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Permit type.&siu Aspen Land Use Permit i 0012 2010.ASLU
Address 219 S THIRD ST Apt/Suite
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Permit Information
eiMaster permit Routing queue laslu07 Applied 4/6/2010
S.I Project Status pending Approved
$ Description CODE INTERPRETATION:APPEAL PROCEDURES Issued
Final
Submitted SUZANNE FOSTER(215)353-1907 Clock Running Days 0 Expires 4f1(2011
0 I Submitted via
Owner
Last name FCSTER I First name SUZANNE 7 SOUTH MAW ST
YARDLEY PA19067
Phone (215)353-1907 Address
Applicant
QQ Ownei is applicant? Q Contractor is applicant?
Last name FOSTER First name SUZANNE 7 SOUTH MAIN ST
YARDLEY PA 19067
IF Phone (215)353-1907 Cust S 28770 Address
Lender
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AspenGold5(serves) angelas ® 1 of 1 -••
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APPROVED
CITY OF ASPEN PI 2t;iQ
COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVELOPMENT DIRECTOR
LAND USE CODE INTERPRETATION CITY OF ASPEN
JURISDICTION: City of Aspen
APPLICABLE CODE SECTION: 26.316—Appeals
EFFECTIVE DATE: March 23, 2010
WRITTEN BY: Chris Bendon,
Community Development Director
APPROVED BY: Chris Bendon,
Community Development Director
The City's Land Use Code describes various appeal mechanisms for decisions and
determinations that are required to be made concerning development. Some Chapters and
Sections of the Code describe appeal procedures expressly applicable to that Chapter or
Section. Other portions of the Code do not specify an appeal procedure specific to that
component of the Code and rely instead on the general procedures of the Code.
The applicant for this Code interpretation is contemplating the redevelopment of a
residential property, 219 S. 3`1 Street. The redevelopment requires various decisions,
determinations, and approvals to be made by administrative officials in order to gain a
building permit. These actions range from an administrative review of an Accessory
Dwelling Unit to the review of a building permit application for compliance with building
codes and zoning limitations. This interpretation is provided to describe appeal procedures
for these actions.
Appeals pursuant to the general appeal procedures of the Land Use Code—
Chapters and Sections of the Land Use Code that do not contain specific appeal procedures
rely on the Code's general appeal procedures. Chapter 26.316 of the Land Use Code
describes appeal procedures and provides different bodies the ability to hear certain types
of apeals. Subsection 26.316.020.D provides:
"The Administrative Hearing Officer shall have the authority to hear an appeal
from any decision or determination made by an administrative official unless
otherwise specially stated in this title. "
Chapter 26.222 describes the responsibilities of the Hearing Officer as follows:
"To hear and decide appeals from, and review any order, requirement, decision, or
determination made by any administrative official charged with the enforcement of
this title [the Land Use Code],pursuant to Chapter 26.316, except for appeals of
ii
interpretations of the text of this title or the boundaries of the zone district map
which shall be heard and decided by the City Council, and except as otherwise
specifically provided in this title. "
Neither Chapters 26.316 nor 26.222 differentiate between an applicant and an affected
party. A decision or determination made by an administrative official in the administration
of the Land Use Code may be appealed by any party to the Administrative Hearing Officer.
An appeal of an administrative determination is different from an appeal of a Code
Interpretation. The Code Interpretation Chapter of the Code, Chapter 26.306, addresses
interpretations of the meaning of the text of the Code. The Chapter describes a process
that allows a party to request an interpretation and allows the requestor to appeal the
interpretation to the City Council. A Code Interpretation process is recommended for
questions regarding the meaning of the Code prior to the Code being applied.
Interpretations affect the meaning of the Code and the manner in which it is applied after
the effective date of the Interpretation. Appeals of the application of the Code are handled
as an appeal of an administrative decision.
Residential Design Standards—
The Land Use Code includes a Chapter on Residential Design Standards— Chapter 26.410.
The Community Development Director is responsible for making several decisions and
determinations about a project's compliance with these standards. The Chapter does not
include an appeals section so the appeal process is pursuant the general procedures of the
Land Use Code. This process is described above. Determinations of applicability,
determinations of consistency, and administrative variances concerning the Residential
Design Standards Chapter may be appealed by any party to the Administrative Hearing
Officer.
ADU/Carriage House—
Land Use Code Chapter 26.520 provides the process and requirements for the development
of Accessory Dwelling Units and Carriage Houses. This Chapter states that an appeal of a
decision by the Community Development Director may be appealed to the Planning and
Zoning Commission. It states that the appeal is handled as a Special Review. The
language in this Chapter does not limit who can appeal the Director's decision. An appeal
of the Community Development Director's determination concerning an Accessory
Dwelling Unit or Carriage House may be appealed by any party to the Planning and
Zoning Commission pursuant to the Special Review procedures.
Calculations and Measurements—
The method for calculating Floor Area of an ADU or Carriage House is stipulated within
Section 26.575.020 Calculation and Measurements. This section includes the provisions
regarding a floor area bonus for affordable housing. This Section also includes the method
for calculating setbacks, floor area, heights, lot area and other aspects of a property's
zoning requirements that must be measured. Compliance with these zoning limitations is
•
determined at the time of review of a building permit by the Zoning Officer, on behalf of
the Community Development Director. As previously determined by City Council, the
Community Development Director has the ability to accept an estimate of pre-development
topography for the determination of lot area. This Section does not include an appeal
procedure so an appeal would be pursuant the general procedures of the Land Use Code.
As described above,the appeal is heard by the Administrative Hearing Officer.
