HomeMy WebLinkAboutresolution.council.031-19 RESOLUTION NO. 31
(SERIES OF 2019)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL TO REMAND AN APPEAL
BACK TO THE BOARD OF ADJUSTMENT TO FIND CONSISTENCY WITH THE
APPLICABLE CRITERIA OF TITLE 26 FOR APPROVAL OF A DIMENSIONAL
VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS NORTHERLY 70 FEET
OF LOTS A, B AND C, EXCEPT THE EASTERLY 39" OF LOT C; BLOCK 36; CITY
AND TOWNSITE OF ASPEN, COMMONLY KNOWN AS 431/433 WEST HALLAM
STREET.
Parcel ID No:2735-124-330-01
WHEREAS, the Community Development Department received an application for 431
W. Hallam St. from Connery Family Trust (Homeowner), represented by Chris Bendon, Bendon
Adams for the following land use review approvals:
• Variance, pursuant to Land Use Code Chapter 26.314; and,
WHEREAS, the Board of Adjustment reviewed the Application at a duly noticed public
hearing on December 13, 2018; and,
WHEREAS,during the public hearing on December 13,2018,in which presentations were
heard and public testimony was taken, the Board of Adjustment approved Resolution 4, Series of
2018, by a 4 to 1 (4-1) vote, granting approval for a Dimensional Variance Review, as identified
herein.
WHEREAS, pursuant to Chapter 26.314.080 — Appeals, on December 27, SHC- Aspen,
LLC (Appellant), represented by Peter Thomas, Praxidice P.C. sought an appeal; and,
WHEREAS,the City Council, pursuant to Chapter 26.316, Appeals, may affirm, modify,
reverse or remand the approval of the Board of Adjustment, upon a finding that there was a denial
of due process, exceeding of jurisdiction, or abuse of authority in rendering the interpretation; and,
WHEREAS, the City Council has taken and considered written and oral argument from
the representatives for the appellant, and the Community Development Staff, and has found that
the Board of Adjustment provided due process, was within its jurisdiction but abused its discretion
in granting the variance; and,
WHEREAS, the City of Aspen City Council finds that this Resolution furthers and is
necessary for the promotion of public health, safety, and welfare.
NOW, THEREFORE BE IT RESOLVED that the City Council remands the appeal back to the
Board of Adjustment for the approval of Resolution No. 4, Series of 2019, for a dimensional
variance.
1. The Board of Adjustment should reconsider the proposed variance and find consistency
with the criteria in Chapter 26.314.040, Standards Applicable to Variances.
FINALLY, approved this 11th day of March 2019.
City Council
Resolution No. 31, Series 2019
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ATTEST: Approved as to content:
Linda Manning, City Clerk Steven Ska r--on,Mayor
APPROVED AS TO FORM:
Ji rue, City Attorney
City Council
Resolution No. 31, Series 2019
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