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HomeMy WebLinkAboutordinance.council.080-90 ". " e !, ORDINANCE NO. 'lfD (Series of 1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LOT LINE ADJUSTMENT PURSUANT TO SUBDIVISION EXEMPTION AS AUTHORIZED UNDER SECTION 7-1003 OF CHAPTER 24 OF THE MUNICIPAL CODE. WHEREAS, the Hotel Jerome Associates as owner of the Hotel Jerome has submitted an application to adjust the boundary line demarcating the Hotel Jerome property from the Mill Street publ~c right-of-way in the City of Aspen; and WHEREAS, a lot line adjustment as requested constitutes an exemption from the subdivision process set forth in Division 10 of Art~cle 7 of Chapter 24 of the Municipal Code; and WHEREAS, the lot line adjustment as applied for has been reviewed by the Engineering and Planning Departments and has been recommended for approval by the Planning Director; and WHEREAS, the city Council finds that the requested lot line adjustment is necessary to correct a survey error and constitutes an insubstantial boundary change between adjacent parcels; and WHEREAS, consent of the landowners whose lot lines will be adjusted has been obtained; and WHEREAS, the requested lot line adjustment will relieve a specif~c hardship suffered by the Hotel Jerome Associates; and WHEREAS, the proposed corrected plat illustrating the lot line adjustment will meet the standards set forth in Chapter 24 of the Municipal Code; and Ie Ie ~. WHEREAS, the requested lot line adjustment will not affect development rights or permitted density of the affected lots. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 A subdivision exemption is hereby granted for a lot line adjustment pursuant to Sect~on 7-l003A of the Municipal Code for that lot line separat~ng the Hotel Jerome property from the Mill Street public right-of-way adjacent to Lot S, Block 79, Townsite of Aspen, and more particularly consisting of 50.35 square feet (.5' x 100.7') upon which rests the east bearing wall of the Jerome Hotel. section 2 The subdivision exemption and lot line adjustment as herein granted shall be conditioned upon: (a) The submission by the applicant of an amended plat reflecting the new lot line(s) to the City Engineer for approval and which meets all the requirements of section 7-1004(D) (2) of Chapter 24 of the Municipal Code; (b) The recordation of the new plat as approved by the C~ty Engineer; and (c) A payment by the applicant of a planning fee in the sum of $870.00 prior to the Planning Director's written approval of the new plat. 2 I'. :~ I. section 3 This ordinance shall not have any effect on ex~sting 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 4 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 5 A public hearing on the ordinance shall be held on the / 7~ day of ~ , 1990, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of ~ c::;G,.~ day of the city of Aspen on the , 1990. ATTEST: ~cl~ 3 ,""", '. (ee I" FINALLY adopted, passed and approved this /~~ day of ~~./ I\.TTEST: . KOCh~i~ , 1990. ~~ William L. stir;:n~yor 4 ......