[DOWNLOAD] "Stroud v. City of Aspen" by Colorado Court of Appeals " Book PDF Kindle ePub Free

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eBook details

• Title: Stroud v. City of Aspen
• Author : Colorado Court of Appeals
• Release Date : January 03, 1975
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

In 1971 the plaintiffs (the Strouds) applied for a building permit to erect a business building in a commercial core (C-C) area in the City of Aspen (the city). The permit was denied until the Strouds complied with the citys ordinance relating to furnishing off-street parking. The ordinance contained a two-pronged option: an applicant for a permit in a C-C district (1) must either provide parking spaces on-site pursuant to a specific formula; or (2) must enter into a lease agreement with the city for the required number of parking spaces in a municipal-owned parking facility under such terms and conditions as the city manager may impose. The Strouds planned a building which would require five spaces. They elected to use the second option and were presented a lease for five spaces not specifically designated as to location and carrying a price tag of $24,000 payable in annual advance installments of $1,200 for a total of 20 years. The lease contained an incongruous loophole, to wit: "Nothing contained herein shall require the City to construct said parking facilities." Thus, the Strouds were required to and did pay a fee to acquire parking in lieu of providing spaces themselves, but the city was under no obligation to augment parking availability and did not do so specifically for those holding leases.

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