HomeMy WebLinkAboutordinance.council.063-89
ORDNANCE NO. tL3
(series of 1989)
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AN ORDINANCE OF THE CITY OF ASPEN AMENDING CHAPTER 24, ARTICLE 5,
DIVISION 2, SECTION 5-203 (D) (5) OF THE MUNICIPAL CODE PERTAINING
TO THE MINIMUM SIDE YARD IN THE MODERATE DENSITY ffi~SIDENTIAL (R-
15A) ZONE DISTRICT
WHEREAS, the Planning and Zoning commission recommended
enactment of a new zone district (R-15C) to allow the Harbor Lane
property owner the ability to have a 7.5 ft. side yard setback in
order to become a conforming structure and add-on to the existing
dwelling; and
WHEREAS, the Planning Office finds that an amendment to the
R-15A zone district allowing 7.5 ft. side yard on recently
annexed lots would address the concern of the property owner and
be a much simpler regulatory approach; and
WHEREAS,
the City Council,
having considered the
recommendation of the Planning Office and Planning Commission,
desires to amend Article 5, Division 2, Section 5-203(0)(5) of
the Aspen Land Use Regulations so as to allow 7.5 ft. side yard
on recently annexed lots in the Moderate Density Residential (R-
15A) zone district.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Article 5, Division 2, Section 5-203(0) (5) of Chapter
24 of the Municipal Code of the City of Aspen, Colorado be
amended to read as follows:
"5. Minimum side yard (ft.): 10. On lots subdivided prior
to and annexed subsequent to January 1, 1989 minimum
side yard can be 7.5 as long as the total side yard is
no less than 20.
section 2
That the City Clerk is directed upon adoption of this
ordinance to record a copy in the office of the Pitkin County
Clerk and Recorder.
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
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 ordinance 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
day of , 1989, at 5:00 P.M. in the City Council
Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days
prior to 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.
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william L. stirling, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
FINALLY, adopted, passed and approved this
, 1989.
day of
william L. stirling, Mayor
ATTEST:
Kathryn s. Koch, City Clerk
ANNEX.R15A.AMENO
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