HomeMy WebLinkAboutcoa.lu.ca.development orders expiration 0001.2010THE CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER
PARCEL ID NUMBER
PROJECTS ADDRESS
PLANNER
CASE DESCRIPTION
REPRESENTATIVE
DATE OF FINAL ACTION
0001.2010.ASLU
DEV ORDER
CITY HALL
CHRIS BENDON
DEV ORDER
CHRIS BENDON
1.15.2010
CLOSED BY ANGELA SCOREY ON 5.18.10
Sr.r j
PUBLIC NOTICE
RE: INTERPRETATION OF THE LAND USE CODE -EXPIRATION OF
DEVELOPMENT ORDER
NOTICE IS HEREBY GIVEN that a code interpretation regazding the meaning of
Section 26.304.070.D -Expiration of Development Order was issued January 15, 2010.
The interpretation request was submitted by Aspen Land Fund II, owing property within
the City of Aspen, represented by Sunny Vann.
The interpretation and is available for public inspection in the Community Development
Depaztment. For further information contact Chris Bendon at the City of Aspen
Community Development Department, 130 S Galena St, Aspen, CO, (970) 920.5090.
Published in the Aspen Times on February 7, 2010.
City of Aspen Account
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY:
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
1, ~'Vl~ ~ ~ ~C ~ ~~ (name, please print)
being or representing an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306/.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
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ignature
The foregoing "Affidavit of Notice" was a~ck^nowledged before me this is day
of .FP~J.r. ~/vl , 20~Q, by ~ I `~ ~rn `~x01'~~
1 PUBl1C NOTI~
flE: INTEINNETATgN OFOF THE LAND UBE
CODE n E P111ATN)N OF DEVELOPMENT
ONDEfl
NOTICE IS NENEBV GIVEN that a coEe interpre-
taUOn ragertling Ma meaning of Section
26.304.0]O.D -Expiration of Development Order
was issuetl January 15, 2010. The interpretation
request was submittetl by gspen Lantl Funtl II,
owing property within the City of Aspen, represent-
etl by Sunny Vann.
The interpretation and is available for public in-
spection in the Community Development Deperl-
ment. For further information contact Chris Ben-
tlon at the City of Aspen Community Development
Department, 130 S Galena St, Aspen, CO, (9]O)
920 5090.
Publishetl in the Aspen Times Weekly on February
],2010. ~4613]4fi]
WITNESS MY HAND AND OFFICIAL SEAL
My commission expires: ~~Fl~(],_ _
No't~y Pu lic ~7 "~~`~~
ATTACHMENTS:
COPY OF THE PUBLICATION
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APPROVED
CITY OF ASPEN
COMMUNITY DEVELOPMENT DEPARTMENT .1.~'i 1 5 "[Uit1
LAND USE CODE INTERPRETATION
C0IMNJNITYDEVEIppMENTdRECTOR
JURISDICTION: City of Aspen GTYOFgsp~
APPLICABLE CODE SECTION: 26.304.070.D -Expiration of
Development Order
EFFECTIVE DATE: January 15, 2010
WRITTEN BY: Chris Bendon,
Community Development Director
APPROVED BY: Chris Bendon,
Community Development Director
BACKGROUND:
The City's Land Use Code states that an applicant must receive a building permit within
the period of statutory vested rights. Following is the applicable code language:
D. Expiration of development order. The development order shall not expire but
shall be subject to any amendments to the Land Use Code, that have been adopted
since the development was approved, after the period of vested rights has expired.
Vested property rights, including allotments received pursuant to Chapter 26.470,
shall expire on the day after the third (3'd) anniversary of the effective date of the
development order, unless a building permit is approved pursuant to Section
26.304.075 below or unless an exemption or extension of the approval is granted
by the City Council pursuant to Section 26.308. [emphasis added]
Issuance of a complete building permit, sometimes called a main permit or a number one
permit, cleazly meets this standazd.
However, the City is accustomed to issuing "phased" permits for initial components of a
construction project while other components aze still under permit review. For example,
prior to the City issuing a complete building permit an applicant may apply for and receive
an "Access and Infrastructure" permit to access the site, cleaz vegetation, establish
perimeter fencing, etc. all in prepazation for construction. An applicant may also apply for
and receive an "Excavation and Foundation" permit enabling certain limited work to
progress in advance of receiving a complete permit. The phased nature of permitting is an
established and routine practice of the City's Community Development Department.
