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HomeMy WebLinkAboutordinance.council.033-93 ORDINANCE NO. 33 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GP~NTING CO~OMINIUMIZATION FOR 7??-?8? CASTLE CREEK DRIVE, LOT 10, CASTLE CRE~K SUBDIVISION, CITY OF ASPEN~ PITKIN COUNTY, COLOIh~DOo WHEREAS~ the applicantS, Doug Allen and Marvtn Burton, have submitted an application to condominiumize a newly developed duplex; and ~HEREAS, on July 1, 1992, the State Legislature enacted the Colorado Common Interest Ownership Act ("CCIOA") which arguably conflicts with certain provisions of the Aspen Municipal Code governing the subdivision/condominiumization approval process~as adopted by the City, and under which the instant condominiumization is being processed for approval; and WHEREAS, the City Council has taken under advisement possible amendments to the Aspen Municipal Code so as to eliminate any conflicts or potential conflicts between the CCIOA and local condominiumization ordinances; and WHEREAS, in the event amendments to the municipal condominiumization ordinances are subsequently enacted after adoption of this ordinance approving the condominiumization as sought herein, and said amendments reduce or eliminate conditions of condominiumization approval as currently required under existing ordinances and as imposed upon the applicant herein, it is City Council's desire that the applicant herein receive the benefitiof those amendments; and WHEREAS, the City Council may not and has not committed itself or the City to the actual adoption of any amendment to the 1 Municipal Code as described in the foregoing recital; and Wq{EREAS, the applicant has been fully apprised as to his rights and obligations under current ordinances governing condominiumization approval; and W~EREAS, the applicant has determined to proceed with his approval application at this time at his own risk knowing that amendments to existing condominiumization ordinances may or may not subsequently be adopted, and that such amendments if adopted may not provide him any relief from the conditions of approval as imposed in this ordinance; and W~EREAS, the Aspen City Council has reviewed and considered the amendments under the applicable provisions of the Municipal Code, to wit, Division 10 Section 24-7-1007, and has reviewed and considered those recommendations by the Planning Department and has taken public comment at public hearing; and W~EREAS, the City Council finds that this Ordinance furthers and is necessary for public health, safety, and welfare. NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: Seotion 1: In accordance with Section 24-7-1007 of the Municipal Code, the City Council grants and awards condominiumization approval for 777-787 Castle Creek Drive, Lot 10, Castle Creek Subdivision, subject to the conditions as specified herein: 1. Ail representations that the applicant has made regarding this amendment shall be adhered to during any development. 2. Prior to filing the condominium plat, the applicant shall deed restrict the condominiumized residential units to a six month minimum lease, with no more than 2 shorter tenancies per year° Language to that affect shall be included in the subdivision exemption agreement. 3. Prior to the sale of either unit, a subdivision exemption agreement and condominium plat, to be reviewed and approved by the Engineering Department, shall be filed which meets the requirements of Section 24-7-1004.D of the Municipal Code and the comments of the Engineering Department review memo of June 8, 1993. 4. A final inspection of the units shall be conducted to confirm that the accessory dwelling unit complies with APCHA guidelines. 5. The applicant shall agree to join any future improvement districts which may be formed for the purpose of constructing improvements in the public right-of-way. Section 2: In the event amendments to the current Municipal Code are hereinafter enacted under which the conditions of approval of (2), a deed restriction specified in Section 1 above are no longer required, as currently mandated under the Municipal Code, then it is the intent of the City Council that the applicant herein be afforded the benefit(s) of such amendment(s) and that the requirement for a deed restriction be vacated. Section 3: This Ordinance shall not effect any existing litigation 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 conducted 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: The City Clerk shall cause notice of this Ordinance~to 3 be published in a newspaper of general circulation within the City of Aspen no later than fourteen (14) days following final adoption hereof. Such notice shall be substantially in the following form: Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes, pertaining to the following- described property: The property shall be described in the notice and appended to said notice shall be the ordinance granting such approval. Section .: A~public hearing on the Ordinance shall be held on the ~ day of~-~-~- - , 1993 at 5:00 in the City Council Chambers, Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the /~ay of John~Bennett, Mayor Kathryn al/Koch, City Clerk  adopted, passed and a~proved this ~ day of i%LLY ~ 1993. ~ / ~~z~ John/Bennett, Mayor