HomeMy WebLinkAboutresolution.boa.003.2022RESOLUTION NO.03
(SERIES OF 2022)
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A
PERMITTED USE VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED ADJSUTED
PARCEL II, AS SHOWN ON THE BIBBIG SUBDIVISION EXEMPTION -LOT LINE
ADJUSTMENT PLAT RECORDED JANUARY 15, 1997 IN PLAT BOOK 41 AT PAGE 31 AS
RECEPTION NO. 400915, PITKIN COUNTY, COLORADO; COMMONLY KNOWN AS, 401
PARK AVENUE.
Parcel ID No: 2737-074-50-002
WHEREAS, the Community Development Department received an application from BMH
Investments — Brian and Shelly Hendry (Applicant), represented by Sara Adams of BendonAdams
(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 — July 15th, 2022, 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 December l ", 2022; 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 December 1 It,
2022, the Board of Adjustment
approved Resolution #03, Series of 2022, by a four to zero (4 — 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• Approval
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 -site construction staging on 401 Park
Avenue during the construction of 333 Park Avenue, with conditions.
Section 2: Enizincering De artrnent
All activity on 401 Park Avenue must comply with Title 21 of the City of Aspen Municipal Code, and all
adopted regulations of the City of Aspen Engineering Department.
A. The City of Aspen Engineering Department must inspect and approve the restoration of 401 Park
Avenue prior to issuance of a Certificate of Occupancy for 333 Park Avenue.
Section 3: Parks Department
All activity on 401 Park Avenue 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 333 Park Avenue or 401 Park Avenue:
Board of Adjustment
IIIIII IIIII IIIII I�III IIIII IIIII IIIII IIII II IIII�IIIIIIIII IIIIIII I I RECEPTION#: 693422, R: $18.00, D: $0.00 Resolution No. 03, Series of 2022
DOC CODE: RESOLUTION Page 1 of 2
Pg 1 of 2, 03/02/2023 at 11:10:11 AM
Ingrid K. Grueter, Pitkin County, CO
A. Parks will require tree protection fencing installed and inspected prior to allowing parking,
construction dumpsters, and material staging.
B. The City of Aspen Parks Department must inspect and approve the restoration of 401 Park Avenue
prior to issuance of a Certificate of Occupancy for 333 Park Avenue.
Section 4•
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 5•
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 6•
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 7•
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 1 sc day of December, 2022.
Approved as to form:
Jim True,
City Attorney
Attest:
_e�A
Cindy Klidb, Records Manager
Approved as to content:
l
An rew Sandler, Chair
Board of Adjustment
Resolution No. 03, Series of 2022
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