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DOC CODE: RESOLUTION
Pg 1 of 3, 03/27/2024 at 01 *000 *052 PM
Ingrid K. Grueter, Pitkin County, CO
RESOLUTION #027
A RESOLUTION OF THE CITY OF ASPEN CITY COUNCIL APPROVING A
DEMOLITION ALLOTMENT PER LAND USE CODE SECTION 26.470.110.G
FOR 875 BONITA DRIVE, LEGALLY DESCRIBED AS: SUBDIVISION: WEST
ASPEN, LOT: 26, FILING: 1, CITY AND TOWNSITE OF ASPEN, COUNTY OF
WHEREAS, on September 12, 2023, a PreApplication Summary was issued to
Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C. as representative
for the property at 875 Bonita Drive, describing the Land Use process to apply for a 2023
GMQS Demolition Allotment for single family and duplex residential structures, and,
November 20 2023
P.C. on beh;
completeness
of
a Land Use Application was submitted to Community Development on
by Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay,
the owner of 875 Bonita Drive. The application was reviewed for
and compliance; and,
WHEREAS, on January 10, 2024, a Notice of Denial was issued by the
Community Development Director in response to the Land Use application, as no 2023
GMQS Demolition Allotments were available as the six annual allotments had previously
been granted; and,
WHEREAS, on January 17, 2024, Community Development received an amended
application from Sarah M. Oates of Oates, Knezvich, Gardenswartz, Kelly & Ticsay, P.C.
on behalf of the owner of 875 Bonita Drive, pursuing a Demolition Allotment under
26.470.110.E — which allows two additional, annual allotments for long-time locals who
have owned and occupied their homes for more than 35 years; and,
WHEREAS, on January 9, 2024,
2024, to `carry forward' two unused
Allotments, creating four (4), 35+ Year
and,
Council approved Resolution #006, Series of
and unclaimed 3 5+ Year Local Demolition
Loc
al Demolition Allotments available in 2024;
WWHEREAS, Community Development staff have reviewed the application and
have provided a memorandum for City Council consideration recommending approval of
the request; and,
`'WHEREAS, City Council at a regular meeting on March 12, 2024 considered
Community Development's recommendation, reviewed application materials and heard
testimony from the owner of the property and/or their representative; and,
`'WHEREAS, by a vote of eve to zero (5nim 0) City Council approved Resolution
Series of 2024, granting approval of a Demolition Allotment to 875 Bonita Drive; and,
#027,
Resolution # 027, Series of 2024
875 Bonita Drive, Demolition Allotment Request
Pagelof3
V�TIIEREAS, the City Council finds that this Resolution furthers and is necessary for
the promotion of public health, safety, and welfare.
NOW, THEF�EFORE, BE IT RESOLVED BY T�� CITY COUNCIL OF THE CITY
OF ASPEN AS FOLLOWS:
Section 1:
A.
Section 2:
A 2024 GMQS Demolition Allotment is granted to the Marolt Estate for the
property at 875 Bonita Drive.
The Demolition Allotment is granted per 26.470.IIO.G—Additional Allotments
for local property owners of Single -Family and Duplex Development or
Expansion that does Nigger Demolition.
The allotment is subject to the following conditions:
• All requirements of the Residential Demolition and Redevelopment
Standards in place on August 8, 2022, must be met prior to building
permit issuance.
• The building permit submission must include a signed and notarized
affidavit the property owner, or successors, will comply with the
requirements of the Building IQ program.
• The building permit submission must include a signed and notarized
affidavit the property owner, or successors, will comply with the
requirements of the Embodied Carbon requirement prior to receiving a
Certificate of Occupancy.
• Approval and related vesting are limited to the issuance of a GMQS
Demolition Allotment and Residential Demolition and Redevelopment
Standards. The property is subject to all other requirements of the Land
Use and Building Codes in effect at the time of building permit
submission.
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 resolutions or ordinances
repealed or amended as herein provided, and the same shall be conducted and concluded under
such prior resolutions or ordinances.
Section 3:
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.
Resolution # 027, Series of 2024
875 Bonita Drive, Demolition Allotment Request
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FINALLY, adopted this 12 day of March, 2024.
Torre, Mayor
ATTEST:
icole
enni
Jerk
times R. True, City Attorney
Resolution # 027, Series of 2024
875 Bonita Drive, Demolition Allotment Request
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