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HomeMy WebLinkAboutordinance.council.017-73(Series of 1973) AN ORDINANCE AMENDING SECTION 24-9 OF CHAPTER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN~ COLORADO~ BY THE ADDITION OF SUBSECTION (h) RESTRICTING HEIGHTS OF STRUCTURES WITHIN AREAS NECESSARY TO PRESERVE MOUNTAIN VIEWS. WHEREAS~ the city council has determined that to preserve certain mountain views will promote the health and general welfare of the residents of the City of Aspen and conserve the value of property therein; AND WHER]~AS, the preservation of mountain views from parks and other public places within the city will increase the beauty of the City of Aspen and the enjoyment of its residents, will strengthen the city's environmental heritage, enhance its attrac- tiveness to tourists, will maintain property values, and generally promote the prosperity and welfare of the community; AND WHEREAS, the city council has found that specific height limitations shall be established in designated areas of the City of Aspen to prevent the obstruction of mountain views; NOW THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN~ COLORADO: Section 1. Section 24~9 Colorado, which section is entitled "Supplementary is hereby amended by the addition of subsection (h) subsection shall read as follows: of the Municipal Code of the City of Aspen, Regulations," which new "(h) Mountain View Height Limitations Intention - To protect from obstruction mountain views from designated parks and other public places to increase the beauty of Aspen and the enjoyment of its residents and visitors, to strengthen the city's environ- mental heritage, enhance its tourist industry and maintain property values, promote the general prosperity and welfare of the (1) No land shall be used and no building shall be constructed, altered or changed so as to invade any area designated as an area necessary for the preservation of any mountain view. (2) Whenever any use or building lies partially within and partially without an area designated as an area neces- sary for the preservation of any mountain view, the restrictions of this subsection shall apply. (3) The commission of any act prohibited by this sub- section shall constitute a violation of Chapter 24 of this Code and remedies provided therein may be had by any person aggrieved by any violation of this subsection. (4) Ail elevations used herein are based on the United States Geologic Survey (USGS) benchmark located in the southwesterly corner of the Pitkin County Courthouse Foundation at an elevation of 7,909.00 feet above mean sea level. a. Glory Hole Park View Plane. There is hereby established a view plane originating from Glory Hole Park above which plane no land use or building shall project. The reference point bears N 19° 06' 00" W a distance of 919.85 feet from Corner 1 of the Aspen Townsite, a 1954 BLM brass cap; the reference base line bears N 55° 04' 05" E a distance of 73.00 feet from the reference point. Elevation of the reference point and reference base line is 7949.75 feet above sea level. The view plane consists of two spatial community. erected, components more particularly described as follows: 1. Ail that space which is within the projection of a sector of 9° 54' 00" described by two radial lines which bear S 44° 49" 55" E and S 34° 55' 55" E respectively from the reference point, and which is also above the view plane which passes through the reference base line at an inclination of 3° 30' above horizontal. 2. Ail that area which is within the projection of the following described perimeter and which is also above the view plane which passes through the reference base line at an inclination of 3° 30' above horizontal. The perimeter is more fully described as follows: Beginning at the reference point: thence N 55~ 04' 05" E a his- tance of 73.00 feet along the reference base line; thence S 34° 55' 55" E a distance of 418.27 feet to a point on the northerly radial line of the view sector; thence N 44° 49' 55" W along said radial line a distance of 424.59 feet to the reference point." Section 2. 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 applications of the ordinance which can be given effect without the invalid provisions or ap- plications, and to this end the provisions of this ordinance are declared to be severable. Section 3. The council finds this ordinance is necessary for the immedi- ate preservation of the public welfare and determines that it shall take effect immediately upon its final passage and publication (3) Section 4. A public hearing on the ordinance Counci~ Chambers, City Hall Building, Aspen, Colorado. shall be held at P. M. in the City by INTRODUCED, the City Council READ AND ORDERED PUBLISHED as of the City of Aspen, provided by law Colorado, on this , 1973. ATTEST: Mayor / FINALLY ADOPTED, PASSED AND APPROVED THIS c~--~/~ day of 1973 ATTEST: ffity Clerk STATE OF COLORADO) ) ss cERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on May 14 , 197__~ and published in the Aspen Today a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of M~y 16 , 197~_, and was finally adopted and approved at a regular meeting of the City council on May published as Ordinance No. said City, as provided by law. 29 , 1973__, and ordered 17 , Series of 197L, of IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado, this 29th day of May , 197__3