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Home My WebLink Aboutordinance.council.052-92 .1'" '\,. . ~ - .~ '%.- *1'351952 12/17/92 09:22 r,ec: ~;~w.oo BK 697 PC, 961 Silvia Davis, Pitkin Cnty Clerk, Doc: ..00 ORDINANCE NO. 52 (Series of 1992) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, REZONING THE WESTERN PORTION OF THE GARRISH TRACT, 855 GIBSON AVENUE, A/K/A A METES AND BOUNDS PARCEL IN SECTION 7, T10S, R84W OF THE 6TH P.M., PITKIN COUNTY, COLORADO, FROM R-30 LOW DENSITY RESIDENTIAL (PUD) TO R-15 MODERATE DENSITY RESIDENTIAL, AND WAIVING 100% OF THE ACCRUED PLANNING PROCESSING FEES ASSOCIATED WITH THE REZONING. WHEREAS, Michael J. Garrish submitted an application to the Planning Office to rezone the western portion of his property f~om R-30 (PUD) to R-15; and WHEREAS, the application also requested waiver of the Planning processing fees for the rezoning based upon the assumption that in the 1975 the boundary for the R-30 zone designation was erroneously placed through the center of the Garrish Tract rather than along the western property line of the parcel; and WHEREAS, the Planning Commission reviewed the rezoning application at a public hearing on July 21, 1992 and voted 4-0 for recommending approval of the rezoning as requested by Mr. Garrish; and WHEREAS, pursuant to the review criteria for zoning map amendments contained in Section 24-7-1102 of the Aspen Municipal Code, the city Council finds that the R-15 zone district is the most appropriate designation for the entire Garrish tract; and WHEREAS, based on the discrepancy between the Garrish Tract boundary and the zoning line established by the city in 1975 which was not caused by the Applicant, the city Council agrees that waiving 100% of the total accrued Planning processing fees for the 1 . -' @ \\" .:1 '\l, '1f~55F/5;,: LU 1 TIC}:2 0'1: Z2 Hec $:20.00 BK 697 F'G 962 Silvia Davi5~ Pitkin Cnty Clerk, Doc $.00 rezoning to R-15 is fair and equitable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. The following described property shall be rezoned from R-30 Low Density Residential (PUD) to R-15 Moderate Density Residential and the PUD designation shall be lifted, and subject to those zoning regulations applicable to said zone district and described in Chapter 24 of the Aspen Municipal Code, as now exists or may hereinafter be amended: "Exhibit A" Section 2. The Official Zone District Map for the city of Aspen shall be and is hereby amended to reflect that zoning as set forth in Section 1 above and such amendment shall be promptly entered on the Official Map in accordance with Section 24-7-1006 of the Aspen Municipal Code. Section 3. The'amount of the Planning application fees shall be refunded by the City, not to exceed 100% of actual accrued processing costs. Section 4. The city Clerk is directed upon adoption of this ordinance to record a copy in the Pitkin County Clerk and Recorder's Office. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining 2 .l ~<- 1!!....'......It.... S' '~ e' , 1\, "~-< ~ ~ ~9~~~ Rec $20nOO BK '~~19~0 ]?/]f/9~ U n~~ K~~ ~- ,- ' ,\- Doc D- ',. F"lt'k;n Cnt.y CleF"" . Silvia dV1Sg . - ." 697 F'G 963 $"00 portions thereof. Section 6. That this ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. A public hearing on the ordinance shall be held on the ~ day of ~H'-J.t..,,), 1992, in the City Council Chambers, Aspen city Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council (.~, 1992 /D of the City of Aspen on the day of John ~ >: /)~ S. Bennett, Mayor ~ "".. I) S..,:)"':~t',.. , ......, : ,", ~~~j~~"~~;:, ATTEST: " ~h'~~~l~rK C';"/.,. .....:..; \\ ,>' :J t.. 0 ;'1 f.. \1 .'" .' F~1NALLY adopted passed and approved this ~/~day of L9" 1992 ~"- ,. ~ s: I?~----- John S Bennett, Mayor /; / K'fh f . .:- .... ,~. '''''1)1;; ,,' dl I.',..' ord.zone.boiler 3 .. ~~ f'ec $?O~OO BK ~., ...., 19"':- {)9:: ~~.~~."\ .L- .t~5519~j2 Lell( F'~-t;"in Cnty Clel~k, Doc Silvia DaVl~.:i~ 1 '.. 697 PG 964 ..00 ....~,; 4,' ,f$ 'G\ 'Z:., EXHIBIT "A" GARRISH TRACT REZONING A parcel of land situated in section 7, TI0S, R84W of the 6th P..M., Pitkin County, Colorado, described as follows: Beginning at a point being 693.07 feet NI3'27'40"W from the South ~ corner of section 7, TI0S, R84W, of the 6th P.M. (1954 Brass Cap) ; Thence N22'42'E Thence N24'41'E Thence N42'41'W Avenue; Thence S19'31'W 170.33 feet; Thence along a curve to the right with a radius of 359.80 feet a distance of 65.06 feet (chord bears S24'13'27"W 64.92 feet); Thence S60'07'20"E 50.00 feet; Thence S43'46'E 89.62 feet, to the point of beginning. Containing 29,165 square feet, more or less. 151. 02 feet; 61.12 feet to the 155.79 feet along South side of Gibson Avenue; the South side of Gibson fIllt ~, , \\"... EXCEPT, for that portion thereof described as follows: Commencing at the South Quarter corner of said section 7, (a U.S. Government Brass Cap Monument); thence N 13 degrees 27 minutes 40 seconds West,' 693.07 feet; thence North 22 degrees 42 minutes East, 151.02 feet; thence North 24 degrees 41 minutes East, 41.12 feet to the point of beginning; thence North 24 degrees 41 minutes East, 20.00 feet; thence North 42 degrees 41 minutes West, 135.79 feet; thence South 35 degrees 21 minutes 09 seconds East, 144.67 feet more or less to the true point of beginning. Containing 1253 square feet more or less. , . . ~ : _..l J~.",";,' I ~'\ ' -~. .: I I, -i j',. " . , . .' i i\ I, , " ll' I,r , f , i I: "lUi:< I l' " i ) \ i . , " j ~,: 'L, ",'t I . '