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HomeMy WebLinkAboutordinance.council.016-90 ORDINANCE NO. --- (SERIES OF 1990) AN ORDINANCE OF T~E ASPEN CItY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION OF THE VANDEUSEN DUPLEX W~EREAS, pursuant to Section 7-1007 of the Aspen Land Use Code, a Condominiumizatlon is a SubdIvision Exemption by the City Council; and WHEi~EAS, Ed and Diana 'Van Deusen have submitted an application for the Condominiumizat~on of their duplex located at 1006 E. Hyman #A & B, lots K, L, and M Block 33 East Aspen Addition; and WHEREAS, the Engineering Department, having reviewed the applIcation has made referral cdmments; and WHEREAS, the Building Department has made the required inspection of the structure; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 7-1007, and reviewing the referral comments from Engineering, recommends approval with the following conditions: 1. The applicant shall join in any special improvement districts if any are formed. 2. A Subdivision Exemption Agreement and a condominlumizatlon plat drawn to the specifications of the Engineering Department shall be filed with the County Clerk prior to the sale of any unit. 3. Removal of the fence in the rIght-of-way at the southeast corner of the property, or approval for an encroachment license by City Council. 4. Rental of either unit shall be restricted to 6 month minimum leases, with no more than 2 shorter tenancies per year. 5. Deed restriction of the units with the Housing Authority, or payment of the Affordable Housing Impact Fee of $8,050.00 for each unit not restricted, payable to the Finance Director at the t~me the condom~niumizatlon plat is filed. WHEREAS, the Aspen city Council having considered the Planning Office's recommendations for Condominiumization does wish to grant the requested Subdivision Exemption for the Van Deusen Condominium~zation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant a Subdivision Exemption for condomlnlumization, with the previously mentioned conditions recommended by the Planning Office, to the Van Deusen duplex at 1006 E. Hyman #A & #B, Lots K,L,M Block 33, East Aspen Addition. Section 2: That the city Clerk be and hereby is directed, upon the adoption of this ordinance, to record a copy of thms ordinance in the office of the Pltkin 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 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 day of ~~, 1990 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general cIrculation wlthin the City of Aspen. IN~ODUCED, ~AD ~D ORDE~D PUBLISHED as provided by law, Kalene. Koch, City Clerk FINA~Y, adopted, passed and approved this ~day of ~illiam L. ]tkvj/vsndLord