HomeMy WebLinkAboutordinance.council.028-92 By Or' .... ,-
ORDINANCE NO. 28
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY CO~{CIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION OF 707 WEST SMUGGLER/700 WEST
FRANCIS~ LOTS G, H, I, BLOCK 15, CITY OF ASPEN
WHEREAS, pursuant to Section 24-7-1007 of the Aspen Municipal
Code, a Condominiumization is a Subdivision Exemption by the City '
Council; and
WHEREAS, the applicant, Leslye Sugar, has submitted an
application for the Condominiumization of a newly constructed
duplex located at 707 West Smuggler and 700 West Francis; and
WHEREAS, the Engineering Department having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office having reviewed the application
to Section 24-7-1007 and the referral comments from
pursuant
Engineering recommends approval of the condominiumization with
conditions; and
WHEREAS, the Aspen City Council having considered the Plann!ing
Office's recommendations for Condominiumization does wish to grant
the requested Subdivision Exemption for the 707 West Smuggler/700
West Francis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPENt COLORADO:
Section 1:
That Subdivision Exemption for the 707 West Smuggler/700 West
Francis condominiumization is hereby granted with the following
conditions:
1. Prior to the sale of either unit, a condominium plat which
meets the requirements of Section 24-7-1004 D of the Municipal Code
and a Subdivision Exempt.ion Agreement shall be filed. The final
plat and agreement shall be review and approved by the Engineering
and Planning Departments and the City Attorney.
2. Prior to signing the final plat, a site drainage plan meeting
the requirements of Section 24-7-1004 C%4.f of the Municipal Code
and prepared by a registered engineer, must be provided and
constructed. Foundation drainage shall not be conveyed to the
public right-of-way.
3. Prior to signing the final plat, the street drainage ditch on
the Smuggler Street frontage shall be repaired to the satisfaction
of the City Engineer.
4. The final plat shall indicate a 4'x4' utility pedestal
easement. No utility pedestals shall be installed in the public
ri~ht-of-way.
5. The applicant shall not obstruct the public ROW.
6. 707 West Smuggler and 700 West Francis shall be deed restricted
in accordance to Section 24-7-1007(A)(1) (b) of the Municipal Code
to six-month minimum leases, with no more than two (2) shorter
tenancies per year, shall be duly recorded in the records of Pitkin
County.
Section 2:
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 3:
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.
See%ion 4:
A public hearing on the Ordinance shall be held on the ~
day of~, 1992 at 5:00 P.M. 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 ~ day of
: John! Bennett, Mayor
ATTEST:' ~
Kathry~ ~ K6ch, C~ty Clerk
FINALLY, adopted, passed and approved this ~ day of
John ~ennett, Mayor
£
Kath~yn~.' Koch, city Clerk