Sunny Vann, on behalf of Aspen Land Fund II owning property in Aspen, has requested a
determination as to which phase of a phased permit qualifies as meeting the requirement
established in the Land Use Code section cited above.
DISCUSSION AND INTERPRETATION:
The City's Chief Building Official may issue the following phases of a phased permit:
• Access & Infrastructure
• .Excavation & Foundation
• Structural Frame
• Core and Shell
• Tenant Finish
The Access & Infrastructure permit allows site preparation activities in advance of
construction but does not allow for construction per se. No impact or other development
fees aze collected and no inspections aze conducted. Because this phase of a permit is
effectively a permit in name only and does not allow for a building or portion thereof to be
built, the issuance of this permit does not meet the intent of the standazd established in the
code for approval of a building permit.
Issuance of the next phase, Excavation & Foundation, does require the collection of
impact, dedication, and other development fees and results in a portion of a building being
constructed. Issuance requires compliance with the Development Order and any
conditions thereon. Subsequent phases at this point are a matter of technical review and
compliance and no longer a matter of obtaining land use approvals.
The Land Use Code requires approval of a building permit within the time limitations of a
vested rights period. If a project is not obtaining phased permits, this requirement can only
be met through approval of a complete building permit. This is sometimes called a main
permit or a number one permit. For projects seeking phased permits for construction,
approval of an Excavation & Foundation permit meets the requirement for an approved
building permit. In either case, certain time limitations established by the International
Building Code, the International Residential Code and policies of the Chief Building
Official regarding the timely pursuit and execution of a permit apply.
LIMITATIONS OF DECISION:
This interpretation relies on the City's Land Use Code currently in effect, which is subject
to change. An amendment regarding this provision of the City's Land Use Code is
currently in process. This interpretation shall be valid until such time as the Land Use
Code is amended. This interpretation does not create a vested right. This interpretation
will be maintained in the official record of all interpretations as provided under Section
26.306.O10.E.
APPEAL OF DECISION:
Any person who has requested an interpretation may initiate an appeal by filing a notice of
appeal on a form prescribed by the Community Development Director. The notice of
appeal shall be filed with the Community Development Director within fourteen (14) days
of the date of the decision being appealed. Failure to file such notice of appeal within the
prescribed time shall constitute a waiver of any rights to appeal the decision.
EXHIBITS:
A -January 3, 2010, Vann letter
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VANN ASSOCIATES, LLC
Planning Consultants
January 3, 2010
HAND DELIVERED
Mr. Chris Bendon, Director
Aspen Community Development Department
130 South Galena Street
Aspen, CO 81611
Re: Code Interpretation
Dear Chris:
RE~~o~-~~
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~pMMUNITY p~~~~ENT
Please consider this letter a request for an interpretation of Section 26.304.070.D. of
the Aspen Land Use Regulations (see Exhibit 1, Land Use Application Form). The
request is submitted pursuant to Section 26.306.010 of the regulations by Aspen Land
Fund II, LLC, a Colorado limited liability company. Aspen Land Fund is the owner
of three parcels of land located on the west side of South Aspen Street near the base
of Aspen Mountain which are commonly referred to as the South Aspen Street
Subdivision/PUD (see Exhibit 3, Title Commitment). Permission for Vann Associ-
ates, LLC, to represent Aspen Land Fund is attached as Exhibit 3.
Requested Interpretation
Section 26.304.070.D. states in part that "Vested property rights ... shall expire on
the day after the third anniversary of the effective date of the development order,
unless a buildine Dermit is approved pursuant to Section 26.304 075 (emphasis
added), or unless an exemption or extension of the approval is granted by the City
Council pursuant to Section 26.308. " As we have discussed, at issue is the meaning
of "building permit" as such teen applies to construction projects for which phased
permits are issued as provided for in the International Building Code.
Denis Murray of the Building Department has indicated that the first "building
permit" typically issued in a phased building permit process is an Excava-
tion/Foundation Permit. A complete building permit application, as provided for in
Section 26.304.075.A., however, is required prior to issuance of an Excava-
tion/Foundation Permit, and plan check, GIS fees, etc. are due at the time the applica-
tion is submitted. All impact fees and dedications (e.g., park dedication fees, afford-
able housing impact fees, etc.) are due prior to issuance of the Excavation/Foundation
230 East Hopkins Ave. 'Aspen, Colorado 81611 970/925-6958 Fax 9701920-9 3 1 0
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Mr. Chris Bendon
January 3, 2010
Page 2
Permit. Subsequent phased permits (i.e., a Structural Frame Permit, etc.) are
typically issued as the permit review process is completed.
