HomeMy WebLinkAboutordinance.council.002-92
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Silvia Davis, Pitkin Cnty Clerk, Doc
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ORDINANCE tL
(SERIES OF 19~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
VESTING THE DEVELOPMENT RIGHTS FOR THE EMDE STREAM MARGIN I
CONDITIONAL USE APPROVAL (LOCATED AT 285 N. SPRING STREET, BLOCK
1, LOTS 4,5,6 AND HALF OF LOTS 3 AND 7, OKLAHOMA FLATS ADDITION)
WHEREAS, William and Sally Emde submitted to the Planning
Office an application for Stream Margin review and Conditional Use
review for a single family residence with an accessory dwelling
unit; and
WHEREAS, at a regular meeting on December 17, 1991, the Aspen
Planning and zoning commission approved a building envelope for the
residence; and
WHEREAS, Planning and zoning commission Resolution 91-32
documents the conditions of approval; and
WHEREAS,
the applicants also requested Vested Rights for
their approvals; and
WHEREAS, pursuant to section 24-6-207 of the Aspen Land Use
Code revision date May 25, 1988, the City council may grant Vesting
of Development Rights for a period of three years.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
section 1:
Pursuant to section 24-6-207 of the Municipal Code, City Council
does hereby grant the applicant vested rights for the Emde Stream
Margin review and Conditional Use for an accessory dwelling unit
as follows:
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1.
The rights granted by the site specific development plan
approved by this Ordinance shall remain vested for three (3)
years from the date of final adoption specified below.
However, any failure to abide by the terms and conditions
attendant to this approval shall result in forfeiture of said
vested property rights. Failure to timely and properly record
all plats and agreements as specified herein and or in the
Municipal Code shall also result in the forfeiture of said
vested rights.
2. The approval granted hereby shall be subject to all rights of
referendum and judicial review.
3. Nothing in the approvals provided in this Ordinance shall
exempt the site specific development plan from subsequent
reviews and or approvals required by this Ordinance or the
general rules, regulations or ordinances or the city provided
that such reviews or approvals are not inconsistent with the
approvals granted and vested herein.
4. The establishment herein of a vested property right shall not
preclude the application of ordinances or regulations which
are general in nature and are applicable to all property
subject to land use regulation by the city of Aspen including,
but not limited to, building, fire, plumbing, electrical and
mechanical codes. In this regard, as a condition of this site
development approval, the developer shall abide by any and
all such building, fire, plumbing, electrical and mechanical
codes, unless an exemption therefrom is granted in writing.
2
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Silvia Davis, Pitkin Cnty Clerk, Doc $~OO
section 2:
The City Clerk shall cause notice of this Ordinance to be published
in a newspaper of general circulations within the city of Aspen no
later than fourteen (14) days following final adoption hereof.
Such notice shall be given 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 3:
That the city Clerk 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 4:
A public hearing on the Ordinance shall be held on the L1L-
-4,'
day of V1l'-A--l ,
I
Aspen City Hall,
1992 at 5:00 P.M. in the city Council Chambers,
Aspen Colorado, fifteen (15) days prior to which
a hearing of 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
L5
day of
o/~VL t,
, 1992.
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John'Bennett, Mayor
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Silvia Davis~ Pitkin Cnty Clerk, Doc $.00
,./.1~ / FINALLY, adopted,
- i'J L/viFI/Gl C:, A'LJ ' 1992.
passed and approved this / () day of
(};1 ~-
John Benn~~, Mayor
4