The URL can be used to link to this page

Home My WebLink Aboutresolution.council.165-23RESOLUTION #165 (SERIES OF 2023) A RESOLUTION OF THE ASPEN CITY COUNCIL AFFIRMING THE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR TO DENY LAKE HOUSE ASPEN, LLC'S APPLICATION FOR 2023 DEMOLITION ALLOTMENT WHEREAS, on June 28, 2022, Aspen City Council ("Council") adopted Ordinance No. 13, Series of 2022 ("Ordinance 13"). Ordinance 13 provided numerous code amendments following the institution of a moratorium adopted by Council on March 15, 2022, pursuant to Ordinance No. 6, Series of 2022. Among the items adopted pursuant to Ordinance 13 was an annual cap of six standard demolition allotments for single-family/duplex demolition and redevelopment that would be issued each year; and, WHEREAS, on June 21, 2023, Lake House Aspen, LLC ("the Applicant"), owner of property described as Lot A of the Moores Lot Split Subdivision, and also known as 400 Lake Avenue, Aspen, Colorado ("the Property") submitted a complete growth management application for demolition and redevelopment of a single-family home on the Property pursuant to Section 26.470.090.0 of the Aspen Land Use Code ("LUC") by and through Bendon Adams; and, WHEREAS, on August 18, 2023, the Community Development Director ("Director") issued a Notice of Denial informing the Applicant that its application for a demolition allotment under Section 26.470.090.0 was denied due to insufficient allotments; and, WHEREAS, the Applicant timely appealed the Notice of Denial issued by the Director pursuant to section 26.470.160.0 of the LUC, and, WHEREAS, Applicant asserts Council and the Director wrongfully reduced the number of demolition allotments available for 2023; and, WHEREAS, on November 29, 2022, Council passed Resolution No. 140, Series of 2022, approving Settlement Agreements with six 2022 demolition allotment applicants who had received Notices of Denial and appealed to City Council. Under the terms of the Settlement Agreements, Council granted a 2023 multi -year demolition allotment to each of the six applicants pursuant to its authority set forth in Section 26.470.160.0 and further directed the Director to reduce the number of available allotments in 2023 by six; and, WHEREAS, no single-family demolition allotments were available for applicants in 2023 as a result of the Settlement Agreements authorized by Resolution 140, Series of 2022; and, WHEREAS, Section 26.470.160.0 states in relevant part: (c) Insufficient development allotments. Any property owner within the City who is prevented from developing a property because that year's development Page 1 of 4 allotments have been entirely allocated may appeal to the City Council for development approval. An application requesting allotments must first be denied due to lack of necessary allotments. The appeal procedures set forth at Chapter 26.316 shall apply. The City Council may take any such action determined necessary, including but not limited to making a one-time increase of the annual development allotment sufficient to accommodate the application. WHEREAS, LUC Section 26.316.030. -Appeal procedures, states, in pertinent part: (e) Standard of review. Unless otherwise specifically stated in this Title, the decision -making body authorized to hear the appeal shall decide the appeal based solely upon the record established by the body from which the appeal is taken. A decision or determination shall be not be reversed or modified unless there is a finding that there was a denial of due process or the administrative body has exceeded its jurisdiction or abused its discretion. (f) Action by the decision -making body hearing the appeal. The decision -making body hearing the appeal may reverse, affirm or modify the decision or determination appealed from and, if the decision is modified, shall be deemed to have all the powers of the officer, board or commission from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the appellant. The decision -making body may also elect to remand an appeal to the body that originally heard the matter for further proceedings consistent with that body's jurisdiction and directions given, if any, by the body hearing the appeal. The decision shall be approved by written resolution. All appeals shall be public meetings; WHEREAS, the City Council has reviewed the record on appeal and at a public meeting held on October 30, 2023, and makes the following findings and determinations pursuant to the Aspen Land Use Code and applicable laws related to administrative determinations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, Section 1. FINDINGS The City Council hereby adopts the recitals set forth above and makes the following findings based on its review of the record on appeal: A. Lake House Aspen, LLC is the record owner of property located at 400 Lake Avenue, Aspen, Colorado ("Property"). B. On or about June 21, 2023, the owners' representative submitted a growth management application for demolition and redevelopment of a single-family home on the property pursuant to Section 26.470.090.0 of the LUC. C. On August 18, 2023, the Community Development Director issued a Notice of Denial, informing the owners' representative that its application for demolition and redevelopment of a single-family home was denied due to insufficient allotments. D. Pursuant to Ordinance No. 13, Series of 2022, single-family/duplex standard demolition allotments were capped at six per a year. E. No single-family demolition allotments were available for this applicant. F. The Director was directed by City Council ("Council") to reduce the number of demolition allotments by six in accordance with Resolution 140, Series of 2022 and the related Settlement Agreements approved on November 29, 2022. G. Council has inherent authority to resolve any appeal that has been submitted to it by agreement, including the six appeals filed in 2022. H. Section 26.470.160.0 of the LUC allows Council, as part of the resolution of appeal to "take any action determined necessary,... [and] sufficient to accommodate the application." In accordance with Section 26.470.160.0 of the LUC, Council granted to the six 2022 appellants a 2023 multi -year demolition allotment as contemplated by Section 26.470.110.A of the LUC, and further directed the Director to reduce the applicable annual development allotments for 2023. I. Council had the authority to enter into and agree to the terms of the Settlement Agreement, and to further award a multi -year allotment to the six appellants as contemplated by Section 26.470.110A of the LUC. 1. Council further had the authority to reduce the number of allotments available in 2023 pursuant to Section 26.470.160.C. K. The Director was within his jurisdiction and did not abuse his discretion by reducing 2023 allotments upon the direction of Council. L. Neither the applicant nor any affected party was denied due process at any point throughout the consideration of this application. M. Council finds that the Community Development Director's determination was within his jurisdiction, and not arbitrary or capricious. N. Council finds that its approval of Resolution 140, Series of 2022, and the corresponding Settlement Agreements that resulted in a reduction of 2023 demolition allotments for single family and duplex properties was within its jurisdiction and not an abuse of discretion for the reasons stated on the record. O. Council finds that its purpose in adopting Ordinance No. 13, Series of 2022, and specifically limiting demolition allotment permits, is to reduce production of solid waste created by residential development and further align City policies with adopted climate and protection policies and regulations. Granting an additional demolition allotment for this applicant will undermine the goals of Ordinance No. 13, Series of 2022, specifically the goal of reducing green house gas emissions and avoid the worst effects of climate change. Section 2. DETERMINATION OF COUNCIL Based on the findings set forth above, the City Council hereby determines that the decision of the Community Development Director must be and hereby is upheld. At the time of Lake House Aspen's application for demolition and redevelopment at 400 Lake Avenue, Aspen Colorado, there were no available 2023 single-family demolition Page 1 of 4 allotments. Council declines to make a one-time increase in demolition allotments for this appeal as it would undermine the reason and purpose of capping the number of demolition allotments as set forth in Ordinance No. 13, Series of 2022. APPROVED by the Aspen City Council at its regular meeting on October 30, 2023. APPROVED AS TO FORM: James R. True, City Attorney ATTEST: � r Nicole Henning, City APPROVED AS TO CONTENT: Torre, Mayor Page 4 of 4