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HomeMy WebLinkAboutresolution.boa.002-2023RESOLUTION #02 (SERIES OF 2023) A RESOLUTION OF THE CITY OF ASPEN BOARD OF ADJUSTMENT APPROVING A CONSTRUCTION STAGING VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS ASPEN GROVE BLOCK 3, LOT 14, PITKIN COUNTY, COLORADO; COMMONLY KNOWN AS, 807 MCSKIMMING ROAD. Parcel ID No: 2737-172-01-004 WHEREAS, the Community Development Department received an application from Ray Spitzley, McLovin Aspen LLC (Applicant), represented by Sara Upton of Forum Phi (Representative), for a Construction Staging 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 — February 271h, 2023, 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 Construction Staging Variance for the purpose of constructing a single family residential home at 813 McSkimming Road, at a duly noticed public hearing on July 6th, 2023; 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 Construction Staging Variance; and, WHEREAS, during a duly noticed public hearing on July 6th, 2023, the Board of Adjustment approved Resolution 402, Series of 2023, by a four to zero (4 — 0) vote, approving a Construction Staging 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 TIIAT: 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 Construction Staging Variance to allow for off -site construction staging on 807 McSkimming Road during the construction of 813 McSkimming Road, with conditions. Section 2: En ineerin De ailment I IIIIII IIII� IIIII IIIII IIIII IIIII IIIII NII II I 11111111111111 IN Board Se ies of 2023 Resolution #02, Series of 2023 RECEPTION#: 696846, R: $23.00, D: $0.00 Page 1 of 3 DOC CODE: RESOLUTION Pg 1 of 3, 08/18/2023 at 02:04:56 PM Ingrid K. Grueter, Pitkin County, CO All activity on 807 McSkimming Road 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 applicant must submit an amount of $250,000 upon approval of the application, by the Board of Adjustment, to the City of Aspen Engineering Department as financial security for the restoration, revegetation, and removal of retention walls on 807 McSkimming Road. B. The City of Aspen Engineering Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. Section 3: Parks Department All activity on 807 McSkimming Road must comply with all adopted regulations of the City of Aspen Parks Department. A. Parks will require tree protection fencing installed and inspected prior to allowing parking, construction dumpsters, retaining wall construction, and material staging. B. A tree removal permit must be obtained for the coniferous tree that will be removed from the construction staging area. C. The applicant shall submit plans at the time of the tree removal permit that show the offset mitigation for the tree removal. The mitigation shall be the planting of five (5) coniferous trees on the north section of the property above McSkimming Road. D. The City of Aspen Parks Department must inspect and approve the restoration of 807 McSkimming Road prior to issuance of a Certificate of Occupancy for 813 McSkimming Road. Section 4: Planning Department A. If ownership changes during the construction of 813 McSkimming Road and during the construction staging at 807 McSkimming Road, a condition of approval will be verification that the new owner understands construction staging has been approved for 807 McSkimming Road and is authorized to continue until completion of the project at 813 McSkimming Road. 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 7• 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 Board of Adjustment Resolution #02, Series of 2023 Page 2 of 3 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 8: 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 6th day of July, 2023. Approved as to form: Katharine Joh , Assistant City A orney Attest: flf •. Mike r, City Clerk Approved as to content: CzL Andrew Sandler, Chair Board of Adjustment Resolution #02, Series of 2023 Page 3 of 3