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Home My WebLink Aboutordinance.council.013-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 13 (Series of 1975) AN ORDINANCE EXEMPTING FROM THE RECOMMENDED OR ADOPTED NEW ZONING CODE AND DISTRICT MAP THE "VROOM BUILDING" IF THE APPLICANT SHALL HAVE FILED HIS BUILDING PERMIT APPLICATION WITHIN'FIFTEEN (15) DAYS AFTER THE EFFECTIVE ~DATE OF THIS ORDINANCE; SHALL COMPLY WITH ALL OTHER BUILDING REGULATIONS; AND SHALL ON ISSUANCE OF THE PERMIT PROCEED WITH CONSTRUCTION OF THE EXE~TED PROJECT WITH REASONABLE DILIGENCE WHEREAS, the Aspen Planning Commission, pursuant to its authority granted in Section 139-59-1, et seq., C.R.S. 1963, as amended, did present to the Aspen City Council the 1973 Aspen General Land Use Plan, incorporating its recommend- ations for amendments to Aspen's Zoning Code and its Zoning District Map, and WHEREAS, it was determined by the City Council that the objectives and purposes of the anticipated land use changes would be defeated if building permits issue for structures and uses inconsistent with the Commission recommendations prior to adoption of a new zoning c~de and district map, and the issuance of permits only in accordance with the anitcipated changes would aid in the orderly and efficient adoption of a new code and map, and WHEREAS, to effectuate this transition the City Council, did, by Ordinance 19, Series of 1973, direct the review of all building permit applications by the Commission with the authority to allow or deny the same according to the criteria stated in said Ordinance 19, and WHEREAS, the Commission has, by its Resolution dated October 8, 1974, recommended to the City Council a zoning code RECORD OF PROCEEDINGS 100 Leaves and district map for the Council's consideration, and Council has initiated its review of the same, and WHEREAS, pursuant to Ordinance 19 review several pro- jects have received Planning and Zoning Commission approval, but the applicants therefore have not submitted final plans nor received a valid building.permit, and WHEREAS, Ordinance 45, Series of 1974, provides that whenever the Planning and Zoning Commission has properly initiated proceedings to amend the text of Chapter 24 or the Zoning District Map pursuant to the provisions of Chapter 24, and the Commission has, subsequent to public hearing, adopted a Resolution recommending to the City Council approval of such amendment, no building permits shall be issued by the City Building Inspector which would be prohibited by the proposed amendment for a period of one (1) year following the date of such Commission Resolution, and WHEREAS, the Common Law of the State of Colorado pro- vides that an amendment to a zoning ordinance applies to all landowners unless they have procured a valid building permit and acted in reliance on the same, in which event they shall be allowed to proceed with their original application even though in conflict with the change, Michael Saur v. The County Commissioners of Larimer County,(Colo. Sup. Ct. August 13, 1974), County of Denver v. Denver Buick, 141 Colo. 121, 347 P2d 919, Cline v. City of Boulder, 168 Colo. 112, 450 P2d 335, Crawford V. McLaughlin, 172 Colo. 366, 473 P2d 725, and -2- RECORD OF PROCEEDINGS 100 Leaves 7~EREAS, the City Council did provide for many applicants who had received final approval (under Ordinance 19) from the Commission to proceed, for a limited period of time, with their applications even though said applications may be in derogation of, or in conflict with the specific provisions of the proposed or adopted zoning code and district map, and did so by its adoption of Ordinance 50, Series of 1974, and WHEREAS, the City Council wishes to extend the benefits described in said ordinance to an additional project commonly known as the "Vroom Building" and to do so with the same degree of formality as those provisions mandating different zoning criteria, namely, !3y ordinance fully adopted and approved, ~]OW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the "Vroom Building" construction project shall be permitted to proceed, under the conditions hereinafter enumerated, the provisions of Ordinance 45, Series of 1974, and any zoning code and district map modifications hereinafter enacted, to the contrary notwithstanding. Section 2 That as conditions for such grant: (a) The permit application must be submitted, in its entirety, and permit fees paid, on or before fifteen (15) days after the effective date of this ordinance. (b) The Building Inspector shall issue the permit hereinabove provided for on April 15, 1975, unless the plan check is completed and approved, -3- RECORD OF PROCEEDINGS 100 Leaves and a permit requested by the applicant prior to April 15th. (c) The application shall fully comply with the zoning code and district map provisions in existence prior to the pending Planning and Zoning Commission recommendation (unless a variance has been granted by the Board of Adjustment); with the requirements of the Planning and Zoning Commission imposed under Ordinance 19; with the Uniform Building Code, Uniform Electric Code, Uniform Housing Code, Uniform Plumbing Code and Uniform Mechanical Code, as adopted and approved, or may be adopted or approved by the City of Aspen (unless a variance shall be granted by the Board of Examiners and Appeals). (d) The application shall be identical to that presented to the Planning and Zoning Commission under Ordinance 19 Review, but the applicant may amend his application in limited particulars to conform with the recommended zoning prior to its adoption by the City Council (and to the fully adopted code and map after Council adoption) and still enjoy the immunity of this Ordinance. In the event an application shall completely conform to the proposed code pending adoption and later to the adopted zoning code and district map, the permit shall issue as if a new application and the limitations of this -4- RECORD OF PROCEEDINGS 100 Leaves (e) (f) Ordinance shall be deemed of no further force and effect to said application. There shall be made no extensions or exceptions of this ordinance for the benefit of the above, and it shall be of no con- sequence that financing or other obstructions to the progress of the development, beyond the control of the City of Aspen, have occurred subsequent to this grant. The permit issued pursuant to the provisions of this Ordinance shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 120 days from the date of such permit or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. If such permit shall expire for failure to so pro- ceed, no new permit shall issue except in con- formance with any then pending or fully adopted zoning code provision. Section 3 If any provisions of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this Ordinance are declared to be severable. -5- RECORD OF PROCEEDINGS 100 Leaves Section 4 A public hearing on this ordinance shall be held on the /~ day of ~.~.~_~/~_~ , 1975, at 5 P.~. in the City Council Chambers, Aspen city Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as pro- vided by law by the City Council of the City of Aspen, at its regular meeting held February 24, 1975. ~ Stadcy S~ndle~ III, Mayor Kathryn ~auter city C l~r k FINALLY ADOPTED AND APPROVED on ~.,~ /'~) , 1975. ATTEST: I~athryn ~uter City Clerk -6- STATE OF COLORADD ) ) ss COUNTY OF PITKIN ) I, Kathryn M.:l~r~ter,~CityClerk ~f Aspen, ~Col0rado, do hereby certify 'that the above and foregoing ordinance was introduced, read in full, and passed on reading at a regular meeting of the City Council ~f the City of Aspen on J~.~z~,~__~Y' 197 ~--, and publish- ed in the Aspen Times a weekly newspaper of general Dircul- ation, published in the Eity of Aspen, Colozado, in its issue of ~-~/~.~_~ .~? , t97~--, and wa~ finally adopted' and approved at a regular meeting of th~ City Council on- / Ordinance No. provided by law. , 197~--, and ordered published as , Series of 197~.~ of said City, as IN WITNESS WHEREOF, I have hereunto set my hand. and the seal of said City of Aspen,~ Colorado, this day of ~t~i~' , 197 4) / Kathryn ~. Ha~ter, City Cle~k