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HomeMy WebLinkAboutordinance.council.005-91 ORDINANCE N0.5 (SEI~TES OF 1991) AN ORD]]~ANCE OF TH~. CIT~ OF ASPEN VESTING Tn= DEVELOPM]~Vf I~IGHTS FOR a'H~ BRADEN STR/~AMMARGIN REVI~w WHK"f~AS, on March 5, 1991, the Aspen Planning and Zoning Commission unanimously approved a building envelope for the Braden single family residence at 973 Queen Street (Lot 7 of the 1982 Property Agreement Plat); and WH~W~2~S, Planning and Zoning Commission Resolution #91-6 documents the conditions of approval; and WH~W~?2%S, a request for Vested Rights for the Braden Stream Margin Review was included in the application submitted to the Planning Office by project representative Sunny Vann; and WH~"~2~S, pursuant to section 6-207 of the Aspen Land Use Code revision date May 25, 1988, the City Council may grant Vesting of Development Rights for a period of three years. NOW, THK~EFORE, BE IT ORDAlq~]3 BY T~US CITY COUNCIL OF T~ CITY OF ASPEN, COLORADO: Section 1: That it does hereby grant Vested Rights for the Bradsn Stream Margin Review. The rights granted by the site specific development plan shall remain vested for a period of three (3) years from the effective date hereof. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Failure to properly record all plats and agreements required to be recorded by the Land Use Code shall also result in 1 the forfeiture of said vested property rights. Section 2: The approval granted hereby shall be subject to all rights of referendu~ and Judicial review; except that the period of time permitted by law for the exercise of euch righte ehall not begin to run until the date of publication provided for in Sec. 6-207 (D). Section 3: Zoning that is not part of the site specific development plan approved hereby shall not result in the creation of a vested property right. Section 4: Nothing in this approval shall exempt the site specific development plan from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances of the City 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. In this regard, as a condition of this site development approval, the applicant shall abide by any and all such building, fire, plumbing, electrical and mechanical codes, unless an exemption therefrom is granted in ~iting. Se~ion 6: That the City Clerk is directed, upon the adoption of this ordinance, to record a copy of this ordinance in the office of the Pltkin County Clerk and Recorder. Section 7: A p~lic hearing on ~e Ordinance shall be held on the ~ day of~.~//~ 1991 at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which a hearing of public notice of the s~e shall be published in a newspaper of general circulation within the City of Aspen. ~TKODUC~, READ ~ O~Ei~ED P~B~U.K,, as provided by law, by the City Council of the City of Aspen on the J~-- day of ST - /~ ~.NA~L. Y, adopted, passed and approved this ~=~ day of William L. St~ r AT~ST~:~ // Kathryn~.' Koch, City Cl~k 3