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HomeMy WebLinkAboutordinance.council.035-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1974) AN ORDINANCE AMENDING SECTIONS 2-22 (c) (1) AND 2-22(c) (2) OF THE ASPEN MUNICIPAL CODE WHICH AMENDMENTS ENLARGE THE PERIOD OF TIME FOR SERVICE OF NOTICE ON HEARINGS BEFORE THE BOARD OF ADJUSTMENT FOR VARIANCES FROM THE ZONING CODE. WHEREAS, the Aspen city Council has been apprised that the existent notice provisions of §2-22 of the Aspen Municipal Code for hearings before the Board of Adjustment on variance requests appear to be inadequate to properly advise adjacent landowners and give them an opportunity to protest if so inclined, and WHEREAS, the City Council wishes to enlarge the notice period, with special consideration being given to governmental and quasi-governmental agencies with deference to their procedural limitations, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 2-22, subsection (c) (1) , of the Municipal Code of the city of Aspen, Colorado, is hereby amended to read as follows: "(1) For application for variances and appeals relating to the use requirements of the zoning laws of the city, a written notice of such hearing shall be 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. Provided that if RECORD OF PROCEEDINGS 100 Leaves such notice is given to any federal, state, county or municipal government or school or service district or other governmental or quasi-governmental agency, it shall be sent by first class mail or delivered personally at least fifteen (15) days prior to the hearing date." Section 2. That Section 2-22, subsection (c) (2), of the Municipal Code of the city of Aspen, colorado, is hereby amended to read as follows: "(2) For applications for variances not relating to the use requirements of the zoning laws of the city, a written notice of such hearing shall be 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 pro- perty adjacent to the property in question. Provided that if such notice is given to any federal, state, county or municipal govern- ment or school or service district or other governmental or quasi-governmental agency, it shall be sent by first class mail or delivered personally at least fifteen (15) days prior to the hearing date." Section 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or -2- RECORD OF PROCEEDINGS 100 Leaves 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. Section 4. A public hearing on this ordinance shall be held on ~j~ ~ , 1974, at 5 P.;4., in the City Counc~1 Chambers, City Hall, Aspen, colorado. INTRODUCED, READ AND ORDERED PUBLISHED by the Aspen City Council at its regular meeting held on the day of ~.,~ , 1974. / Lorraine Graves city Clerk FINALLY ADOPTED, PASSED AND APPROVED this ATTEST: City Clerk STATE 'F COLORADO ) ) ss COUNTY DF PITKIN ) CERTI'. JATE I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introducted, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on August 12 ,196 74 and publish- ed in the fspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its August 15 74 issue of ..,196__, and was finally adopted and approved at a regular meeting of the City Council on ,196 7~ and ordered published as , Series 196 ?4 , of said City, as August 26 Ordinance No. 35 provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 27th day of August , 196 74. SEAL "~orraxne Graves, City Clerk