While the Building Department has established a so-called Access and Infrastructure
Permit process, this permit is apparently not considered a "building permit" per se as
no building construction is permitted. Only site preparation (e.g., soil stabilization,
utility relocation, etc.) are typically allowed. In addition, applicable impact fees and
dedications are not collected upon issuance of such permits. Such fees are collected
upon either issuance of the initial permit in a phased building permit process as
described above or upon the issuance of the so-called Full Building Permit for anon-
phased building permit application.
Based on the above, I believe it is reasonable to assume that "building permit", as
referred to in Section 26.304.070.D., means the initial Excavation/Foundation Permit
in a phased permit process or the Full Building Permit when a phased approach is not
undertaken. The fact that all impact fees and dedications are due upon issuance of
either lends support to this interpretation. Your confirmation of this interpretation of
Section 26.304.070.D, however, would be appreciated.
Should you have any questions, or if I can be of any further assistance, please do not
hesitate to call.
Yours truly,
cc: John Sarpa
Arthur C. Daily, Esq.
d:\oldc\bus\city.app\app45303.int
Attachments
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LAND USE APPLIC~4TI0N ~ ' ! ! ' " '
APPLICANT:
Name: i~~~~~'~1/ ~ I/~~~ 1~~~~000
Location:
(Indicate street address lot & block number legal descnpuon whets appropriate)
Parcel ID # RE UIRED)
REPRESENTATIVE: I ,~ ~
Name: ~~~N 7 ! /^~~~~~ ~~'AW~~~~'~~ «G
Address: 23a E ~7`~ ' s ~~`'~ "'L/~ ~~~ ~~
Phone #: ~~~ -G~lcS
PROJECT:
Name: ~ ~'L/T~/nP/°/~C~T! /~
Address:
Phnne #~
TYPE OP APPLICATION: (please check all that apply):
^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt.
^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development
^ Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt.
^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition
^ GMQS Exemption ^ Subdivision ^ Historic Designation
^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/
Mazgin, Hallam Lake Bluff, condominiumi~ation) Expansion
Mountain View Plane
Other: G~J~'x~°
^ Lot Split ^ Temporary Use
d /
1~~~'l~~''fr/c~
f l Lot Line Adjustment ^ ment
Text/Map Amen
EXISTING CONDITIONS: (descripti
PROPOSAL: (description of proposes
Have you attached the following? FEES DuE: $ `~' ~
^ Pre-Application Conference Summary
^ Attachment #1, Signed Fee Agreement
^ Response to Attachment #3, Dimensional Requirements Form
^ Response to Attachment #4, Submittal Requirements- Including Written Responses to Review Standards
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ALTA Commitment For Title Insurance
American Immd Title Assodation
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AUTHORIZED AGENT:
PTTKIN COUNTY TITLE, INC.
601 E. HOPIQNS AVE. 3~FLOOR
ASPEN, COLORADO 81611
970-925-1766-PHONE
970-925-6527-FAX
877-217-3158-TOLL FREE
E-MAIL ADDRESS:
EXHIBIT
2
TITLE MATTERS: CLOSING MATTERS:
Vince Higens-wince@sopris.net TJ Davis-tjd~sopris.net
Priscilla Prohl-priscilla~sopris.net Joy Higens-joyC~?sopris.net
Brandi Jepson-brandi~sopris.net (Closing & Title Assistance)
iilssne~~d By ((~~,,,,,,~~,,~,~,,
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Home Office:
101 Gateway Cents Parlaoay, Gateway One
Richmm~d, Virginia 232iS5153
1-800d4(r7086
B 1004-268
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
1. Effective Date: Maroh 6, 2006 at 8:00 AM
Case No. PCT15438PR2
2. Policy or Policies to be issued:
(a) ALTA Owner's Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
(b) ALTA Loan Policy-Porto 1992
Proposed Insured:
(c) ALTA Loan Policy-Form 1992
Proposed Insured:
Amount$ 0.00
Premium$ 0.00
Rate:
Amount$
Premium$
Rate:
3. TiOe to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the
effective date hereof vested in:
ASPEN LAND FUND II LLC, A COLORADO LIMITED LIABILITY COMPANY
4. The land referted to in this Commitment is situated in the County of PITKIN State of COLORADO and is
described as follows:
See Attached 6chibit "A"
PITIDTI COUNIY TTl'[B, INC
601 E. HOPKINS, ASPEN, CO. 81611
970-9251766 PLone/970.925-6571 Farz
877-217-3156 Toll Free
AUTHORIZED AGENT
Countersigned:
Schedule A-PG.1
This Commitrnent is invalid
unless the Insuring
Provisions and Schedules
A and B are attached.
