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Town Council Resolution 20 2010TOWN OF SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 20 SERIES OF 2010 A RESOLUTION GRANTING WAIVER OR DEFERRAL OF CERTAIN SUBMISSION REQUIREMENTS FOR THE TIMBERLINE CONDOMINIUM ASSOCIATION MINOR PUD AMENDMENT APPLICATION. WHEREAS, the Timberline Condominium Association, Inc. ("Applicant") is requesting a waiver or deferral of certain submission data requirements for a Minor PUD Amendment application; and WHEREAS, with the application submitted March 31, 2010, the Applicant is requesting deferral of certain submission data requirements within the meaning of Section 16A -5-50(a)(1) of the Town of Snowmass Village Municipal Land Code ("Municipal Code"); and WHEREAS, Municipal Code Section 16A -5-50(a)(1) states: "The Town Council, upon the recommendation of the Planning Director, may authorize the waiver and/or deferral of the requirement to submit certain application items if determined that they are not necessary to commence review of the application'; and WHEREAS, Municipal Code Section 16A -5-50(a)(1) further states: "The authorization of the waiver or deferral request by the Town Council shall occur by adopting a resolution at a regularly scheduled meeting and shall reserve the right for the Town to require that any material initially waived or deferred may be required to be submitted by the applicant at any time during the review process if needed to evaluate the applicant's proposal;" and WHEREAS, the waiver/deferral request of the Applicant was considered by the Town Council at its meeting on April 19, 2010, to receive evidence and comment from the Town Staff, the Applicant, and to provide an opportunity for comment from the public. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, as follows: Section One: Approval of Submission Requirement Waivers and Deferral. The Town Council grants approval for the waiver of the requirement that the Applicant provide a Fiscal Impact Report, Brush Creek Impact Report and Wildlife Habitat Analysis for the application as currently submitted. The requested deferral items shall be submitted with the application during Planning Commission review but prior to Planning Commission action. The Town Council shall reserve the right for the Town to require that any material initially waived may be required to be submitted by the applicant at any time during the review process if needed to evaluate the Applicant's proposal. Section Three: Severability. If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. Res.tc10-20 Page 2 of 2 READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowmass Village on April 19, 2010 upon a motion by Council member Butler, the second of Council member Mordkin, and upon a vote of 4 in favor and 0 against. Council member Lewis was absent. TOWN OF SNOWMASS VILLAGE TOWN COUNCIL Bill Boineau, Mayor ATTEST: 0"- Y ' - 1 Donna J. Garcia, CMC Deputy Town Clerk John. Dresser, Jr., Town P:\shared\Clerk\OLDRES.TC\2010\10-20.doc