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Home My WebLink Aboutcoa.lu.ca.Ability to Restore Non Conform.A031-01 1"""\ CASE NUMBER PARCEL In # CASE NAME PROJECT ADDRESS PLANNER CASE TYPE OWNER/APPLICANT REPRESENTATIVE DATE OF FINAL ACTION CITY COUNCIL ACTION PZ ACTION ADMIN ACTION BOA ACTION DATE CLOSED BY / .'-" '- A031-01 Code Interpretation for Ability to Restor Non-conforming Us Fred Jarman Code Interpretation Don Policaro 4/19/01 6/1/01 J. Lindt ~ ~ ~ - . _. . -,...-..:.....-_.---~. --- ~ ~ .._. - .~._.~._.,~_. - , . .._.._,:--::".~.___~..~...:.:r' . ,r\ II ASPEN . PITKIN April 20, 2001 COMMUNm DEVELOPMENT DEPARTMENT Mr. Policaro P. O. Box 11704 Aspen, Colorado 81612 Dear Mr. Policaro: This letter, signed and dated on April 19'h, 2001, shall serve as an official Interpretation of the Aspen Land Use Code specifically regarding Section 26.312.020(G)(l): Non- Conformities, "Ability to Restore" with a specific question in mind: Does this include off-site laundry and' maintenance? It is the opinion of the Community Development Director that a laundry facility is a use located in a structure. Moreover, if the structure containing the laundry facility has been purposely demolished, then the use may not be restored. If the structure containing the laundry facility has been partially demolished, , the structure containing the use may be restored within 12 months of the date that the partial demolition has taken place. It is our hope that this Interpretation has provided you with the desired clarity regarding Section 26.312.020(G)(l): Non-Conformities, "Ability to Restore". Regards, /! ~ f ~ '~~ Fred Jarman City of Aspen, Planner ~ Attached: Interpretation CC Julie Ann Woods, Community Development Director' John' Worcester, City of Aspen Attorney 130 SoUTH GALENA STREET' AsPEN. COLORADO 81611-1975 . PHONE 970.920.5tl'!0 ' FAx970.920.5439 . . .'.----..---..----'.------ --.--- -" ..-- . ,1"""\ r-, ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT NON-CONFORMITIES, "ABILITY TO RESTORE" INTERPRETATION JURISDICTION: City of Aspen APPLICABLE CODE SECTION: Section 26.312.020(G)(1): Non-Conformities, "Ability to Restore" EFFECTIVE DATE: April 19, 2001 WRITT~N BY: ~1N Fred Jarman, City Planner APPROVED BY, 1111 ~ lwi, Ann Woo", ~ 'JV tc.- ~ Wf~ Community Development Director COPIES TO: Mr. Don Policaro SUMMARY Mr. Policaro requested a Land Use Code Interpretation regarding Section 26.312.020(G)(1): Non-Conformities, "Ability to Restore" with a specific question in mind: Does this include off-site laundry and maintenance? It is the opinion of the Community Development Director that a laundry facility is a use located in a strncture. Moreover, if the structure containing the laundry facility has been purposely demolished, then the use may not be restored. If the structure containing . the laundry facility has been partially demolished, the structure containing the use may be restored within 12 months of the date that the partial demolition has taken place. INTERPRETATION Mr. Policaro would like a formal interpretation of the section written in italics below. 26.310.020(G) Demolition or destruction. 1. Ability to restore. Any nonconforming use not associated with a structure may not be restored after a discontinuance period of more than 30 days. Any nonconforming use located in a Structure which is purposejitlly demolished, pursuant to the definition of Demolition, may not be restored Any nonconforming use located in a structure, which is purposefUlly partially demolished, pursuant to the definition, pursuant to the definition of Partial demolition, may be restored as of right within twelve (12) months of the date of partial demolition The first portion of this section (Any noncoriforming use not associated with a structure may not be restored after a discontinuance period of mOre than 30 days.) means that any nonconforming use not associated with a structure, such as a drive - . /""'\ ,-. thru or sandwich board, that,has been discontinued for longer than 30 days, may not be restored. ' The second portion of this section (Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of Demolition. may not be restored) means that any nonconforming use located in a strncture, such as a restaurant located in a house in a residential zone district, and that house is purposefully demolished, the use may not be restored. The third portion of this