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1:
Block 6,
EAMES ADDITION TO THE C1TY AND TOWNSITE OF ASPEN,
more particularly described as follows:
/`1
Beginning at a point which is the intersection of the Easterly right of way line of Gannisch Street and the Southerly right of
way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th
P.M., bears N 53°20'28" East 814.56 feet;
thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet to the Westerly right of way line of
Aspen Street;
thence along said right of way line of Aspen Street S 14°50'49" W 130 feet to the Northerly right of way line of Juan Street;
thence along said right of way line of Juan Street N 75°09'11" W 330 feet to the Easterly right of way line of Garmisch
Street;
thence along said rlght of way line of Gannisch Street N 14°50'49" E 130 feet to the point of beginning.
EXCEPTING therefrom: The portion described in Book 232 at Page 362.
The above parcel is also described as follows:
Beginning at a point which is the intersection of the Easterly right-of--way line of Gannisch Street and the Southerly
right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of
the Srxth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less;
thence along the Sorlthedy right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly
right-of-way line of Aspen Street,
thence along said right-0f-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line
of Juan Streak
thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of
land described in Book 232 at Page 362;
thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly right-of-way
line of Gannisch Street;
thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning.
SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS:
Block 6,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
more particularly described as follows:
Beginning at a point which is the intersection of the Easterly right of way line of Garmisch Street and the Sorherly right of
way line of Dean Avenue, from whence the Northeast Comer of Section 13, Township 10 South, Range 85 West of the 6th
Principal Meridian., bears N 53°20'28" East 614.56 feet more or less;
thence along the Southerly right of way line of Dean Avenue S 75°09'11" E 330 feet, more or less to the Westerly right of
gray line of Aspen Street;
thence along said right of way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northery right of way line
of Juan Street;
thence along said right of way line of Juan Street N 75°09'11" W 330 feet, more or less to the Easterly rlght of way line of
Gannisch Street,
thence along said rlghf of way line of Garmisch Street N 14°50'49" E 130 feet, more or less to the point of beginning.
EXCEPTING therefrom: That parcel of land descibed in Book 232 at Page 362 in the records of the Clerk and Recorder
of Pitkin County, Colorado.
Said Parcel 1 is also described as follows:
Beginning at a point which is the intersection of the Easterly right-of-way line of Gannisch Street and the Southerly
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right-of-way line of Dean Avenue, from whence the Northeast comer of Section 13, Township 10 South, Range 85 West of
the Sixth Principal Meridian bears N 53°20'28" E 814.56 feet, more or less;
thence along the Southerly right-of-way line of Dean Avenue S 75°09'11" E 330 fee, more or less, to the Westerly
right-of-way line of Aspen Street;
thence along said right-of-way line of Aspen Street S 14°50'49" W 130 feet, more or less to the Northerly right-of-way line
of Juan Street;
thence along said right-of-way line of Juan Street N 75°09'11" W 298.20 feet, to the Southeasterly comer of that parcel of
land described in Book 232 at Page 362;
thence N 40°21'11" W along the Northeasterly line of said parcel, a distance of 38.73 feet to the Northeasterly dght-of-way
line of Gannisch Street;
thence along said right-of-way line of Garmisch Street N 14°50'49" E 107.90 feet, more or less, to the point of beginning.
PARCEL 2:
That portion of the Northeast one-quarter of the Northeast one-quarter (Lot 1) of Section 13, Township 10 South, Range
BS West of the 6th P.M., described as follows:
Beginning at the Northeast Comer of Lot 13, Block 11, Eames Addition;
thence N 75°09'11" W 181.25 feet;
thence S 14°50'49" W 78.00 feet;
thence S 03°55'43" W 164.99 feet;
thence S 75°09'11" E 150.00 feet;
thence N 14°50'49" E 240.00 feet to the point of beginning.
