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HomeMy WebLinkAboutordinance.council.061-93 ORDIN/%NCE 61 (SERIES OF 1993) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SIX MONTH EXTENSION OF THE 1989 OFFICE GMQS ALLOTMENT GRANTED BY RESOLUTIONS 90-44 AND 90-45 FOR THE ASIA OFFICE DEVELOPMENTt 132 WEST M~IN STREETt ASPEN, COLORADO. WHEREAS, pursuant to Section 24-8-108 of the Aspen Municipal Code, City Council may grant an extension of GMQS allocations up to six months; and WHEREAS, on October 10, 1990 City Council approved a GMQS allocation for the development of the Asia office at 312 West Main Street; and WHEREAS, development allotments expire on the day after their anniversary of the date the GMQS allocations, or other development approvals have been awarded; and WHEREAS, the allocations will have expired on October 10, 1993 prior to the applicants, Steve and Lily Ko, obtaining a building permit; and WHEREAS, the applicant has requested a six month extension of the GMQS allocation in order to commence construction of the approved development; and WHEREAS, the extension request was submitted prior to the third anniversary of the date of approval of a site specific development plan; and WHEREAS, the applicants have submitted development plans for building and zoning review; and WHEREAS, plan check review has determined that there are several conditions of approval that have not been met and staff has requested more information; and WHEREAS, until all conditions of approval have been satisfied no building permits will be issued; and WHEREAS, the Planning Office, having reviewed the application recommends approval of a six month extension of the GMQS allotments approved in Resolutions 90-44 and 90-45; and WHEREAS, the Planning office also recommends that this be a one time extension because the GMQS program will be amended in 1994; and WHEREAS, the Aspen city Council having considered the Planning Office's recommendation for the GMQS extension does wish to grant the requested extension for six months beyond the approval granted in Resolutions 90-44 and 90-45 for the 132 West Main Street, finding that the applicant has begun to pursue the project by the submittal of building plans and intends to commence construction in the near future. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: Pursuant to Section 24-8-108 of the Municipal Code, City Council does hereby grant the applicant a six month extension of the 1989 office GMQS allocation approved by Resolutions 90-44 and 90-45 for 132 West Main Street beginning October 10, 1993 and ending April 10, 1994. Section 2~ If any section, subsection, sentence, clause, phrase or portion of this ordinance is fore any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such Section 3 This ordinance shall not have any effect on 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 construed and concluded under such prior ordinances. Section 4 A public hearing on the ordinance shall be held on the 6th of December, 1993, 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 once 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 8th of November 1993. John ~. Bennett, Mayor ATTEST: Kathryn ~ Koch, City Clerk FINALLY adopted, passed and approved this 8th day of November, 1993. John S. Bennett, Mayor ATTEST: Kathryn~. Ko6h, City C~lerk