section (Any nonconforming use located in a structure, which is purposefully partially demolished, pursuant to the definition, pursuant to the definition of Partial demolition, may be restored as of right within twelve (12) months of the date of partial demolition) means that any nonconforming use located in a structure, such as the example provided in the paragraph directly above, that has been partially demolished, may be restored within 12 months of the date that the partial demolition has taken place. Therefore, the specific question regarding laundry facilities would clearly fall into the second and third portions of Section 26.310.020(0)( I). More specifically, a laundry facility is a use located in a structure. Additionally, if the structure containing the laundry facility has been purposely demolished, then the use may not be restored. If the structure containing the laundry facility has been partially demolished, the structure containing the use may be restored within 12 months of the date that the partial demolition has taken place: Appeal of Decision As with any interpretation of the land use code by the Community Development Director, an applicant has the ability to appeal this decision to the Aspen City Council. This can be done in conjunction with a land use request before City Council or as a separate agenda item. In this case, there is no land use case proposed by the applicant, therefore an appeal would require separate action by City Council. 26.316.030(A) Appeal Procedures Any person with a right to appeal an adverse decision or determination shall 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 and with the City office or department rendering the decision or determination within fourteen (14) days of the date of' the decision or ,determination being appealed. Failure to file such notice of appeal within the prescribed time shall constitute a waiver of any rights under this Title to appeal any decision or determination. Attached: Letter of Request for Code Interpretation from Mr. Policaro _- bow Pd(rc.~o .. 4- - /1":6) ( F ~ q ?-o- d~6S- ~'^ 'YtzP-5 (vif2@cf)5 d -w~ ~ OJ ~ frY'- G.! Ii.}, ill~ to fJaJ~ 711/ de" ?,Id., 0;)0, 0; -c.tu {!~ ~ ~. f)Lb8~ ~ O-VSill f~ ~~ . ;>/1 , /~S'. RECf:t;';r-.~ "',-,.;;'.,' , APR 042001 cOMMttPEN I PITKIN ' ITYDEVELOPMENr ,....., ,-;, Section 3: Section 26.312.020(G)(1) - Nonconforming uses demolition or destruction - shall be and is hereby amended to read as follows: 1. Ability to restore. Any nonconforming use not associated with a structure may not be restored after discontinuance period of more than 30 days. Any nonconforming use located in a structure which is purposefully demolished, pursuant to the definition of Demolition, may not be continued or restored. Any nonconforming use located in a structure which is purposefully partially demolished, pursuant to the definition of Partial Demolition, may be restored as of right within twelve (12) months of the date of partial demolition. Section 4: Section 26.316.020(B)(1) - Interpretations - shall be and is hereby amended to read as follows: 1. An interpretation to the text of this Title or the boundaries of the zone district map by the Community Development Director in accordance with Chapter 26.306. Section 5: Section 26.316.030(F). - Appeals Authority - shall be and is hereby amended to read as follows: F. Action by the decision-making body hearing the appeal. The decision-making body authorized to hear the appeal shall follow the general hearing procedures set forth at Section 26.304.060(C). The decision-making body hearing the appeal may reverse, affirm, or modify the decision or determination appealed from, and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision shall be approved by written resolution. Section 6: Section 26.435.010 - Envirorunentally Sensitive Areas Purpose - shall be and is hereby amended to read as follows: Certain land areas within the city are of particular ecological, envirorunental, architectural or scenic significance and all development within such areas shall be subject to heightened review procedures and standards as set forth in this Chapter. These areas shall be known as Envirorunental1y Sensitive Areas (ESA) and shall include the following: Section 7: Section 26.435.030(A) - 8040 Greenline Review - shall be and is hereby amended to read as follows: Ordinance No 55, Series of2000, page 3