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ORDINANCE NO. 31
(Series of 1997)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN APPLICATION TO AMEND CHAPTER 26 OF
THE MUNICIPAL CODE, LAND USE REGULATIONS, SECTION 26.04.100,
DEFINITION OF "DWELLING, MULTI-FAMILY," TO ALLOW MULTI-
F AMIL Y .UNITS TO BE DETACHED ON HISTORIC LANDMARK
PROPERTIES.
WHEREAS, Section 26.92.030 ofthe Municipal Code provides that
amendments to Chapter 26 ofthe Code, to wit, "Land Use Regulations," shall be
reviewed and recommended for approval by the Planning Director and then by
the Planning and Zoning Commission at a public hearing, and then approved,
approved with conditions, or disapproved by the City Council at a public hearing;
and
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WHEREAS, the Planning Director did receive from Charles Tower an
application for an amendment to the land use regulations, and reviewed and
recommended for approval, certain text amendments to Chapter 26 relating to
Section 26.04.100; and
WHEREAS, the Historic Preservation Commission reviewed the proposed
text amendment on an advisory basis on May 28, 1997 at which time the Historic
Preservation Commission recommended approval to City Council by a vote of 7-
0; and
WHEREAS, the Planning and Zoning Commission reviewed the proposed
text amendment on July 15, 1997 at which time the Planning and Zoning
Commission recommended approval to City Council by a vote of 6-0; and
WHEREAS, the City Council finds that the text amendment as proposed
is consistent with the public welfare and purposes and intent of Chapter 26 of
the Municipal Code and does meet the review standards of Section
26.92.010.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1:
Section 26.04.100, Definition of "Dwelling, Multi-Family," shall be amended to
read as follows:
Dwelling, multi-family means a dwelling containing three (3) or more attached dwelling
units, not including hotels and lodges, but including town houses, with accessory use
facilities limited to an office, laundry, recreation facilities and off street parking used by
the occupants. One (1) or more dwelling units located within an office, retail, or service
commercial building shall also be considered a multi-family dwelling.
For historic landmarks only. where multi-family dwellings are vermitted. a multi-familv
dwelling mav consist of three a) or more attached or detached dwelling units.
Sectio~ 2:
This Ordinance shall not affect 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 3:
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 4:
A public hearing on the Ordinance shall be held on the 25th day of
August, 1997 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 28th day of July, 1997.
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ATTEST:
. >tf~
Kathryn S. och, City Clerk
FINALLY, adopted, passed and approved this..15 day Ofa~ 997.
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ATTEST:
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ch, City clk
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