HomeMy WebLinkAboutordinance.council.024-90
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ORDINANCE NO. 24
(SERIES OF 1990)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION AND VESTED RIGHTS FOR THE ELLER LOT SPLIT
WHEREAS, pursuant to Section 7-1003 of the Aspen Land Use
Code, a Lot Spl1t is a subd1vision exemption by the C1ty Council;
and
WHEREAS, Linda S. Eller has subm1tted an application for the
lot spl1t of Lots E-I, Block 46, C1ty and Townsite of Aspen; and
WHEREAS, the Eng1neering Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office, hav1ng reviewed the
application pursuant to Sect10n 7'-1003, and rev1eW1ng referral
comments from Engineering, recommends approval w1th the following
conditions:
1. Prior to the filing of the final plat:
a. the f1nal plat shall satisfy the Engineering Department
requirements of Section 7-1004 C. and D. of the Land Use
Code.
b. a Curb, Gutter and Sidewalk Improvement Agreement shall be
f1led between the appl1cant and the city;
c. the applicant shall agree to j01n any future improvement
d1str1cts,
d. the final plat shall 1nclude a proh1bition aga1nst further
subdiv1s1on and a requ1rement that addit10nal development
shall comply with the appllcable provisions of the Land Use
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Code;
e. the final plat shall include a statement that any future
construct1on on the lots shall not alter the historic
dra1nage patterns.
2. A Subd1vis1on Exempt10n Agreement shall be subm1tted in a
form acceptable to the C1ty Attorney;
3. The final plat w1ll be recorded only upon sat1sfaction of the
above condit1ons.
WHEREAS, the Aspen city council having considered the
Planning Off1ce' s recommendations for lot split does wish to
grant the requested SUbdivision Exempt10n and Vested R1ghts for
the Eller Lot Spl1t.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
That 1t does hereby grant a Subd1vision Exemption for a Lot
Split, with the previously mentioned cond1tions recommended by
the Planning Office, to Lots E-I, Block 46, Townsite of Aspen.
section 2:
That 1t does hereby grant Vested Rights for this Lot Split
for a per10d of three (3) years from the effect1ve date hereof 1n
accordance with the terms and prov1sions of Sect10n 6-207 of the
Aspen Land Use Code.
section 3:
That the C1ty Clerk be and hereby is directed, upon the
adopt1on of this ord1nance, to record a copy of this ord1nance in
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the office of the P1tkin County Clerk and Recorder.
section 4:
If any section, subsect1on, sentence, clause, phrase or
portion of this ordinance is for any reason inval1d or
unconstitutional by any court of competent )ur1sd1ct1on, such
provis1on and such hold1ng shall not affect the valid1ty of the
remaining portions thereof.
section 5:
Nothing in this ordinance shall be construed to affect any
right, duty or liabil1ty under any ord1nance 1n effect pr10r to
the effective date of this ord1nance, and the same shall be
cont1nued and concluded under such prior ordinances.
section 6:
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A publ1c hearing on the Ord1nance shall be held on the ~~
day Of~, 1990 at 5:00 P.M. in the city Council Chambers,
Aspen C1ty Hall, Aspen Colorado, fifteen (15) days prior to which
a hear1ng of public notice of the same shall be published in a
newspaper of general circulat10n within the C1ty of Aspen.
INTRODUCED, READ AND ORDEREID PUBLISHED as provided by law,
by the C1 ty Counc1l of the city of Aspen on the ~ ~ day of
1/rLtLJ.uJL , 1990.
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Will1am L. St1rl1ng, Mayor
AT~T: . ,)
Jt;d::r-<<~1<) \I~.
Kathryn SjVKoch, city Clerk
FINALLY, adopted, passed and approved th1s
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ATTEST:
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Kathryn S~KOCh, C1ty Clerk
jtkvjjeller.ord
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William L. St1rl1ng, Mayor
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