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Home My WebLink Aboutordinance.council.013-92 ~. '-...._------,. ." No"... J(l " <"< . ......"!!'&". ~... ,~ '"," "M'358412 0,'/01/9:3 1S,57' Rec: <;;ZO" 00 Bf<:: ~1~ "F'G 610 Silvia Davis, Pitkin Cnty Clerk, Doc $.UO ORDINANCE NO. 13 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR CONDOMINIUMIZATION AND VESTED RIGHTS FOR THE BENEDICT BUILDING, LOT 16 OF THE CALLAHAN SUBDIVISION, ASPEN COLORADO WHEREAS, pursuant to section 24-7-1007 of the Municipal Code, condominiumization of an existing structure may be granted a subdivision exemption by the City Council; and WHEREAS, pursuant to section 24-6-207 of the Municipal Code, the City council may grant vested rights status for a period of three years upon adoption of a site specific development plan; and WHEREAS, Fredric and Fabienne Benedict have submitted an application for condominiumization and vested rights for the Benedict Building located at 1280 ute Ave.; and WHEREAS, the Engineering Department the reviewed has application and made referral comments; and WHEREAS, the Planning Office, having reviewed the application pursuant to Section 24-7-1007 and 24-6-207 and the referral comments from the Engineering Department, recommends approval of the condominiumization and vested rights for a period of three years with conditions; and WHEREAS, the Aspen City Council having considered the Planning Office's recommendations for condominiumization and vested rights does wish to grant the requested subdivision exemption and vested rights for the Benedict Building. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1: I .~ I~.!"" \\ " ~..", \, '< ""-,\"'84 'I ,-, -'-, '" " ~~o :'.'~ 0(/01/93 15~57 Ree $25nOO BK 716 ,7Hlvla D",vis, F'itkjn Cri"l'y ['1' "I' D' F'G 611 J .. M'. -f 81'" .:., DC: '~nOO That is does hereby grant a subdivision exemption for condominiumization of the Benedict Building located at 1280 ute Avenue. section 2: The conditions of approval for this subdivision exemption are: 1. The applicant shall submit a plat in compliance with Municipal Code Section 24-7-1004.D.2.a. The plat shall be reviewed and approved by the Engineering Department prior to filing with the pitkin County Clerk and Recorder. 2. Prior to planning'S signature of the condominium plat, the applicant shall deed restrict the one residential unit to "resident occupancy" pursuant to Housing Authority guidelines. Proof of the filed deed restriction must be forwarded to the Planning Office. 3. The residential unit shall be leased for no less than 6 month periods, with two shorter tenancies allowed per year. 4. A Subdivision Exemption Agreement shall be submitted and filed concurrently with the Condominium Plat. 5. A fisherman's easement is requested for the lot area within the river and for a 5' distance measured horizontally along the riverbank. section 3: Pursuant to Section 24-6-207 of the Municipal Code, city Council does hereby grant the applicant vested rights for the Benedict Building condominiumization as follows: 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. '.',!!'! t '~ " \'1 ,1: W ,\ ""\ ','."', " I' \i: '\. - ~ - ~~~ (")() ql/ *~:~)~)8L'r:1.2 07'/Ol!9~~~ :1.~::5{ b~€.?C ~'.1~'...J" ~ M L. "', Silvia Davis, Pitkin Cnty Clerk, Doc 716 F'G 612 ~t" O() 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 hot 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. Section 4: 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 '.".'...". fP ,\\ \\" d'..'.,' 11\ \~\ '....'. ~.... '1;"-""""104j':-' tY,"/ClJ len 1.5,;'F Rec: $2~j,,00 81< 71,6.. F'f3 l!;l~ "'."~!~" .~,~ ~ -. . . D - '$ (i() -'1'" r"ty rl~'r"k'J dc: "-- Silvia D~7.\vi~;,! l~"l ~.r;:ln ___~~.l~_____::__'_~ _______ 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 5: That the city Clerk be and hereby 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 6: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of the remaining portions thereof. Section 7: 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 8: day A public hearing on the Ordinance Of~ 9'k..- shall be held on the 1992 at 5:00 P.M. in the city Council Chambe~s, m.','." '~ " '..", . ~ \% ", 13~84J2,9~!91/g~t'f~S"5Z It3ec:(_.~5eOOD?G 716"F'G 614 ...:)11vl<:1 Lfc."\\jl;:;<~ ..~l H':.ll1 Ln y ..Iler~;.~ .oc $"UU Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which hearing a public notice of the same shall be published in a newspaper of general circulation within the city of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, 'MJ ;0 day of by the City Council of the city of Aspen on the ~ ,1992. ~ 'J~,~~,j,~ ATTES~,~/'~';'~I' ," ';':;fs I, /.."~,,, " ~.~~' ". -."..;;-,:,-,>,;~~. ~ {?.- .5't- John ~ennett, Mayor Kathryn " 'C1 'i, ,.I,.,...( i,i.. ,1;"'\' : i',iFIN1l.LLY, adopted, pass",d and approved this ~"'1992. 9~ day of II"" ,II " "'{". '''~;:~~'''.''''.'' A.$;r~ST: . .''''' 11; n' o 'f"'~ 1t)>" l' . ~ (3'~ John Benn",tt, Mayor Kathryn "'>f";'