ALSO KNOWN AS
Lots 13, 14, 15, 16, 17, 18, 19 and 20,
Block 11,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN,
and a tract of land being part of Lot 1 of Section 13, Township 10 South, Range 85 West of the 6th P.M., described as
follows:
Beginning at the Northwestedy comer of Lot 13, Block 11, Eames Addition;
thence S 14°50'49" W 240.00 feet along the Westerly line of said Block 11 to the Southwesterly comer of Lot 20, Block 11,
Eames Addition;
thence N 03°55'43" E 164.99 feet;
thence N 14°50'49" E 78.00 feet;
thence S 75°09'11" E 31.25 feet to the point of beginning.
AND
Lots 7, 8, 9, 10, 11 and 12,
Block 11,
EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN, more tulry described as follows:
Beginning at the Northwesterly comer of said Lot 7;
thence S 75°09'11" E 160.OD feet along the Northerly boundary line of said Block 11;
thence S 14°50'49" W 100.00 feet along the Easterly boundary line of said Block 11;
thence N 75°09'11" W 180.00 feet along the Southerly boundary line of said Lots 7-12 to the Southwesterly comer of said
Lot 7;
thence N 14°50'49" E 100.00 feet along the Westerly boundary line of said Lot 7 to the point of beginning.
SAID PARCEL OF LAND ALSO BEING DESCRIBED AS FOLLOWS:
Beginning at the Southwest comer of said Lot 7, a mbar and cap PLS # 29030, from which a rebar and cap PLS # 2547
bears N 55° E a distance of 0.7 feet;
thence N 14°50'49" E along the westerly line of said Lot 7, a distance of 100.00 feet to the Northwest comer of said Lot 7,
also being at the Southerly right-of-way of Juan Street in the City of Aspen, a rebar and cap PLS # 2547;
thence S 75°09'11" E along the Northerly line of said Block 11, also being the Southerly right-of-way line of said Juan
Street a distance of 180.00 feet to the Northeast comer of said Block 11, a rebar and cap PLS # 29030;
thence S 14°50'49" W along the Easterly line of said Block 11, also being the Westerly right-of-way of Aspen Street in the
City of Aspen a distance of 100.00 feet to the Southeast comer of said Lot 12, a rebar and cap PLS # 29030;
thence N 75°09'11" W along the Southedy line of said Lots 7,8,9,10,11 and 12 a distance of 180.OD feet to the point of
beginning.
,,
AND
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The vacated alley situated in Block 11, EAMES ADDITION TO THE CITY AND TOWNSITE OF ASPEN.
,.
January 3, 2010
Mc Chris Bendon, Director
Community Development Department
130 South Galena Street
Aspen, Colorado $Ibll
Re: Permission to Represent
Dear Mr. Bendon:
EXHIBIT
8
Please consider this letter authorization for Sunny Vann of Vann Associates, LLC,
Planning Consultants, to represent us in dte processing of our request for an interpreta-
tion of Section 26.304,0"10.0. of the Aspen Land Use Regulations, Mr, Vann is hereby
authorized to act on our behalf with respect to all matters reasonably pertaining to the
aforementioned interpretation request.
Should you have any questions, or if we can be of any furdter assistance, please do not
hesitate to call.
Yoars truly,
AS'EN LAiVD B'UND II, LLC
a Colorado Ihnitcd liability cmnpany
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THE CITY OF ASPEN
Land Use Application
Determination of Completeness
Date: Januazy 12, 2010
Dear City of Aspen Land Use Review Applicant,
We have received your land use application and reviewed it for completeness. The case number
and name assigned to this property is 0001 2010 ASLU -Code Interpretation. The planner
assigned to this case is Chris Bendon.
^ Your Land Use Application is incomplete:
We found that the application needs additional items to be submitted for it to be deemed
complete and for us to begin reviewing it. We need the following additional submission
contents for you application:
Please submit the aforementioned missing submission items so that we may begin reviewing
your application. No review hearings will be scheduled until all of the submission contents listed
above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the
land use application.
Your Land Use Application is complete:
If there aze not missing items listed above, then your application has been deemed complete
to begin the land use review process.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2759 if you have any
questions.
Th c You, r~ V v ~
Jennifer P el ,Deputy Director
City of Aspe ,Community Development Department
For Office Use Onlv: Qualifying Applications:
Mineral Rights Notice Required SPA PUD COWOP_
Yes No Subdivision (creating more than 1 additional lot)
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