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Home My WebLink Aboutresolution.boa.001.2021RECEPTION#: 674547, R: $23.00, D: $0.00 DOC CODE: RESOLUTION Pg 1 of 3, 0311612021 at 03:58:49 PM RESOLUTION NO.01 Janice K. Vos Caudill, Pitkin County, CO (SERIES OF 2021) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A PERMITTED USE VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LOT 3, ARTHUR O. PFISTER FULLY DEVELOPED LANDS SUBDIVISION EXEMPTION, ACCORDING TO THE FIRST AMENDMENT TO THE FINAL PLAT THEREOF RECORDED MARCH 17, 2015 IN PLAT BOOK 109 AT PAGE 72, AS RECEPTION NO. 618207, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS LOT 3, ARTHUR O. PFISTER SUBDIVISION. Parcel ID No: 2735-113-02-003 WHEREAS, the Community Development Department received an application from Daniel Thomas Van Voorhis Revocable Living Trust (Applicant), represented by Chris Madigan of Madigan and Co. (Representative), for a Permitted Use Variance: pursuant to Land Use Code Chapter 26.314, WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the day the application was deemed complete — December 17, 2020, as applicable to this Project; and, WHEREAS, the Community Development Department referred the Application to the City of Aspen Parks and Engineering Departments, and received recommendations of approval with conditions; and, WHEREAS, the Board of Adjustment reviewed an Application for a Permitted Use Variance for off -site construction staging, at a duly noticed public hearing on January 14, 2021; and, WHEREAS, all required public noticing was provided as evidenced by an affidavit of public notice submitted to the record; and, WHEREAS, the Board of Adjustment finds the request to meet the Review Criteria (Section 26.314.040) for a permitted Use Variance; and, WHEREAS, during a duly noticed public hearing on January 14, 2021, the Board of Adjustment approved Resolution 1, Series of 2021, by a five to zero (5 - 0) vote, approving a Permitted Use Variance for off -site construction staging, as identified herein. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO THAT: Section 1: Aouroval Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the Board of Adjustment hereby grants a Permitted Use Variance to allow for off -sits construction staging on Lot 3, Arthur O. Pfister Subdivision during the construction of Lot 2, Arthur O. Pfister Subdivision (511 Lazy Chair Ranch Rd.), with conditions. Section 2: Lot 3, Arthur O. Pfister Subdivision A. A Construction Staging Plan for Lot 3 shall be approved as part of the building permit for the redevelopment of Lot 2. The contents of the Staging Plan are outlined below. B. No activity or disturbance of any kind shall extend beyond the limits of the building envelope established by the Final Subdivision Plat recorded at Plat Book 42, Page 45, and an agreed upon vehicular access path from Lazy Chair Ranch Rd. to the building envelope. C. Vehicular access to the building envelope will be determined at a site visit with the Parks Department to ensure access has the most minimal impact on the site. Vehicular access shall not Board of Adjustment Resolution No. 01, Series 2021 Page 1 of 3 exceed 15' in width. The extents of vehicular access boundaries and the building envelope shall be shown on all Construction Staging documents included in the building permit review. D. Construction staging is permitted on Lot 3 as long as a valid permit is in effect for Lot 2. E. The City of Aspen Parks, Community Development, and Engineering Departments must inspect and approve the restoration of Lot 3 prior to issuance of a Certificate of Occupancy for Lot 2. Restoration and use of Lot 3 for construction staging conditions are outlined below. Section 3: Engineerine Department All activity on Lot 3, Arthur O. Pfister Subdivision must comply with Title 21 of the City of Aspen Municipal Code, and all adopted regulations of the City of Aspen Engineering Department. The following conditions shall be met prior to issuance of a building permit for any permits for Lots 2 or 3: A. Construction Management Plan: The Applicant shall submit a CMP to the Engineering Department that includes all activity on Lots 2 and 3. The CMP shall be approved prior to building permit issuance. B. Revegetation Plan: An approved revegetation plan shall be approved by the Parks Department for Lot 3 prior to building permit issuance. C. Erosion Control Plan: An erosion and sediment control plan must be included in the CMP for both Lots 2 and 3. D. Drainage: The site drainage shall comply with all rules and regulations as deemed necessary by the Engineering Department. Section 4: Parks Department All activity on Lot 3, Arthur O. Pfister Subdivision must comply with all adopted regulations of the City of Aspen Parks Department. The following conditions shall be met prior to issuance of a building permit for any permits for Lots 2 or 3: A. A site visit is required with the City of Aspen Parks Department and Applicant prior to building permit issuance to discuss all anticipated activity on Lot 3. B. Revegetation Plan: An approved revegetation plan shall be approved by the Parks Department for Lot 3 prior to building permit issuance. C. Tree Protection Plan: A tree protection plan and any required tree removal permits must be approved prior to building permit issuance. D. No activity or storage of material is allowed within the Tree Protection Fencing. E. The Parks Department and Applicant shall meet on -site prior to building permit issuance to determine the most appropriate vehicular access to the approved Building Envelope. The vehicular access path shall not exceed 15' in width. The vehicular access path and extents of the building envelope shall be depicted on all Construction Staging Plan documents. Section 5• All material representations and commitments made by the Applicant pursuant to the development proposal approvals as herein awarded, whether in public hearing or documentation presented before the Community Development Department and the Board of Adjustment Commission, are hereby incorporated in such plan development approvals and the same shall be complied with as if fully set forth herein, unless amended by other specific conditions or an authorized authority. Section 6• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 5• Board of Adjustment Resolution No. 01, Series 2021 Page 2 of 3 Pursuant to Land Use Code Section 26.314.070, the subject variance shall expire 12 months from the date of the approval unless development has commenced as illustrated by the submission of a building permit or an extension is granted. The subject variance is not a Site -Specific Development Plan (SSDP), is not vested, and will not receive a Development Order. Section 6• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY, approved this 14th day of January, 2021. Approved as to form: Katharine Johp o , Assistant Ci orney Attest: 6� V��' - Wes Graham, Deputy Clerk Approved as to content: Andrew Sandler, Chair Board of Adjustment Resolution No. 01, Series 2021 Page 3 of 3