HomeMy WebLinkAboutordinance.council.012-79RECORD OF PROCEEDINGS
ORDINANCE NO.
(Series of 1979)
AN ORDINANCE AMENDING SECTION 2-22(c) OF THE
ASPEN MUNICIPAL CODE PROVIDING FOR THE POSTING
OF PUBLIC NOTICE ON THE PREMISES FOR WHICH
APPLICATION HAS BEEN MADE FOR A VARIANCE
WHEREAS, the City Council desires to amend Section 2-22(c)
of the Aspen Municipal Code to provide for posting of premises for
which application has been made for a variance,
I~OW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO:
Section 1
That Section 2-22(c) of the Aspen Municipal Code is hereby
repealed and reenacted to read as follows:
(c) The board of adjustment shall hold a public
hearing on all applications and appeals, with the
following special conditions required:
(1) For application for variances and appeals
relating to the use requirements of the zoning
laws of the City, public notice shall be given
by the posting of a sign in a conspicuous place
on the premises for which application has been made
at least ten (10) days prior to the hearing date
and by written notice sent by first class mail
at least ten (10) days, or delivered personally
at least five (5) days, prior to the hearing
date, to owners of property within three hundred
(300) feet of the property in question. Owners
of residential multifamily condominium units may
be served by mailing (or serving) sufficient copies
of any such notice (one for each owner) to the
record address of their homeowners' association.
If any such notice is given to any federal, state,
county or municipal government or school or service
district or other governmental or quasi-governmental
aqency, or to residential multifamily condominium
unit owners through their homeowners' association,
it shall be sent by first class mail or delivered
personally at least fifteen (15) days prior to
the hearing date.
(2) For applications for variances not relating to
the use requirements of the zoning laws of the City,
public notice shall be given by the posting of a
sign in a conspicuous place on the premises for
which application has been made at least ten (10)
prior to the hearing date, and by written notice
sent by first class mail at least ten (10) days,
or delivered personally at least five (5) days,
prior to the hearing date to owners of property
adjacent to the property in question. Owners of
residential multifamily condominium units may
be served by mailing (or serving) sufficient copies
of any such required notice (one for each o-~ner) to
the record address of their homeowners' association.
days
RECORD OF PROCEEDINGS
If any such notice is given to any federal, state,
county or municipal government or school or service
district or other governmental or quasi-governmental
agency, or to residential multifamily condominium
unit owners through their homeowners' association,
it shall be sent by fist class mail or delivered
personally at least fifteen (15) days prior to
the hearing date.
(3) Notice given by posting shall include a sign
of suitable materials, not less than twenty-two
inches wide and twenty-six inches high, composed
of letters not less than one inch in height and
stating the type of variance or ruling on appeal
which is applied for, the date of application, the
date of hearing, and the name and address of the
applicant, and such other information as may be
required to fully appraise the public of the nature
of the application. If the applicant is a partnership
the sign shall contain the names and addresses of
all partners, and if the applicant is a corporation,
association, or other organization, the sign shall
contain the names and addresses of the president,
vice president, secretary, and manager or other
managing officers.
(4) For applications for variance relating to
the use requirements of the zoning laws of the city,
a fee of twenty dollars ($20.00) shall be charged
to cover the cost of advertising and processing.
For all other applications a fee of ten dollars
($10.00) shall be charged to cover such costs.
(5) Unless otherwise stated in the board of
adjustment minutes, all variance permits shall be
valid for a period of time not to exceed one year
from the time such variance is granted.
(6) Whenever the board of adjustment shall act on
matters relating to signs, as set forth in the
supplementary regulations in section 24-9, the board
of adjustment may first refer such applications for
a variance to the planning commission for their
review and recon~endations.
(7) The board of adjustment shall make a finding
that the conditions in this section are satisfied
by the reasons set forth in the application and that
the variance is the minimum variance that will make
possible the reasonable use of the land, building
and structure.
(8) The board of adjustment, in granting a variance,
may prescribe appropriate conditions and safeguards
in conformity with the zoning laws of the city
violation of which shall be deemed a violation of
this section.
Section 2
If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, such
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RECORD OF PROCEEDINGS
invalidity shall not affect other provisions or applications
of the ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of
this ordinance are declared to be severable.
Section 3
A p~lic hearing on Se ordinance shall be held on
~,~f~ ~ , 1979, at 5:00 P.M. in the
%
City Council Cha~ers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, ~AD AND ORDERED published as provided by law
by the City Council of the City of Aspen, Colorado, at its regular
meeting held on the /~day of \ ~~_ ,
· ~t~cy ~tandley III /
Mayor/
ATTEST:
City Clerk
passed and approved this /~ay of
FINALLY, adopted,
ATTEST:
~1979~'Q
Stac~ ~tandley
May7 ~?
~i. athryn S.//Koch
City ClerR
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STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S. Koch, City Clerk of Aspen, Colorado,
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 ~ouncil of the
City of Aspen on\ ~/~, 197~, and published
in the Aspen Times a weekly n~spaper of general circul-
ation, published in the City of Aspen, Colorado, in its
issue of~.~~7~. /~r-' 197~, and was finally sdopted
and approved at a regular meeting of the City Council on
Ordinance No.
provided by law.
IN WITNESS WHEREOF, I have hereunto
the seal of said City o~ Aspen~ Colorado,
day of _~_ , 197
SEAL
, 197~, and ordered published as
Series of ]97~, of said City, as
set my hand and
this ~
City Cler~ ....
Ci~C~erk