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Home My WebLink Aboutordinance.council.069-92 ir-.... '\~:~ . ..flt It...... I,\: '" >"'"" .'tt..' t "-". #353782 02/'W/9:'l ." ~ Silvia D"Wi~ F":'.t.,i.j,f./.:; Rec $30.00 BI< 703 ......, ,,__",__""-'~. Lnt" .C.lE.'r"" D _ Pf3 147 -------___c__.____~_ _ ~::"ll___ _ f:J~ -~_g_99 ORDINANCE NO. 69 (SERIES OF 1992) AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION EXEMPTION FOR THE CONDOMINIUMIZATION AND VESTED RIGHTS FOR 620 EAST HYMAN AVENUE, LOTS P & Q, BLOCK 99, CITY OF ASPEN. WHEREAS, pursuant to section 24-7-1007 of the Aspen Municipal Code, a Condominiumization is a Subdivision Exemption by the City Councili and WHEREAS, pursuant to section 24-6-207 of the Aspen Municipal Code, vested rights status is granted by the city Council through the Ordinance adoption processesi and WHEREAS, the applicant, Frank Woods, has submitted an application for the Condominiumization of an existing commercial building with one residential dwelling unit located at 620 East Hymani and WHEREAS, the Engineering Department having reviewed the application has made referral comments; and WHEREAS, the Planning Office having reviewed the application pursuant to section 24-7-1007 and the referral comments from Engineering recommends approval of the condominiumization with conditionsi and WHEREAS, on July 1, 1992, the State Legislature enacted the Colorado Common Interest Ownership Act ("CCIOA") which arguably conflicts with certain provisions of the Aspen Municipal Code governing the subdivisionjcondominiumization approval process as adopted by city, and under which the instant condominiumization is being processed for approvali and 1 4_ m- ~........ \\.... 0.............. 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WHEREAS, the City Council has taken under advisement possible amendments to the Aspen Municipal Code so as to eliminate any conflicts or potential conflicts between the CCIOA and local condominiumization ordinancesi and WHEREAS, in the the municipal event amendments to condominiumization ordinances are subsequently enacted after adoption of this ordinance approving the condominiumization as sought herein, and said amendments reduce or eliminate conditions of condominiumization approval as currently required under existing ordinances and as imposed upon the applicant herein, it is city council's desire that the applicant herein receive the benefit of those amendmentsi and WHEREAS, the City Council may not and has not committed itself or the City to the actual adoption of any amendment to the Municipal Code as described in the foregoing recital; and WHEREAS, the applicant has been fully apprised as to his rights and obligations under current ordinances governing condominiumization approvali and WHEREAS, the applicant has determined to proceed with his approval application at this time at his own risk knowing that amendments to existing condominiumization ordinances mayor may not subsequently be adopted, and that such amendments if adopted may not provide him any relief from the conditions of approval as imposed in this ordinancei and WHEREAS, the Aspen city Council having considered the Planning Office's recommendations for Condominiumization and the 2 ._...... ,~ h \\~ ,ep....... \\ ,< If'. %., in5:.3"?82 02/09/9:.3 1:.3,42 r':;;ec $30.00 BK 703 PC; 149 S.i} via .D"vi s-,--P it k in C'='1:Y 1:1 er' kLJ)oc $ ,,9<)_ representations of the applicant does wish to grant the requested Subdivision Exemption for 620 East Hyman. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: section 1: That Subdivision Exemption for 620 East Hyman Avenue is hereby granted subject to the following conditions: 1. The applicant shall file a plat to be reviewed and approved by the Engineering Department and the plat shall include but not limited to: a) The following signature certificates: o Owner's - besides the standard language it must include a statement to the effect that the owner acknowledges the encroachments, at the south property line, into the public right-of-way, and that if the structure is removed for any reason, any new structure will be built inside the property line. o Title o Survevor's - besides the standard language it must include a statement to the effect of....accuracy to .001 of an acre and that the survey was done in according to CRS 1973 Title 38, Article 51. o Planninq Director's o citv Enqineer's - besides the standard language it must hereby acknowledge the encroachments shown hereon with the conditions set forth in the owner's certificate. o council Approval o Clerk and Recorder o Mortqaqee - recommended but not required b) A statement that the applicant agrees to join any improvement district formed for the purposes of constructing improvements in the public right-of-way. c) A legal description of the property. d) A statement to the effect that...title policy number ___ was used in preparation of this survey plat. A.......... 1., e' @.. \R ':.';-;\. "It. .4l. '1:: vz;;. '. . - 'j-,.4'O' ~ ..., 109/93 ,'-. -- ~35378~ u~~~ Pitkin Silvia Davlm, , 703 pG 150 ~"l" 00 BK Fe,:: "',~, ".' $.00 Cl.er'k Doe e) A correct depiction of South Hunter Street. 2. The applicant shall file a subdivision exemption agreement with the final plat. 3. Existing tenants shall be notified of impending sale of residential unit. 4. Prior to filing the final plat, the applicant shall deed restrict the residential unit to a six month minimum lease, with no more than 2 shorter tenancies per year. 5. Prior to filing the final plat, the applicant shall pay an affordable housing impact fee of $8,050 (payable to the Pitkin County Planning Department for receipt to the Housing Authority) for the 4 bedroom unit or deed restrict the unit to resident occupancy guidelines to be filed with the Housing Authority. 6. The Building Department shall inspect the building prior to filing the final plat. section 2: That is does hereby grant Vested Rights for this subdivision exemption for a period of three (3) years from the effective date hereof in accordance with and subject to the terms and provision of section 24-6-207 of the Municipal Code, and the City Clerk shall cause notice of same to published not later than 14 days after final approval hereof pursuant to section 24-6-607(B). section 3 In the event amendments to the current Municipal Code are hereinafter enacted under which the conditions of approval of (1) a deed restriction and (2) payment of an affordable housing fee as specified in section 1 above are no longer required, as currently mandated under the Municipal Code, then it is the intent of the City Council that the applicant herein be afforded the benefit(s) of such amendment(s) and that the affordable fee imposed by this approval ordinance be refunded (without interest) and that the 4 . ~ IX '~\;, flit, II" \(\. ~,',:"It ~\ """,. #353782 02/09/93 13,42 Rec $30.00 BK 703 PG 151 Silvi,,-.Davis, F~Ltki'lCn:ty.1:1er'k'L Doc: $.00 -...--,.-----..---------..-- requirement for a deed restriction be vacated. section 4: 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 5: 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 6: A public hearing on day ~t the Ordinance shall be held on the .:! 3 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 ,~ , 1992. (?---~ , fJr A \" ...A ,.\ t~-- .' ,4-- John 5 die \~, '1, < #:35378:2 02/09/9:.3 1.3,42 Rfr;c !1'30.00 Bf< 703 PG t~ Silvia Davis, Pitkin Cnty Clerk Doc $.00 , passed and approved this 14M- day of nJ 7,. {~~ ~~nnett, Mayor city Clerk -' ~'" \+\>,. (It, ~> '\~, 6