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REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 7th 2023
Chairperson Sandler opened the meeting of the Aspen Board of Adjustment at 4:40 p.m.
Commissioners in attendance: Rick Head, Tim Sack, Ashley Feddersen, Andrew Sandler
Commissioners not in attendance: Jim Farrey and Collin Frank
Staff present:
Jeff Barnhill, Planner II
Bob Narracci, Zoning Administrator
Kate Johnson, Assistant City Attorney
Luisa Berne, Assistant City Attorney
Mike Sear, Deputy City Clerk
Staff Comments: None
Commissioner comments: None
Declaration of Conflicts of Interest: None
Minutes: Mr. Sandler motioned to approve the minutes from 8/3/2023. Ms. Feddersen seconded.
Roll call vote: Mr. Sack, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 3-0 vote, motion passes.
ACTION ITEM: Reconsideration of Resolution #4, Series of 2023 - A RESOLUTION OF
THE CITY OF ASPEN BOARD OF ADJUSTMENT approving DIMENSIONAL VARIANCEs
FOR THE PROPERTY COMMONLY KNOWN AS 258 Roaring Fork Drive.
Ms. Johnson introduced the item and went over the reasoning for the reconsideration of the
Resolution. She stated that in the previous meeting the BOA had approved Resolution #4, Series
of 2023 with an expiration date of 36 months. She noted that after it was approved, staff
recognized that the Board of Adjustment did not have the authority to grant a 36-month
expiration date, but rather could only grant a 12-month expiration with a onetime extension for
up to another 12 months. She said that because of this, staff was requesting that the Board of
Adjustment reconsider Resolution #4, Series of 2023 and consider an amended Resolution #4,
Series of 2023 allowing for the maximum allowable 24-month expiration. She noted that staff
finds this request is necessary to achieve compliance with the Land Use Code. She also noted
that an Agreement and Stipulation to amend the Resolution to reflect the correct expiration
period was included in the packet. This Agreement was signed by both the City and the
applicant’s representative, Mr. Chris Bendon. She also said that the packet included the original
Resolution as well as a copy of the amended Resolution.
PUBLIC COMMENTS: None
BOARD DISCUSSION: The board members did not have any questions and were ok with
staff’s request.
MOTION: Mr. Sack motioned to reconsider the original Resolution #4, Series of 2023. Mr.
Sandler seconded. Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr.
Sandler, yes. 4-0; All in favor, motion passes.
REGULAR MEETING ASPEN BOARD OF ADJUSTMENT December 7th 2023
Ms. Feddersen then motioned to approve the amended Resolution #4, Series of 2023 to reflect
that the variances on the property shall expire 24 months from the date of approval. Mr. Sandler
seconded. Roll call vote: Mr. Sack, yes; Mr. Head, yes; Ms. Feddersen, yes; Mr. Sandler, yes. 4-
0; All in favor, motion passes.
ADJOURN: Mr. Sandler motioned to adjourn the meeting. Ms. Feddersen seconded.
Roll call vote: Mr. Sack, yes; Mr. Head: yes, Ms. Feddersen, yes; Mr. Sandler, yes. 4-0; All in
favor, motion passes.
_____________________
Mike Sear, Deputy Clerk