HomeMy WebLinkAboutordinance.council.076-90 ORDINANCE NO. 76
(Series of 1990)
AN ORDINANCE ESTABLISHING A MAXIMUM GRADE FOR NEW AND REBUILT
DRIVEWAYS THAT ACCESS PUBLIC OR PRIVATE STREETS AND ALLEYS BY
AMENDING SECTION 5-302 "CHARACTERISTICS OF OFF-STREET PARKING
SPACES", SECTION 19-101 "DRIVEWAY AND CURB CUT SPECIFICATIONS",
AND SECTION 19-102 "VARIATIONS IN CURB CUTS ALLOWED FOR UNI3SUAL
CONDITIONS", OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLO-
RADOo
WHEREAS, the City of Aspen has experienced a steady increase
in the construction and/or installation of below-grade garages,
parking spaces/areas and driveways abutting or adjacent to public
and private streets, alleys and rights-of-way; and
WHEREAS, recently constructed below-grade garages, parking
areas and driveways have slopes leading onto streets or alleys as
steep as 30% as measured by the City Engineer; and
WHEREAS, the steep slope of below-grade driveways and
parking spaces require or encourage increased vehicle accelera-
tion to enter or maneuver onto the streets or alleys serving
same; and
WHEREAS, below grade driveways and parking areas present
serious and dangerous line of sight problems for vehicle opera-
tors and pedestrians alike; and
WHEREAS, snow, ice and heavy rainfall can cause below-grade
driveways and parking areas to become more difficult and danger-
ous for vehicles and pedestrians to maneuver upon, even where
such driveways and parking areas are supplied with heating
equipment; and
WHEREAS, the City Council of the City of Aspen deems it
necessary to the protection of the public to regulate the ingress
and egress of vehicles to and from public and private streets and
alleys and to promote public safety for pedestrians and vehicle
traffic alike.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO, THAT:
Section 1
Section 5-302A, "Characteristics of Off-Street Parking
Spaces", of Chapter 24 of the Municipal Code of the City of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 5-302. Characteristics of Off-Street Parking Spaces
and Access to Street or Alley°
A. General. Each off-street parking space shall consist
of an open area measuring eight and one-half (8~) feet
wide by eighteen (18) feet long and seven (7) feet high
with a maximum slope of twelve (12) percent in any one
direction. Each parking space, except those provided
for detached residential dwellings and duplex dwell-
ings, shall have an unobstructed access to a street or
alley. No driveway shall exceed a maximum slope of
twelve (12) percent within twenty (20) feet of a
property line bordering a public or private right-of-
way. Off-street parking must be paved with all-weather
surfacing or be covered with gravel and maintained in a
useable condition at all times.
Section 2
Section 19-101, "Driveway and Curb Cut Specifications", of
Chapter 19 of the Municipal Code of the City of Aspen, Colorado,
is hereby amended by adding new subsection "(h)" to read as
follows:
Sec. 19-101. Driveway and Curb Cut Specifications.
(h) Ail newly constructed or rebuilt driveways shall not
exceed a maximum slope of twelve (12) percent within
twenty (20) feet of a property line bordering a public
or private right-of-way.
Section 3
Section 19-102, "Variations in Curb Cuts Allowed for Unusual
Conditions", of Chapter 19 of the Municipal Code of the city of
Aspen, Colorado, is hereby amended to read as follows:
Sec. 19-102. variations in Driveways and Curb Cuts Allowed
for Unusual Conditions. Under unusual conditions of topo-
graphy, drainage, existing landscaping or improvements on
city right-of-way, existing buildings or improvements on
private property, or special use requirements for the
property, a variance from the requirements in Section 19-101
for driveways and curb cuts may be given by the City
Engineer upon filing a written application and a plot plan
showing the building site and special conditions existing
thereon. Any person aggrieved of a decision by the City
Engineer under this section may seek a variance from the
Board of Adjustment pursuant to the procedures set out in
Article 10 of Chapter 24 of the Municipal Code.
Section 4
This ordinance shall not have any effect on existing litiga-
tion and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinances
repealed or amended as herein provided, and the same shall be
construed and concluded under such prior ordinances.
Section 5
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 6
A public hearing on the ordinance shall be held on the
day of i~,~ , 1996, in the City Council
Cha~ers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ ~D ORDERED PUBLISHED as provided by law by
the City Council of the City of Aspen on the ~ ~ day of
, 1990.
~William L. S~rling,
ATTEST:
Kathryn~ Koch, City Clerk
FINALLY adopted, passed and approved this /~ day of
William L. Stitli~g, May6r
ATTEST:
~ch, City Clerk