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HomeMy WebLinkAboutordinance.council.010-90 (SERIES 99o) ~ ORJ)INA~I'CE O~ ~ CITY COLTNCIL O~ ~ CITY O~ AS~EN VESTING TH]~ ~, Elaine Kraut submitted for approval to the City Council a Subdivision Exemption for a Lot Split; and ~E~, the C~ty Council reviewed and approved said Lot Split on January 8, 1990; and ~, Elaine Kraut has requested that the development rights for the Kraut Lot Split be vested pursuant to Section 6- 207 of the Aspen Land Use Regulations; and ~E~S, the Aspen City Council desires to vest development rights in the Kraut Lot Split pursuant to Section 6-207 of the ~nd Use Regulations for a period of three years from the effective date hereof subject to the te~s and conditions contained ~n the Subdivision of the Kraut Lot Split and herein below. NOW, THE~FO~, BE IT ORDAINED BY T~ CITY CO~CIL OF T~ CITY OF ~PEN, CO~. SECTION 1 The City Council of the C~ty of Aspen, as a conse~ence of its approval of the Kraut Lot Split, Lots E through I, Block 105, Aspen Townsite, and pursuant to Section 6-207 of the Land Use Regulations of the City of Aspen, hereby vests development rights in the Kraut Lot Split for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the te~s and conditions attendant to th~s approval shall result in the forfeiture of said vested rights property rights. Failure ~;1 I'~'~,' [)~:~,~ ~ I-'~ ~_[ I~~ CI~ F],'~I I ,, I),~, ~,,©'-~ by this~e shall also result in the forfeiture of said vested rights; and SECTION 2 The approval granted hereby shall be subject to all rights of referendum and judicial review; except that the period of time permitted by law for the exercise of such rights shall not beg~n to run until the date of publication of this ordinance following its adoption. SECTION 3 Zoning that is not a part of the site specific development plan approved hereby shall not result in the creation of a vested property right. SECTION 4 i~~ Nothing in this approval shall exempt the Lot Spl~t development from subsequent reviews and approvals required by th~s approval of the general rules, regulations and ordinances or the C~ty of Aspen provided that such reviews and approvals are not inconsistent with this approval. SECTION 5 The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the City of Aspen including, but not limited to, building, fire, plumbing, electrical and mechanical codes. SECTION 6 ~..~ If any section, sub-section, sentence, clause, phrase or porti6n 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 7 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 8 A public hearing on the Ordinance shall be held on the ~~--~ day of ~ 1990, 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, ~ty Council of the City of Aspen on the =~c~-~--~day of ATTEST: Kat~E~:~.~/ 'Koch, City Clerk q" FINALLY, adopted, passed and approved this ~Q~C/day of , 1990. ~ ATTEST: .. '.~ Kfithryn~. Koch, City Clerk