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RECEPTION#: 693668, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 03/14/2023 at 02:17:29 PM
Ingrid K. Grueter, Pitkin County, CO
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RECEPTION#: 693666, R: $28.00, D: $0.00
DOC CODE: RESOLUTION
Pg 1 of 4, 03/14/2023 at 02:00:39 PM
Ingrid K. Grueter, Pitkln County, CO
r RESOLUTION NO.01
4 (SERIES OF 2023)
j
A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING
A SETBACK VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS
CARIBOU CONDOMINIUMS COMMON AREA, PURSUANT TO THE
CONDOMINIUM MAP APPEARING IN MAP BOOK 4 AT PAGE 379 AND 380, AS
AMENDED BY THE FINAL SUBDIVISION PLAT APPEARING IN MAP BOOK 4 AT
PAGES 404 AND 405, PITKIN COUNTY, COLORADO, COMMONLY KNOWN AS 701
S. MONARCH STREET, ASPEN, CO 81611
Parcel ID No: 2735-131-25-800
1-d WHEREAS, the subject property is located within the Lodge (L) zone district and contains
an existing -nonconforming four (4) foot retaining wall located within the five (5) foot side -yard
C setback; and,
p WHEREAS, Land Use Code Section 26.575.020.e.5.k, Allowed Projections into Setbacks,
allows retaining walls within setbacks which do not exceed thirty (30) inches vertically above or
below the lower of natural or finished grade improvements; and,
WHEREAS, the Community Development Department received an application for 701 S.
Monarch Street, (the Application) from the Caribou Condominiums Association, Inc. (Applicant),
represented by Chris Bryan, Garfield & Hecht, for the following land use review approvals:
G • Setback Variance: pursuant to Land Use Code Chapter 26.314, to develop a new retaining
a) wall within the side yard setback along the south of the property; and,
QG
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect
on the day the application was deemed complete - August 22, 2022, as applicable to this Project;
and,
WHEREAS, during a duly noticed public hearing on January 26, 2023, this item was
continued to February 16, 2023, due to lack of quorum, and
WHEREAS, on February 16, 2023, the Board of Adjustment reviewed the application and
approved Resolution 01, Series of 2023, by a five to zero vote (5-0), granting approval for
Dimensional Variance Review, as identified herein.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE
CITY OF ASPEN, COLORADO THAT:
Section 1: Conditions of Approval
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the
Board of Adjustment hereby approves a five (5) foot side yard setback variance along the southern
side of the property, reducing the setback requirement from five (5) feet to zero (0) feet to develop
Board of Adjustment
Resolution No. 01, Series 2023
Page 1 of 4
a new four (4) foot retaining wall, with a forty-two (42) inch guardrail on top, subject to the
following conditions:
1. Approval is conditioned on the existing retaining wall remaining in place. Any changes to
the existing wall or immediate vicinity that may impact trees located on the uphill side of
the subject property shall require subsequent review from the Parks Department. The Parks
Department reserves the right to impose additional conditions to protect all trees in the
area.
2. The entirety of the new wall shall be located fully outside of the adjacent access easement
(Book 94, Page 52).
3. The footprint of the new wall shall be consistent with the site plans included as Exhibit A
and B of this resolution. Small changes of a technical nature may be approved
administratively if found to benefit the tree.
Section 2: Material Representations
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, 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 3: Existin Litigation
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 4: Severability
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.
APPROVED, by the Board at its meeting on February 16, 2023.
Approved as to form:
Ile
r�
atharine Jo ' n, Assistant City Attorney
Attest:
Mike Sear, City Clerk
Approved as to content:
LILAL'_
Andrew Sandler, Chair
Board of Adjustment
Resolution No. 01, Series 2023
Page 2 of 4
Exhibit A: Approved Site Plan
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EXISTING PLANTER fOC+E
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POOL VAULT
BELOWGRADE
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EXISTING POOL
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Existing 4-ft.
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retaining wall
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Approved 4-ft.
retaining wall
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! EXISTING
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Board of Adjustment
Resolution No. 01, Series 2023
Page 3 of 4
Exhibit B: Approved Cross Section
Board of Adjustment
Resolution No. 01, Series 2023
Page 4 of 4