HomeMy WebLinkAboutordinance.council.045-92 City Counoil E~hibit__~
Approved~ ~ 1~ __
ORDINANCE NO. 45 By Ordinance
(SERIES OF 1992)
AN ORDINANCE OF THE ASPEN CITY COUNCIL GP~NTING A LOT LINE
ADJUSTMENT FOR THE SMUGGLER MOBILE HOME P~RK SUBDIVISION AND 8160
GIBSON AVENUE, ASPEN COLORADO
WHEREAS, pursuant to Section 24-7-1003 of the Municipal Code,
Brooke Peterson, representing the Smuggler Mobile Home Park
Homeowner's Association, submitted an application requesting a Lot
Line Adjustment for the Mobile Home Park and 860 Gibson Avenue
owned by Ms. Anne Peterson to adjust the actual fence line that has
been in existence for at least twenty years; and
WHEREAS, a lot line adjustment is reviewed and approved by
the City Council as a subdivision exemption; and
WHEREASv the Homeowner's Association received a
PUD/Subdivision amendment from city Council in July of 1990
confirming dimensional requirements for the Mobile Home Park; and
WHEREAS, the amended PUD/Subdivision plat was not recorded
within 180 days of approval as required by Section 24-7-906; and
WHEREAS, the Homeowner's Association request an extension from
city Council for the recordation date to file the amended plat
representing the 1990 approvals and the adjusted lot line approval;
and
WHEREAS, the Planning Department has reviewed the application
and recommends approval of the lot line adjustment with conditions
and recommends the extension for filing the amended PUD/Subdivision
plat.
NOW, THEREFOREt BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1:
That it does hereby grant a lot line adjustment for the
Smuggler Mobile Home Park and 860 Gibson Avenue with the following
condition that an amended plat shall be reviewed and approved !by
the Engineering Department and shall be filed within 180 days iof
final approval and shall include the adjusted lot line ~as
represented on the survey submitted with the lot line adjustment
application.
Section 2:
That is does hereby grant'a retroactive extension of the
deadline for filing the amended PUD/Subdivision plat for the
Smuggler Mobile Home Park pursuant to the amendments granted in
Ordinance 40, Series of 1990 with the following condition: that!an
amended plat shall be reviewed and approved by the Engineering and
Planning Departments and filed within 180 days of final approval
of the development review for the lot line adjustment.
Section 3:
If any section, subsection, sentence, clause, phrase or
portion of this ordinance is for any reason held invalid ior
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4:
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 5:
A public hearing on the Ordinance shall be held on the__/~~~!
1992 at 5:00 P.M. in the city Council Chambers, Aspen city Hal!l,
Aspen Colorado, fifteen (15) days prior to which hearing a public
notice of the same shall be published one 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 c~_~ day of
~ :~ John ~ennett, Mayor
Ka~h~n~Koch, City Clerk
FINALLY, adopted, passed and approved this ~ day of
John ~ennett, Mayor
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