HomeMy WebLinkAboutresolution.council.032-20 RESOLUTION NO. 032
(SERIES OF 2020)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL REMANDING TO THE
PLANNING & ZONING COMMISSION FOR FUTHER CONSIDERATION, A
REQUEST FOR A VARIATION FROM A RESIDENTIAL DESIGN STANDARD FOR
THE PROPERTY LEGALLY DESCRIBED AS COMMON AREA, ASPEN
TOWNHOUSES "EAST" CONDOMINIUMS, ACCORDING TO THE MAP THEREOF
RECORDED OCTOBER 20, 1965 IN PLAT BOOK 3 AT PAGE 49, AND FIRST
AMENDMENT THERETO RECORDED JULY 9, 1982 IN PLAT BOOK 13 AT PAGE 70
AND AS FURTHER DEFINED AND DESCRIBED IN THE CONDOMINIUM
DECLARATION FOR ASPEN TOWNHOUSES"EAST"CONDOMINIUMS RECORDED
OCTOBER 20, 1965 IN BOOK 216 AT PAGE 260, COUNTY OF PITKIN, STATE OF
COLORADO.
Parcel ID No:2737-182-58-802
WHEREAS,the Community Development Department received an application from Tory
Thomas, Aspen Townhomes East HOA President, 835 E. Durant Street, Aspen, CO 81611,
requesting approval for a Residential Design Standard Variation for the property at 835 E. Durant
Street; and,
WHEREAS,the City of Aspen Planning and Zoning Commission reviewed the application
at a duly noticed public hearing on December 18,2019;and,
WHEREAS,during the public hearing on December 18, 2019, in which presentations were
heard and public testimony was taken,the Board of Adjustment denied Resolution 14, Series of 2019
(not recorded),by a four to zero(4-0)vote,denying a variation from the Residential Design Standard
for Garage Placement, as identified herein; and,
WHEREAS,pursuant to Chapter 26.316.030,Appeal Procedures,on December 31,2019,
Tory Thomas, 835 E. Durant St. Aspen CO 81611 (Appellant), represented by Kim Raymond,
Kim Raymond Architects, sought an appeal; and,
WHEREAS,the City Council,pursuant to Chapter 26.316, Appeals, may affirm, modify,
reverse or remand the decision of denial from the Planning & Zoning Commission, pursuant to
considering if there was a denial of due process, exceeding of jurisdiction, or abuse of discretion
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
in denying the variation,the Planning&Zoning Commission neither exceeded its jurisdiction nor
abused its discretion but did not provide sufficient due process; 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.
City Council
Resolution No.032,Series 2020
Page I of 2
NOW, THEREFORE BE IT RESOLVED that the City Council remands the appeal to the
Planning & Zoning Commission for further consideration, the request for a variation from the
Residential Design Standard for Garage Placement.
FINALLY, approved this day of April 2020.
ATTEST: Approved as to content:
NZ�
Nicole Henning, City Cl rk Torre, Mayor
APPROVED AS TO FORM:
Jam R. True,City Attorney
City Council
Resolution No.032, Series 2020
Page 2 of 2