HomeMy WebLinkAboutresolution.council.131-23RESOLUTION #131
(SERIES OF 2023)
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL DENYING A FENCE HEIGHT
VARIANCE FOR THE PROPERTY LEGALLY DESCRIBED AS LEGALLY DESCRIBED AS:
COMMON AREA, UNIT 1, AND UNIT 2, CASTLE CREEK DUPLEX CONDOMINIUM,
ACCORDING TO THE CONDOMINIUM MAP THEREOF RECORDED FEBRUARY 6,1996 IN
PLAT BOOK 39, AT PAGE 14 AND AS DEFINED AND DESCRIBED IN THE CONDOMINIUM
DECLARATION RECORDED FEBRUARY 7,1996 AS RECEPTION NO.389764, COUNTY OF
PITKIN, STATE OF COLORADO. COMMONLY KNOWN AS 725-735 CASTLE CREEK
DRIVE.
Parcel ID No: 2 735-122-3 7-800, 2 735-122-3 7-001, 2 735-122-3 7-002
WHEREAS, the Community Development Department received an application for 725-735 Castle
Creek Drive from Mellin Raymond S & Heidi A, and CCD Holdings LLC (Applicant), represented by
Devin Gardiner (Pinion Sage LLC) requesting a Fence Height Variance, pursuant to Land Use Code
Chapter 26.314; and,
WHEREAS, pursuant to Chapter 26.314 of the Land Use Code, City Council may grant variances
to height requirements in the Land Use Code; and,
WHEREAS, all code citation references are to the City of Aspen Land Use Code in effect on the
day the application was deemed complete — May 4, 2023, as applicable to this Project; and,
WHEREAS, the City Council has reviewed and considered the application under the applicable
provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of
the Community Development Dircctor, and has taken and considered public comment at a duly noticed
public hearing on September 12, 2023; and,
WHEREAS, the City Council finds that a hardship does not exist on the property and that it is
unreasonable to grant a fence height variance; and,
WHEREAS, the City Council denies the Dimensional Variance request, by a three to two (3-2)
vote, as identified herein; and,
WHEREAS, the City Council Finds that this resolution does not further and is not necessary for
the promotion of public health, safety and welfare.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO THAT:
Section 1 Variance:
Pursuant to the procedures and standards set forth in Title 26 of the Aspen Municipal Code, the City Council
hereby denies a fence height variance to allow for a fence height of seventy-two (72) inches along the west
street facing yard as depicted in Exhibit A of this resolution, where a maximum height of forty-two (42)
inches is otherwise allowed.
Section 2 Referral Departments:
The applicant shall obtain all permits required and shall adhere to all regulations as required by the City of
Aspen Parks Department and all other applicable City Departments.
Section 3 Material Representations:
725-735 Castle Creek Drive
City Council Resolution #131, Series 2023
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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 City Council, are hereby incorporated in such 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 4 Existing 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 5 Expiration:
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 6 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 City Council of the City of Aspen on this 12' day of September, 2023.
Approved as to form:
im True, City Attorney
Attesttj
c
Nicole Henning, City Clerk
Approved as to content:
— 17��
Torre, Mayor
725-735 Castle Creek Drive
City Council Resolution #131, Series 2023
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