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RESOLUTION #075
(SERIES OF 2022)
A RESOLUTION OF THE ASPEN CITY COUNCIL AFFIRMING A DECISION OF
THE COMMUNITY DEVELOPMENT DIRECTOR TO DENY AN EXEMPTION FROM
ORDINANCE #6, SERIES OF 2022 FOR A PROPOSED DEVELOPMENT AT 308 N. 1st
STREET, ASPEN COLORADO
WHEREAS, on March 14, 2022, 308 N. First Street LLC, owners of property described
as Lot 1, Nolan Lot Split, also known as 308 N. 1st Street, Aspen, Colorado submitted a building
permit application for the property by and through Bendon Adams,
WHEREAS, on March 30, 2022, the Community Development Director, by and through
Bonnie Muhigirwa, Deputy Chief Building Official, rejected the application as incomplete, and
found the application to be subject to the moratorium imposed by Ordinance #6, Series of 2022;
WHEREAS, the owners appealed the decision of the Community Development
Department;
WHEREAS, pursuant to Section 5 of Ordinance #6, Series of 2022, appeals concerning
the applicability of this moratorium to specific projects or properties shall be heard by the City
Council pursuant to Chapter 26.316 of the Aspen Municipal Code —Appeals. On April 12, 2022,
the appellant timely appealed.
WHEREAS, pursuant to Section 26.316.030.D of the Aspen Municipal Code, at least 15
days before the date that Council will hear the Appeal, the City is to provide notice of the
meeting to the applicant, and via publication in the newspaper. Notice has been provided as
required.
WHEREAS, LUC Section 26.316.030. - Appeal procedures, states, in pertinent part:
(e) Standard of review. Unless otherwise specifically stated in this Title, the
decision -making body authorized to hear the appeal shall decide the appeal based
solely upon the record established by the body from which the appeal is taken. A
decision or determination shall not be reversed or modified unless there is a
finding that there was a denial of due process or the administrative body has
exceeded its jurisdiction or abused its discretion.
(f) Action by the decision -making body hearing the appeal. 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 -making body may also elect to remand an appeal to
the body that originally heard the matter for further proceedings consistent with
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that body's jurisdiction and directions given, if any, by the body hearing the
appeal. The decision shall be approved by written resolution. All appeals shall be
public meetings;
and,
WHEREAS, the City Council has reviewed the record on appeal and at a public meeting held on
May 17, 2022, and makes the following findings and determinations pursuant to the Aspen Land
Use Code and applicable laws related to administrative determinations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO,
Section 1. FINDINGS
The City Council hereby adopts the recitals set forth above and makes the following findings
based on its review of the record on appeal:
A. 308 North First LLC is the record owners of property located at 308 N. I" Street, Aspen,
Colorado ("Property").
B. Ordinance #6, Series of 2022, placed a temporary moratorium on certain types of
residential development in the City of Aspen effective March 15, 2022.
C. On or about March 14, 2022, the owners' representative submitted a building permit
application for the Property pursuant to the City of Aspen Municipal Code. The
application proposed construction of a residence on a vacant lot. Additional documents
were submitted for the application on March 16, 2022.
D. On March 30, 2022, the Community Development Director, by and through Bonnie
Muhigirwa the Deputy Chief Building Official, informed the owners' representative that
its application for permit was incomplete and thus subject to temporary moratorium
imposed by Ordinance #6, Series of 2022.
E. Neither the applicant nor any affected party was denied due process at any point
throughout the consideration of this application.
F. Council finds that the Community Development Director's determination was within his
jurisdiction, was not arbitrary or capricious, and was not an abuse of discretion.
Section 2. DETERMINATION OF COUNCIL
Based on the findings set forth above, the City Council hereby determines that the
decision of the Community Development Director must be and hereby is upheld. 308
North First LLC's building permit application for development at 308 N. I't Street,
Aspen Colorado was incomplete as of the passage of Ordinance #6, Series of 2022, and
thus subject to the temporary moratorium imposed by Ordinance #6, Series of 2022.
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APPROVED by the Aspen City Council at its regular meeting on Maya'2�ZZ.
APPROVED AS TO FORM:
James R. True, City Attorney
ATTEST:
Nicole Henning, City rk
APPROVED AS TO CONTENT:
7
W' T'j r
Torre, Mayor
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