HomeMy WebLinkAboutordinance.council.007-91 ORDINANCE NO. 7
(SER~ES OF 1991)
AN ORDINANCE OF TkU~ ASPEI~ CITY COUNCIL GRANTING SUBDIVISION
~"~C~Mi°TION FOR THE CONDOMINTUMiIZATION OF 103 PA/~K A%rE~u~, LOT 12,
BLOCK 1, RI~KSIDE ADDITION.
W-~Y~AS, pursuant to Section 7-1007 of the Aspen Land Use
Code, a Condominiumization is a subdivision exemption by the
City Council; and
WHEREAS, Catherine McMahon, representing Dr. Harold
Whitcomb, Jr. and Richard Butera, has submitted an application
for the condominlumization of the proposed duplex located at 103
Park Avenue, Aspen, and;
w~r~EAS, a stream margin review and PUD development review
have been approved for redevelopment of a duplex at 103 Park
Avenue; and
Wx~EAS, the Engineering Department, has reviewed and
approved the Final PUD Development Plan and will review the Final
Plat for Condominiumization; and
WHEREAS, the Planning office, having reviewed the
application pursuant to Section 7-1007, recommends approval with
conditions;.and
Wn~mlEAS, the Aspen city Council having considered the
Planning Department's recommendations for condominiumization
does wish to grant the requested subdivision exemption for the
103 Park Avenue, Aspen Colorado.
NOW, u'~:~EFOI~E, BE IT ORDAINED BY '£D3~ CITY COUNCIL OF .£~w.
CITY OF ASPEN, COLORADO:
Section 1:
That is does hereby grant a subdivision exemption for
condominiumization with the following conditions:
1. Prior to the signature of the final plat for
condominiu~ization -
a. the plat shall be reviewed and approved by the Engineering
Department;
b. a certified engineer must determine that historic runoff
shall be maintained;
c. 103 Park Avenue shall be restricted by an approved and
recorded agreement which shall be duly recorded in the real
estate records of Pitkin County to ensure compliance with the
lease restriction and evidences the applicant's compliance with
the minimu~ lease requirement of the Code as required by Section
7-1007 (B) (2) (c) (2).
2. A Final PUD Plat and PUD agreement shall be reviewed and
approved by the Planning Department and recorded, within 30 days
of Second Reading of Ordinance 7, with the County Clerk as
required by Section 7-906 of the Land Use Code.
$~ction 2:
That the City Clerk be and hereby is directed, upon the
adoption of this ordinance, to record a copy of this ordinance in
the office of the Pitkin 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.
Se~ion 4:
Nothing in this ordinance shall be const~ed 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.
Se~ion 5:
A public hearing on the Ordinance shall be held on the 13
day of May, 1991 at 5:00 P.M. in ths City Council Cha~ers, Aspen
City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same ~hall be p~lished one in a
newspaper of general circulation within the City of Aspen.
~T~0DUCED, READ AND O~ERED muD~-~,~ as provided by law,
by the City Council of the City of Aspen on the 2~-/ day of
~ , 1991.
William L. Sti~ling, Mayor
Kaeh~l ~ Koch, City Clerk
F~?.?.¥, adopted, passed and approved this /~C~--day of
Ksthryn ~ K~h, City Cl~
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