Building Permit: Compliance with Building Codes—
Applications for a building permit are reviewed for compliance with applicable building
codes by the City's Chief Building Official. Currently, the applicable code for this project
is the 2003 International Residential Code. This code states that decisions by the Chief
Building Official regarding the administration of the code may be appealed to the Building
Code Board of Appeals. The City will likely adopt the 2009 International Residential Code
later this year and the appeal procedures could be affected.
Building Permit: Compliance with Zoning Requirements and Limitations—
The City's Zoning Officer is a position within the Community Development Department.
This position reports to the Community Development Director and makes and implements
decisions and determinations on behalf of and pursuant to direction by the Director. This
position is responsible for the review of building permits for compliance with requirements
and limitations of a property's zoning regulations and of a property's Development Order,
as applicable. The Zoning Officer's review of a building permit consists primarily of a
review of the zoning limitations according to the methods described in the Land Use Code
for calculations and measurements. The Calculations and Measurements Section of the
Code— Section 26.575.020 —and the Chapter describing the allowances and limitations of
a property's zoning — Chapter 26.710 — do not include appeal procedures, so an appeal
would be pursuant the general procedures of the Land Use Code. This process is described
above and would be heard by the Administrative Hearing Officer.
The process for reviewing a building permit is described within Section 26.304.075 of the
Land Use Code. Sub-Section 26.304.075.B describes the referral of the permit application
to the Community Development Director (among other referral agencies) to determine if
the development proposal "complies with the zoning requirements and the allowances and
limitations of the Development order, development agreements and land use approvals and
entitlements granted by the City, and all conditions thereon. " This section does not
include an appeal procedure so an appeal would be pursuant the general procedures of the
Land Use Code. This process is described above.
LIMITATIONS OF DECISION:
This interpretation relies on the City's Land Use Code currently in effect, which is subject
to change. 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
0
maintained in the official record of all interpretations as provided under Section
26.306.010.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. Request for Code Interpretation from Suzanne Foster. (email)
Page 1 of 2
Chris Bendon
From: Suzanne Foster[suzanne @voicenet.com]
Sent: Thursday, February 11, 2010 8:35 AM
To: Chris Bendon
Subject: Re: Code interpretation
Follow Up Flag: Follow up
Flag Status: Red
To: Chris Bendon
Re: Code Interpretation Request
Dear Chris,
Please provide me with your code interpretation as to what extent a neighbor has the right to appeal
administrative determinations regarding review and approval for residential design standards, including:
administrative variances therefrom; the application to construct a for sale affordable housing carriage
house and receive the ensuing FAR bonus; determinations made by city engineers regarding natural
versus man made slopes that are accepted by the administration; and the review and issuance of a
building permit. We would also request an interpretation as to whom, in each interpretation where an
appeal is deemed an appropriate right, such appeal shall be made.
Sincerely,
Suzanne Foster
On Feb 10, 2010, at 7:18 PM, Chris Bendon wrote:
Suzanne:
The entire Land Use Code can be found at http://www.aspenpitkin.com/Departments/Community-
Development/Plan n i ng-and-Zoning/Title-26-Land-Use-Code/
The chapter on ADUs is at 520, within supplementary regs.
There's a section on FAR at 575.020. It's called calculations and measurements.
The provisions for replacing non-conforming structures is within 312.030.F
The section on abandonment of an application is at 304.070.F and is also copied below. A simple
letter requesting a stay of your application and your understanding of this section will suffice. We'll
use the date of the letter as the beginning date.
I'm still looking at the sections that we'd need to interpret. But I think your question is "to what
extent does a neighbor have the right to appeal administrative determinations regarding review and
approval for residential design standards, including administrative variances therefrom, and the
review and issuance of a building permit. And, to whom is the appeal.
A. Abandonment of application. If an applicant fails to pursue the approval of a
site-specific development plan in a timely fashion after filing an application for
same, the application shall be considered abandoned. For purposes of this
Subsection, failure to pursue the approval of a site-specific development plan in a
timely fashion shall mean a failure on the part of the applicant to take any action
3/19/2010
Page 2 of 2
with the Community Development Department in furtherance of the application for
a period of at least one year. An abandoned application shall render all previously
issued land use approvals, which do not constitute the approval of a site-specific
development plan, void unless the Community Development Director determines
that reinstatement of the application is in the best interests of the City. (Ord. No. 5-
2000, §6)
Cheers,
Chris Bendon, A/CP
Community Development Director
City of Aspen 1 970.429.2765
www.aspenpitkin.com/
3/19/2010
AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: /��/'/t
Aspen, CO 111
STATE OF COLORADO )
) ss.
County of Pitkin )
1 G i, e co-(ev (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:
(Z. 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.
Signature oof
The foregoing "Affidavit of Notice" was acknowledged before me this.4- day
of 49(24_1 L , 201l, by A no+ .
WITNESS MY HAND AND'OFFICIAL SEAL
PU IC NOTICE My commission expires: , tZ,/ �
RE: INTERPRET TION OF THE LAND USE �- ll//
CODE-A EAL PROCESSES. /
NOTICE IS HERE GIVEN that a code interpre-
tation _
of the City's Residential Design Standards of Notary Pub )e
the Land use Code was made on March 23,2010.
The Interpretation addresses the appeal processes
for various types of administrative determinations
that may be made by an administrative official in
the review and processing of a building permit
The interpretation request was submitted by Su-
zanne Foster.owner of 219 South Third Street;
Aspen,Colorado. ATTACHMENTS:
The interpretation and is available for public in-
spection in the Community Development Depart-
ment. For farther information contact Chris Ben-
Denatmen.t305Oaena Community Development COPY OF THE PUBLICATION
920.5090. If
st Chris Rendr■
Community Development Director
Published in,he Aspen Times Weekly on April 4,
2010 X4e3] 91