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HomeMy WebLinkAboutminutes.council.19920115Special Meeting Aspen City Council January 15, 1992 Mayor Bennett called the meeting to order at 5:05 p.m. with Councilmembers Reno, Peters, Pendleton, and Richards present. ORDINANCE #5, SERIES OF 1992 - Code Amendment Temporary Uses Mayor Bennett announced that although this is an emergency ordinance and does not require a public hearing he will accept comments from the public. Gideon Kaufman brought up Section 7-1209 "No vesting of temporary uses", the last sentence, "The failure of an applicant to adhere to any condition of approval for a temporary use, or to any provision of the Municipal Code, shall result in the immediate forfeiture of the temporary use approval and such use shall immediately cease and may be abated as provided for in the Municipal Code". Kaufman requested "shall" be changed to "may" or add a notice provision rather than have it automatically happen. Jed Caswall, city attorney, said a temporary use is essentially a variance for a use that may be wholly inconsistent with the land use provisions. Caswall said his intent was this should be onerous to notify the permittee to be very cautious. Caswall said the city generally instigate enforcement of the Municipal Code. If someone makes a technical violation, it would be up to the city to enforce. The city can use their discretion in this. Caswall recommended striking "or to any provision of the Municipal Code". Council agreed with that recommendation. Councilman Peters moved to adopt Ordinance #5, Series of 1992, striking "any provision of the Municipal Code"; seconded by Councilman Reno. Roll call vote; Councilmembers Richards, yes; Pendleton, yes; Reno, yes; Peters, yes; Mayor Bennett, yes. Motion carried. Councilman Peters moved to adjourn at 5:20 p.m.; seconded by Councilman Reno. All in favor, motion carried. Kathryn S. Koch, City Clerk 1