held on the /~~/A~ day of ~~ , 1989, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~~ day of .......... i ~am L. Stirling, Mayor ~Ka~hryn 'S//Koch, City Clerk ~ ~-~",~INALLY adopted, passed and approved this ay of '~'K&t~Fy~*~ 'Koch, City Clerk