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
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Resolution #02, Series of 2023
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DOC CODE: RESOLUTION
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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
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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
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