HomeMy WebLinkAboutresolution.apz.014-2022CITY OF ASPEN, COLORADO
PLANNING AND ZONING COMMISSION
RESOLUTION # 14
(Series of 2022)
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF
ASPEN, COLORADO, SETTING THE DATE OF MEETING FOR THE CONSIDERATION
OF APPEALS FROM THE DENIAL OF CERTAIN DEVELOPMENT ALLOTMENT
PERMITS BY THE COMMUNITY DEVELOPMENT DIRECTOR AND ADOPTING
PROCEDURES FOR CONSIDERATION OF APPEALS
WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, five applicants
have timely filed an appeal of the Planning and Zoning Commission denying their application for
demolition allotment permits at the following properties:
1) North Half of Lots K, L, & M, Block 33, East Aspen Addition, also known as 212
Cleveland Avenue, Aspen Colorado 81611;
2) Lot 1, Barbee Family Subdivision/PUD, also known as 701 Garmisch Street, Aspen,
Colorado 81611;
3) Lot 1 Ferguson Exemption Plat, also known as 108 Midland Avenue, Aspen,
Colorado 81611;
4) Block 3, Lot 12, Aspen Grove Subdivision, also known as 782 McSkimming Road,
Aspen, Colorado 81611;
5) Parcel A, Lot 25, Filing 1 of the West Aspen Subdivision, also known as 825 Bonita
Drive, Aspen, Colorado 81611; and
WHEREAS, pursuant to Chapter 26.316 of the Aspen Municipal Code, the appeal is heard
by the Planning and Zoning Commission and is reviewed on the record established by the decision -
making body from which the appeal is taken, which in these cases was the Community
Development Director; and
WHEREAS, the Planning and Zoning Commission has determined that it is in the best
interest of the City and the, parties involved to hear the appeal at a special meeting and to formally
set forth specific procedures for conducting these appeals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO,
Section 1.
Pursuant to Section 26.212.060 of the Aspen Municipal Code, the Planning and Zoning
Commission hereby directs the City Clerk to call and properly notice a Special Meeting of the
Commission to be held on Thursday, November 17, 2022, commencing at 4:30 p.m., for the
purpose of hearing the aforementioned appeals.
Section 2.
Pursuant to Section 26.316.030 of the Aspen Municipal Code, the Commission hereby adopts the
following procedures for the conduct of these appeals:
PRELIMINARY PROCEDURES:
1. The record shall be made available to the applicant and the public no later than
close of business on November 4, 2022.
2. The applicant may file a request to supplement the record with any additional
document or records considered by the Community Development Department in
making its determination on or before 5:00 p.m. on November 8, 2022.
3. Written Legal Arguments shall be allowed pursuant to the following procedures:
(a) Schedule for submission:
All legal arguments shall be submitted to the Office of the City Clerk on
or before November 10, 2022 at 3:00 p.m. Such written arguments can be
sent to the Clerk at Cindy Klob at cindv.klob as en. ov or delivered in
person or by mail to the City Clerk, 427 Rio Grande Place, Aspen, CO
81611, no later than the date and time specified herein.
(b) Who may submit:
Applicant may submit a written argument in support of its appeal.
The Community Development Director may submit a written argument in
support of its decision.
Any other interested party may submit a written argument in support of or
in opposition to the application. An interested party is any person who may
be directly impacted by the decision of the Planning and Zoning
Commission.
(c) Requirements of written submissions:
Page Limits:
Applicant: 10 pages, double spaced, 12 pt. font,
1" margins.
2
Community Development: 10 pages, double spaced, 12 pt. font,
1" margins.
Interested Parry: 3 pages, double spaced, 12 pt. font, including
exhibits.
(d) Content:
Anyone submitting a brief should confine their arguments to the facts
in the record before the Community Development Director. No
additional evidence shall be submitted or considered by Commission.
The record will be paginated so that references to the facts should
contain a reference to the page in the record where the facts were
presented.
The Planning and Zoning Commission will not consider comments submitted directly to
commissioners by email and comments that include facts not included in the record. All
written arguments must be submitted to the Clerk's Office no later than Thursday,
November 10, 2022, at 3:00 p.m.
CONDUCT OF HEARING:
The Applicant and Community Development will be given 5 minutes each
to present oral legal argument.
2. The meeting will be virtual and open to the public. Virtual meeting
instructions will be posted in advance of the meeting on the City's website
and in the meeting agenda. However, no public comment shall be taken.
Any party who has submitted a written argument in support of a position
may wish to be available to answer appropriate questions from
Commission.
4. The Commission shall review the record and deliberate based on the record
and legal positions presented.
APPROVED by the Commission at its meeting on November 3, 2022.
APPROVED AS TO FORM: PLANNING AND ZONING
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ISSION:
Katharine John , Assistant City Attorney eraissa McGovern, Chair
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ATTEST:
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Cindy VIob, Records Manager
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