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HomeMy WebLinkAboutordinance.council.077-89 ORDINANCE NO. 77 (SERIES OF 1989) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPI'ION FOR THE CONDOMINIUMIZATION OF PITKIN ROW WHEREAS, pursuant to section 7-1007 of the Aspen Land Use Code, a Condominiumization is a Subdivision Exemption by the city Council; and WHEREAS, Catherine McMahon, Garfield and Hecht, P.C. representing 57, Inc. and Aspen Consolidated Venture Corp., has submitted an application for the Condominiumization of pitkin Row located at 704-720 East Hopkins Avenue; and WHEREAS, the Engineering Department, having reviewed the application has made referral comments; and WHEREAS, the Housing Authority, having reviewed the application has made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to section 7-1007, and reviewing the referral comments from Engineering and Housing, recommends approval with the following conditions: 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not be limited to: a) a 6x8 foot transformer easement at the northwest corner of the property and 4x4 foot pedestal easements along the north property line of each of the three lots; b) all parking spaces; 2. A certified engineer shall determine that historic runoff is maintained. 3. Prior to the signature of the final plat, a Subdivision Exemption Agreement for Pitkin Row shall be filed with the City Attorney. Attached to the Agreement shall be a covenant with the City of Aspen (that cannot be altered, deleted, or amended without the express written consent of the City of Aspen) stating that the condominium units shall be deed restricted to six month minimum leases, with no more than 2 shorter tenancies per year. 4. Prior to signature of the final plat, an affordable housing impact fee shall be paid in the amount of $48,300.00 to the Housing Authority for a receipt to the Finance Director. WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for Condominiumization does wish to grant the requested Subdivision Exemption for the Pitkin Row Condominiums. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That is does hereby grant a Subdivision Exemption for condominiumization, with the previously mentioned conditions recommended by the Planning Office, to Pitkin Row Condominiums at 704-720 East Hopkins Avenue, Lots 10-16 Block 28. section 2: That the City Clerk be and hereby is directed, upon the 2 adoption of this ordinance, to record a copy of this ordinance 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 unconsti tutional by any court of competent jurisdiction, such provision and such holding 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 g~ day Of~, 19~at 5:00 P.M. in the City Council Chambers, Aspen~ty Hafi, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published one in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, /JhC- day of by the City Council of the City of Aspen on the Ifh ~~V , 1989. ---~~A William L. stirling, Mayor A~. ST: J // ~~~tJ vi ;L/)~ KathryLYn. Koch, City Clerk 3 passed and approved this ~. F day of FINALLY, adopted, ~atL~t , 19:. ;l~ (} ATTEST: cc.pitkin.row.ord dL~ city Clerk ~./~ william L. stirling, Mayor 4